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HomeMy WebLinkAbout2010-155a* s.\legal\our documents\ordinances\10\encana easement ordmance.doc .!' ORDINANCE NO. 201 0-15 5 AN ORDINANCE AUTHORIZING AN UNDERGROUND PIPELINE EASEMENT BETWEEN THE CITY OF DENTON, TEXAS, AS GRANTOR AND ENCANA OIL & GAS (USA) INC., A DELAWARE CORPORATION, AS GRANTEE, REGARDING A 0.04 ACRE TRACT OF LAND LOCATED IN LOT 1, BLOCK 1 OF THE ROBSON RANCH WATER RECLAMATION PLANT ADDITION, RECORDED IN CABINET R, PAGE 365, PLAT RECORDS, DENTON COUNTY, TEXAS AND BEING IN THE T & P.R.R SURVEY, ABSTRACT NO. 1301, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Underground Pipeline Easement by and between the City of Denton, Texas and EnCana Oil & Gas (USA) Inc., A Delaware Corporation, in the form as attached hereto as Exhibit "A" and made part of the ordinance for all purposes (the "Agreement"), is hereby approved. SECTION 2. The City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 52010. ' R � f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:p4 APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: THE STATE OF TEXAS § COUNTY OF DENTON § UNDERGROUND PIPELINE EASEMENT AGREEMENT This Underground Pipeline Easement Agreement (the "Agreement") is entered into between the City of Denton, Texas, a Texas Municipal Corporation and a home -rule municipal corporation of Denton County, Texas ("GRANTOR") and EnCana Oil & Gas (USA) Inc., a Delaware corporation, whose address is 14001 Dallas Parkway, Suite 1100, Dallas, Texas 75240 ("GRANTEE"). For and in consideration of two -thousand six -hundred twenty-five and no/100 dollars. ($2,625.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the covenants contained herein, GRANTOR and GRANTEE agree as follows: I. Subject to the terms of this Agreement, GRANTOR hereby grants to GRANTEE an easement (the "Easement") under and across the property described in Exhibit "A", and illustrated in Exhibit `B" attached hereto (the "Easement Tract") for the sole purposes set forth herein. 2. This easement is limited to, made and accepted for the following sole purposes: Constructing, reconstructing, operating, replacing, relocating, rebuilding, inspecting, repairing, and maintaining two underground natural gas lines and one underground non - potable water line (collectively, the "Facilities") under the Easement Tract; together with the right of GRANTEE, its agents, employees, workmen and representatives to have restricted ingress and egress upon and across the Easement Tract for the purpose of constructing, reconstructing, operating, replacing, relocating, rebuilding, upgrading and inspecting the Facilities, said two natural gas lines shall not exceed eight (8) inches in diameter and said non -potable water line shall not exceed eight (8) inches in diameter. 3. The natural gas lines and non -potable water line placed by the GRANTEE within the Easement Tract shall be underground and buried so as not to interfere with GRANTOR's use of the surface of the Easement Tract, subject to the terms hereof. The placement of any infrastructure or improvement above the surface of -the earth, unless expressly otherwise allowed in this Agreement, is expressly prohibited. 4. The GRANTEE agrees to bury the natural gas lines and non -potable water line at a minimum of thirty-six (36) inches below the surface of the earth, however, if the pipeline(s) is situated beneath a road or a water, sewer, or drainage pipe, the natural gas pipeline(s) and non -potable water pipeline shall be then buried at a minimum of sixty (60) inches. 5. All facilities placed under the Easement Tract shall be maintained in good condition by GRANTEE and shall not interfere, restrict or limit the use of GRANTOR's use of the surface of the Easement Tract. All uses and operations by GRANTEE under the Easement Tract shall be conducted in a safe manner consistent with good industry practices and shall comply with all federal, state and local laws, ordinances, and permitting requirements. Placement of gas line markers shall only be placed on the north and south boundary lines of the Easement Tract, so that they do not interfere in any way with GR.ANTOR's access. 6. GRANTEE shall, at its sole and own cost and expense, comply with all applicable federal, state and local laws, statutes, rules, regulations and ordinances, including but not limited to the provisions, rules and regulations of the American National Safety Institute Code, as may be amended from time to time, existing zoning ordinances and governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances or other violations in, upon or connected with the rights granted herein and/or use of the Easement Tract by GRANTEE. 7. GRANTEE agrees, stipulates and fully understands that the pipelines and appurtenant facilities of GRANTEE. located in the Easement Tract are "at risk". GRANTEE shall arrange for the pipeline(s), appurtenant facilities, all activities, and improvements within the Easement Tract to be adjusted within the Easement Tract to facilitate road or other utility crossings, at the request of GRANTOR, within ninety (90) days of notification by GRANTOR to GRANTEE by United States Mail, certified, return receipt requested at 14001 Dallas Parkway, Suite 1100, Dallas, Texas 75240, and the costs associated with the adjustment of the pipeline(s), appurtenant facilities, all activities, and improvements shall be completely and solely borne by the GRANTEE. Notice shall be deemed delivered to GRANTEE when placed in the United States Mail, certified, return receipt requested, as provided above. 8. GRANTOR hereby reserves the right to use the Easement Tract for all purposes except as herein restricted. GRANTOR shall build no buildings within the Easement Tract. GRANTOR, without limitation, reserves the right to do or perform any of the following activities that may encumber or affect the Easement Tract: (a) grant public or private rights -of -way; (b) convey other public or private utility easements that do not unreasonably interfere with GRANTEE's permitted use; (c) install and maintain landscaping and associated irrigation; (d) install and maintain fencing; (e) pave over the Facilities with parking lots, entranceways, roads, and sidewalks using either concrete or asphalt materials, and (f) make any other use of the Easement Tract that does not unreasonably interfere with GRANTEE's permitted use. 9. In the event GRANTEE shall discontinue the use of the Facilities or otherwise abandon the Facilities, for a consecutive period of two (2) years, then this Easement shall terminate and be of no further force and effect and GRANTEE shall file for record in the Real Property Records of Denton County, Texas, a release of the easement granted herein. 10. After construction is completed regarding such natural gas lines and non -potable water line, no work shall be performed by GRANTEE within the Easement Tract unless permission to perform said maintenance work is given by GRANTOR, by and through City of Denton, City Engineer, as provided below. Except in the case of a maintenance emergency where such work may be initiated with reasonable notice (it being understood and agreed that, in some case, the circumstances of emergency may not permit notice to be given prior to commencement of the repair- work), GRANTEE shall provide GRANTOR at least fifteen (15) calendar days prior written notice before commencement of any work within the Easement Tract, including, without limitation, the initial construction activities, such notice of request to enter the Easement Tract to .be provided by United States Mail, certified, return receipt requested, to: City of Denton, Attention City Engineer, 215 E. McKinney, Denton, Texas 76201, with copy to Assistant Director of Wastewater, at the same address. Notice shall be deemed delivered to GRANTOR when placed in the United States Mail, certified, return receipt requested, as provided above. 11. GRANTEE SHALL AND DOES HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND GRANTOR, ITS ELECTED OFFICIALS; OFFICERS, AGENTS AND EMPLOYEES, FROM ANY AND ALL DAMAGES OR INJURY OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGE OR INJURY CAUSED BY, INCIDENT TO AND RELATED TO THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OF GRANTOR, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND/OR EMPLOYEES, RELATED TO THE USE OR OCCUPATION OF THE EASEMENT TRACT BY GRANTEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, INVITEES, ANY OTHER PERSON OR PARTY ACTING UNDER THE RIGHT, AUTHORITY OR PERMISSION OF GRANTEE, OR ANY OTHER PERSON OR PARTY (COLLECTIVELY, THE "INDEMNITY PARTIES"), OR ACT OF OMISSION, COMMISSION, OR WRONGDOING, OF ANY KIND, TYPE OR DEGREE, OF THE INDEMNITY PARTIES, WITH REGARD OR RELATED TO THE RIGHTS GRANTED HEREIN, OR THE FACILITIES, IN ANY WAY, MANNER OR FORM, INCLUDING WITHOUT LIMITATION, THE OPERATION OR MAINTENANCE OF THE FACILITIES; AND THE GRANTEE SHALL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT GRANTOR AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. 12. GRANTEE shall diligently repair any damage to the Facilities on 'the Easement Tract or surrounding property and shall completely restore* the surface of the Easement Tract and surrounding real property, if any, to its condition existing prior to GRANTEE's activities related to GRANTEE's use of the Easement Tract or exercise of the rights granted herein. 13. GRANTEE shall maintain at all times and shall provide to GRANTOR proof of the following insurance coverages: General Liability Insurance in the amount of $1,000,000 to include coverage for premises/operations, products/completed operations, independent contractors and contractual liability, and where the exposure exists, Explosion, Collapse and Underground; Automobile Liability Insurance in the amount of $500,000 to include coverage for all Autos or for Owned/Leased Autos, Non -Owned Autos, and Hired Cars; and Environmental Impairment Liability in the amount of $1,000,000. All policies shall name the City of Denton, Texas as an Additional Insured. 14. GRANTEE may assign this Easement, subject to the terms hereof and upon notifying GRANTOR in advance, in the manner provided in Section 10, above, and shall remain liable and responsible for all matters occurring, accruing or related to time periods prior to the effective date of such assignment. Any purported assignee of this Easement shall provide all the required insurance coverage that is set forth in Paragraph 13, above. No purported assignment of this Easement or the rights granted herein shall be effective unless and until such insurance coverage, and proof thereof, is provided to GRANTOR by the purported assignee of GRANTEE. 15. The Easement is conveyed and accepted subject to all encumbrances, covenants, easements and other matters whether of record in the Real Property Records of Denton County, Texas or not of record. GRANTEE represents and warrants to GRANTOR that it has made an independent inspection and evaluation of the Easement Tract and the title to same and the ability and legal authority of GRANTOR to execute and deliver this Easement and acknowledges that GRANTOR has made no statements or representations concerning the present or future value of the Easement Tract, the state of title of the Easement Tract, or the condition, including the environmental condition of the Easement Tract or. -the ability and legal authority of GRANTOR to execute and deliver this Easement to GRANTEE. FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE EASEMENT TRACT AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE EASEMENT TRACT, THE NATURE OF THE PAST OR HISTORIC USE OF THE EASEMENT TRACT, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE EASEMENT TRACT OR THE ABILITY AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS EASEMENT. GRANTEE further acknowledges that, in accepting this Easement, it has relied solely upon its independent evaluation and examination of the Easement Tract, and public records relating to the Easement Tract and the independent evaluations and studies based thereon. GRANTOR makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to GRANTEE, if any, whether furnished by GRANTOR or any third party. GRANTOR, its officers, employees, _ elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by GRANTOR, if any, or any of its officers, employees, elected officials, independent contractors and/or agents, and/or any other person or party, if any and GRANTEE hereby releases such parties from and against any claims related to such matters. Reliance on any material so furnished shall not give rise to any cause, claim or action against GRANTOR, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at GRANTEE's sole risk. THE CONVEYANCE OF THIS EASEMENT SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE EASEMENT TRACT AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE EASEMENT TRACT, THE NATURE OF THE PAST OR HISTORIC USE OF THE EASEMENT TRACT, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY, THE ABILITY AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS EASEMENT, OR OTHERWISE. GRANTEE has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Easement Tract. 16. It is agreed that this Agreement covers and includes all the agreements between the parties respecting the matters set forth herein and that no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. The rights and obligations set forth in this Easement shall bind and inure to the benefit of the successors and assigns of GRANTOR and GRANTEE and shall run with the land, so as to benefit. and burden the future owners of any direct or indirect interest in the real property encumbered by this Easement. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the rights and easement herein granted shall have not been abandoned as provided herein, for the purpose herein granted. In TESTIMOn WHEREOF, the Parties herein have executed this Agreement this the day of C29A6, 2010. GRANTOR City of Denton, Texas A Texas Municipal Corporation By: eorge C. Campbell City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY jj W-', 0416`/�*Z APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY By: GRANTEE EnCana Oil & Gas (USA) Inc. A Delaware corporation 14001 Dallas Parkway, Suite 1100 Dallas, Texas 75240 By Title: A�Vljde .1-�1 — F� C-t ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON 0 This instrument was acknowledged before me on %e %J 2010, by George C. .31 Campbell, City Manager of the City of Denton, on behalf of e City of Denton. Given der r my hand and seal of office this day of , 2010 OW (� ��). /-, , � a, W4 70 No46 Public_ (^� JANE E. RICHARDSON Notary Public, State of Texas My Commission Expires Printed Name June 27, 2013 My commission expires: 7/&fit ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before. me on _ June q , 2010 by / *&W. & rr-QJ1Z 9l1 1w -oWAc> of Encana Oil & Gas (USA) Inc., a Delaware corporation, on behalf of said corporation. Given under my hand and seal of office this _ f* day ofyle , 2010. "1111"'' DEBRA A. MITCHELL =r: Notary Public, State of Texas My Commission Expires J35a�� Notary Public Printed Name My commission expires: io -0 7-- a0 [,3 AFTER RECORDING RETURN TO: City of Denton, Texas Real Estate and Capital Support 601 East Hickory Street, Suite B Denton, Texas 76201 6811 Corporation Parkmy, Suite 200 �•.... Fort Worth, Texas 76126 www.fronfersurvong.com EXHIBIT "A" 50 Foot Wide Proposed Permanent Easement 0.040 acres (1,750 Square feet) Out of City of Denton Robson Ranch Water Reclamation Plant Block 1, Lot 1 Cabinet R, Page 365 Plat Records of Denton County, Texas 817/5604500 Fax 817289-3530 DESCRIPTION of 0.040 acres (1,750 square feet) of land, being a fifty foot (50') wide Proposed Permanent Easement, situated in the T. & P. R.R. Survey, Abstract No. 1301, Denton County, Texas, and being a portion of the final plat of Robson Ranch Water Reclamation Plant, Block 1, Lot 1, recorded in Cabinet R Page 365, of the Plat Records of Denton County, Texas, (P.R.D.C.T.) said Block 1, Lot 1 currently owned by the City of Denton (deed recorded in Document No. 2007-29967 of the deed records of Denton County, Texas). Said 0.040 acre (1,750 square feet) fifty foot wide Proposed Permanent Easement being more particularly described by metes" - and bounds as follows; COMMENCING at a 5/8" iron rod found called to be at the southwest comer of the T. & P. R.R. Survey, Abstract No. 1301 (Y=7,101,133.19, X=2,346,020.83) on said final plat of Block 1, Lot 1 and being at an angle point in the West line of a tract of land described in deed to Robson Denton Development, L.P., recorded in Volume 4373, Page 216 of the deed Records of Denton, County, Texas (D.R.D.C.T.); THENCE: North 00 Degrees 31 Minutes 59 Seconds West, with the west line of said Robson Denton Development, L.P. Tract, a distance of 248.17 feet to a point for comer, THENCE: North 89 Degrees 19 Minutes 15 Seconds East, over and across said Robson Denton Development, L.P. Tract, a distance of 55.74 feet to a point for corner in the west line of said'Block 1, Lot 1; THENCE: South 89 Degrees 59 Minutes 13 Seconds East, continuing with the west line of said Block 1, Lot 1, a distance of 50.00 feet to THE POINT OF BEGINNING (Y=7,101,382.00, X=2,346,124.26); THENCE: North 00 Degrees 33 Minutes 33 Seconds West, over and across said Block 1, Lot 1, a distance of 35.00 feet to a point for comer in the north line of said Block 1, Lot I THENCE: South 89 Degrees 59 Minutes 13 Seconds East, with said north line, a distance of 50.00 feet to a point for corner, THENCE: South 00 Degrees 33 Minutes 33 Seconds East, over and across said Block 1, Lot 1, a distance of 35.00 feet to a point for comer in- the west line of said Block 1, Lot 1; THENCE: North 89 Degrees 59 Minutes 13 Seconds West, with said west line, a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.040 acres (1,750 square feet) of land more or less. NOTE: A Survey Plat representing a graphic image of this description styled as City of Denton, page No. 2 of 2 accompanies this document. The Basis of Bearing is Texas State Plane Coordinate System, Zone 4202, and NAD 83. This description and the accompanying Survey Plat were prepared from record data famished by the client and was done without the benefit of a Title Report. Surveyor has made no investigation or search for easements or other matters of record that a Title Report would disclose and this survey does not represent a warranty of title or a guarantee of ownership. I, Ted A. Gossett, do hereby state that the above and foregoing description was prepared from a survey made on the ground, under my direction and supervision during multiple months of 2009-2010. P -F Ted A. Gossett Registered Professional Land Surveyor State of Texas No. 5991 February 2010 Job No. 808098 TED A. GOSSET ....:.'v:; .. 5991 rsslSUR��� JOB: G70808098 1 of 2 EXHIBIT B T. & P. R.R. A-1301 ROBSON DENTON DEVELOPMENT. L.P. VOLUME 4373 PACE 216 n 50' WIDE PROPOSED PERMANENT O.R.O.C.T. LINE BEARING DISTANCE • L1 N 00'33 33 W L2 S 8759 13 E 50.D0 L3 S 2P33 E 33 35.00 L4 N 89'S9'13; W 5MOO 50' WIDE PROPOSED PERMANENT EASEMENT ISTING ENTERPRISE 0.040 ACRES (1,750 SO. Fr.) EASEMENT I x x x x x_ (NI 89'19'15- IE 55. 4') !J (S 89'59'2e E 50.001 POINT OF BEGINNIN( Y - 7.101.=o X - Z346.124.2 LAT : 33.08'38,67 LONG : 9715*58.23 n f\ � f (C-M.) 5/8' I.R.F. CALLED SOUTHWEST CORNER OF T. & P. R.R. SURVEY A-1301 CAEUNET R PAGE 365 P.R.D.C.T. Y - 7.101.133.19 X - 2,346 Q20 83 LAT : 013 38.2Y LON¢ : 97'15.59.48' W.L. DUNNING A-1568 30 0 30 so 90 120 ,SO 100 SCALE: 1' = 60 FEET NOTE • A wntten description of Mis Survey Plat styled as CRY OF OFNTON, pages t of 2 accompanies Mrs domunent.7he Basis of Bearing is Texas State Pion@ Coordinate System, Zone 4202, NAD 81 This survey plot were prepared from record data fumishsd by Me client and cos done without the benefit of o rMe Report Surveyor has made no invesUgaVon or search for easements or other molten of record thot a Title Report would disclose and this survey does not represent a warranty of title or a guarontee of ownership. L Ted A L =setk do hereby state that Me above and foregoing surrey plat was preporod from o surrey mode on the ground, under my direction and supervision during mulGpla months of 2009 P.�E•OF fTF+9 o n �i •�F, t"� �S► 0 � TED A. GOSSET' T Ted A sse Gott '• 4 5991...... 991.Pv:•. N Registered Professional Land Surveyor State of Texas No. 5991 -Y,0 ess LAJ o FRONTIER SURVEYING COMPANY (L, sERn=: w+o surevEnNc O �7) 360 4500 vsw/�sfas C_,V) eei� Pltar�el» seo-�� 0D wools d Cop V O 2006 MM Q ftm —1 d ROBSON RANCH WATER RECLAMATION PLANT BLOCK 1, LOT 1 CABINET 'R, PAGE 365 P.R.D.C.T. (CURRENT OWNER: CITY OF DENTON DOCUMENT NO. 2007-29967 D.R.D.C.T.) APPROXIMATE SURVEY UNE C.M.-CONTROL MONUMENT LEGEND . P.O.C.-POINT OF COMMENCING P.R.D.C.T.-PLAT RECORDS OF DENTON COUNTY TEXAS O.RO.C.T.-DEED RECORDS OF DEMON COUNTY TEXAS 1".-IRON ROO FOUND ( )-INDICATES RECORD BEARINGS, DISTANCES AND MONUMENTS -*- FENCE ZW IYW PERIAMENT E4SEIA T GWISSM PlRa9i]4'/Y OF = QF LEN= fiOSSM PRAM WAM? RlE7x41 r4V PLANT C &%T P. PAW 30 P-jMr.T. T. & A RR SLILY, A8SIWT IMI Denton Count, Texas Completion Dote: 2/15/10 File Name: 0EN1DN CROSSING Scale: 1:60 Surveyed by. LE. Drown by. TJL Checked by: T.G.