HomeMy WebLinkAboutRES 041117-J - Encroach Westinghouse RdRESOLUTION NO. 041111-37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
MAIGNG CERTAIN DETERMINATIONS AND AUTHORIZING THE
PLANNING DIRECTOR TO EXECUTE A REVOCABLE LICENSE
AGREEMENT PERTAINING TO THE ENCROACHMENT OF A PIPELINE
INTO THE RIGHT OF WAY OF WESTINGHOUSE ROAD.
WHEREAS, the City of Georgetown (the City) owns real property which is the
right of way of Westinghouse Road; and
WHEREAS, the City has received a request to allow an encroachment into the right of way
of Westinghouse Road, approximately 1,417 feet east of FM 1460, to allow the construction of a
crude oil pipeline, utilizing an area described in the Exhibit "A", attached hereto (License Area);
and,
WHEREAS; this pipeline will be generally constructed to the size and specifications as
described in the attached Exhibit "A"; and,
WHEREAS, Enterprise Crude Pipeline, LLC, agrees to accept the terms of the revocable
license agreement as set forth in the City Code of Ordinances Section 12.09 and to reimburse the
City for costs incurred to process the request in accordance with State law requirements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
SECTION 2. The Planning Director is hereby authorized to execute a Revocable License
Agreement in substantially the same form attached hereto as Exhibit'B".
SECTION 3. This resolution shall be effective immediately upon adoption.
Resolution No. a `t 1 11, —r
Description: License t9 En oath, Enterprise @ Westinghouse Road
Date Approved:!i /I oL O 1 73 Page 1 of 2
RESOLVED this I I
CITY OF GEORGETOWN
dayof 2017.
By: C L ( 0
Dale Ross, Mayor
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No. O I I I r%" J
ATTEST:
J 0
Shelley Nowl' )City Secretary
Description: License to Enc oach, Enterprise @ Westinghouse Road
Date Approved: 4' 1 1 01 7'? Page 2 of 2
Exhibit "A"
PLAN ROAD R.O.W. WDTH = x40'
CLOSEST INTERSECTION
SCALE: HOR. 1"=20' 1,417 FEET WEST TO FM 1460
1+25 rL OF COUNTY ROAD 111
...........................................................................................................................................
1+14 EDGE OF ROAD 1+36 EDGE OF ROAD
....................................... ............ ...............................................NATURAL ..
GROUND
.................<........10' MIN.
825 ....... ................................ .......... :............................. 825
TOP OF
PIPE
820 ......................................... 820
815 815
PIPE oArA 0+00 1+00 2+00 2+50
CONTENT: CRUDE OIL PROFILE
CARDER PIPE: 24^ O.O. x 0.506^ W.T., SCALE: HOR. 1"=40'
API 5L x70. SMLS, ERW OR SAW W/14-22 MRs
FEE PLUS 30-40 MILS ARO COATING SCALE: VERTICAL 1"=10'
MOP. 1,480 PSG
MIN. TEST PRESSURE. 2,220 PSIG / SC O�
MIN. TEST PRESSURE: D BY ON 0 C"'fffy'l
UNE WLL BE IUIRMl N BY CSPECIA ZONAL
TORE PER REQUIREMENT OF 'SPECIAL 4p' •��
PROWSIONS, TROT U71D7Y PERMITS DATED If #j #,,I STATEIRICARDOF FOSTER..P.EEGISTEREO AN EM SDNALENGNORH THE
STATEOFERVICEP.E.C.,TX I AN EMPLOYEEOFNC NORTH ME
Noe /99• /•*•_•••••unuu..1.,.•A•A.# ENERGY S DESIGN
ANNC..T%FlRM NO.D PIPE TESTING F-1409, TIONSAVE OF THIS THE
1. HORMON0I mm -TEXAS COM w SYSTEM OF UTM E1111 NA083 I..•� fWTCR E HIGIT AND HAVE FOUND THEM ACCURATE AND SUITABLE FOR ME
DATLAA Toff 14, US MT'. QNMAL 1ERMAN 98' W. .....••......•••:.•.. PROPOSED PROJECT. I DO NOT ATTESTTOTHE ACCURACY.
2- ORIIDIIf118G MDQIIS BASED ON NNT_B5 AS Of1U•ID HIM[ EPS I 125399 COMPLETENESS, OR CORRECTNESS OF OTHER ASPECTS OF THE
0. EDL NOTE IILL BE AT THE EDGE DF IHE RDHT-OF-WAY W 300 WNL � •� � E%HIBR, INCLUDING BUT NOT MIRED TO. SURVEY. RIGHT -0F -WAY,
PIPE CaulmO 10 FEET 011 OTHER SDE , .y . f.•A PROPERTY OWNERSHIP DETERMINATION, AND LOCATION OF
4. Fk6HIp��fSN NIPS Alm �T �,���`(((���`•....E¶ FACT STHATARETHE RESPONSI&LffYOFOTHER
RIM 1-800415-1515 AI0 ALL GRIER U COMPANIES AT UE 2 /•/PyIE•
BISNCIS mn ROSSDD (1B 11ouNs1 PItXIi ro WtamunlaL � 1.'
S THE CIS OESILNFD AID 8XL WNSIRULRED Vlliil PART IAS
IN IIIIE K. WOE K FIDD1Al PEIIAA110NS A5 PRFSCIBEO W 1XE
DEPNDIENT OF TMNSIYMRATYXL sglne m
PROJECT: MIDLAND TO SEALY SEGMENT 4 • ENTERPRISE CRUDE
JOB NUMBER: 35735 EPIPELINE, LLC
DATE: 3/16 201724" MAIN PIPELINE ACROSS
sxFYrc NIA'1 nwrn eensu
SCALE: AS SHOWN COUNT( ROAD 11 1
ENTERPRISE CRUDE >iN EmI-788 .F. (2 Tx65247 317
TRACT ID: B232—TX—WM-012%.1 OS1O PIPELINE LLC Pk RfiI6Gf4688 Faz (3111611 -TIO]
f1DA,.,AI DV. 11 DI\ITYALD _ EAIAILSMI@SAM.BIZ WILLIAMSON COUNTY, TEXAS
Exhibit "B"
REVOCABLE LICENSE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
,$$qgr ri7y'Pl144/ali'il+3d:�i
This is a Revocable License Agreement by and between the City of Georgetown, a Texas
home -rule municipal corporation (hereinafter referred to as "LICENSOR"), and Enterorise Crude
Pipeline. LLC, a Texas Corporation, whose address is 1111 Louisiana Street, Attn: Land
Depar6nent-13.016. Houston, Texas 77002 (hereinafter referred to as "LICENSEE"). LICENSOR
hereby grants a license to the said LICENSEE to permit a petroleum products pipeline to cross
approximately forty (40) feet of public right-of-way, as shown on Exhibit "A" attached hereto and
incorporated herein by reference for all purposes (hereinafter referred to as Licensed Area), owned
and occupied by the City of Georgetown, Williamson County, Texas, but such improvements shall
at all tines not be in contact with any electric, water, sewer, or other utility, or equipment, or interfere
in anyway with such utility, improvements and other property, and subject to the following terms and
conditions:
Neither the granting of the license, nor any related permit, constitutes an abandonment by
LICENSOR of its property, easement or easements, or any other rights in and to the above-
described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of
this license that LICENSEE neither asserts nor claims any interest or right of any type or nature
whatsoever, legal, equitable or otherwise in or to LICENSOR's easement.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to
indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of
action, and cost, including attorneys' fees, and including any acts oromissions of the LICENSOR, its
officers, agents, and employees, which may grow out of or be attributable to the granting by the
LICENSOR of said license and any supplemental license which may hereafter be issued in
connection herewith including any inspections which may be conducted in connection with or
pursuant to said license or any supplemental license.
LICENSEE, at its own expense, shall restore or cause to be restored the subject property to
as good a condition as existed prior to construction of the improvements which are the subject of
this License Agreement LICENSEE shall pay all costs of relocation of any public utilities orfacilities
which may be incurred as a result of the proposed construction or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and
maintenance of said improvements, and specifically shall abide by Chapter 12.09 of the Code of
Ordinances.
A. If an inspection reveals that any part of the structure or facility or other aspect of the
Licensed Area does not comply with applicable terms and provisions of the City Code of
Ordinances, the owner of the structure or facility shall be notified and required to make such
repairs as are necessary in order to comply with the applicable terms and provisions of the
City Code of Ordinances. If any LICENSEE fails and refuses to allow the Director, or his
designee, to come upon orenter the Licensed Area forthe purpose of making an inspection,
he may be prosecuted underthe terms of Chapter 12.09 of the Code of Ordinances, and the
Director may revoke the revocable license for the Licensed Area, and such action shall be
final.
B. The City shall have the right at any and all times upon 180 days written notice to the
LICENSEE, its representatives, successors or assigns, to take possession of and use all or
any partof the Licensed Area in the event that such use be reasonably desired or needed by
the City for street, sewer, transportation or any other public or municipal use or purpose, and
in such event, the City shall have the right to cancel the revocable license as to that portion
of the Licensed Area so designated and required by the City.
C. The LICENSEE shall have the right at any time upon 180 days written notice to the City, to
relinquish the use and possession of all or any.part of the Licensed Area as it may so
determine and to cancel said revocable licenseasto that part so relinquished,
D. Upon the lawful termination of a revocable license issued hereunder, in whatsoever manner
such termination may be made, LICENSEE, assigns, successors and representatives, bind
and obligate themselves to restore the Licensed Area to the original condition as it existed
prior to any construction, or to fulfill any other reasonable conditions for the restoration of the
Licensed Area which may be acceptable to the City, and should the LICENSEE, assigns,
successors, or representatives fail or refuse to do so within 90 days after such termination
then in that event the City may do or have done the work necessary for such purpose at the
Enterprise at Westinghouse License Agreement - Page 1 of 4
sole cost, risk, liability and expense of LICENSEE, their assigns, successors and
representatives.
E. Upon written consent of the City, acting by and through the Director, the LICENSEE may,
at his sole cost, risk liability and expense including public liability and property damage
insurance in the amounts specked in Subsection 12.09.030 DA. of Code of Ordinances,
remove, reroute, reconstruct, lower or raise any existing utility lines, public orprivate sewer
lines, water lines, including storm sewers, pipes or conduits presently located within a public
street, roadway, sidewalk or easement or the City's right-of-way, provided that before
changing or interfering with any such utility lines as described aforesaid, the LICENSEE shall
notify the respective utility companies and the City, owning or operating the aforesaid utility
lines, concerning any and all changes, modifications, rerouting of or any interference
whatsoever with the aforesaid utility lines, pipes or conduits. Any necessary changes,
modifications, rerouting or interference with the aforesaid utility lines, pipes orconduils shall
be done under the direction of the representatives of the respective utility companies orthe
City, as the case may be.
F. After the completion of any construction within a Licensed Area under the terms of a
revocable license granted hereunder, should the City desire to lay orconstruct its utility lines,
including sewer lines, water lines, or any other pipes, or conduits under, across, or along
said streets within its right-of-way, any and all additional cost forthe laying orconstruction of
the aforesaid utility lines, including pipes and conduits, within said street or right-of-way,
which may occur by reason of the existence of said construction, shall be paid to the City by
the said LICENSEE, his assigns, successors and representatives.
G. Solely as between the City and the LICENSEE, and notforthe benefit of any other person,
the LICENSEE, by acceptance of such revocable license, hereby waives any claim he, or
any heirs, successors or assigns might have for damages for loss of lateral support to any
other improvements hereby contemplated which loss of lateral support might be occasioned
by any improvements which the City, its assigns, grantees, or licensees might install or
construct.
H. The LICENSEE, or his successors, assigns, or representatives, by the acceptance of such
revocable license, agree, obligate and bind himself or itself to indemnify and does hereby
indemnify and hold and save forever harmless solely the City, any of its agencies, and any
person, from all liability, cost or damage on account of LICENSEE's use, occupancy and
maintenance of any part of a public street, roadway, sidewalk or easement or the Citys right-
of-way and the structures and facilities therein, including byway of example, but not by way
of limitation, any buildings, piers, fences, pools, walls, patios, decks basements, etc.
constructed on the surface or the subsurface of any public street or right-of-way. This
indemnity shall continue in force and effect during the existence of any revocable licenses
issued under the provisions of this Chapter.
I. No transfer or assignment of any revocable license granted under the terms and provisions
of this Chapter shall be effective unless and until:
1. The LICENSEE has, in writing, advised the Director of the name and mailing address of
the transferee or assignee; and
2. The transferee or assignee has furnished the Director its written agreement to assume
and perform all of the duties, covenants and obligations of the revocable license;
and, thereupon, each provision of the revocable license shall be binding upon, and inure
to the benefit of, the transferee or assignee of the LICENSEE.
J. The breach or violation of any one of the terms, provisions, or conditions set forth in this
Chapter shall be sufficient to constitute grounds for the cancellation and forfeiture of the
revocable license granted under the authority of Chapter 12.09 of the Code of Ordinances.
Any such cancellation and forfeiture may be exercised upon 20 days written notice by the
Cilyto the LICENSEE, a representative or successor, unless, at the expiration of such time,
any such violation or breach has ceased or the LICENSEE is proceeding with all diligence
and good faith to remedy any such violation or breach and thereafter continues without delay
with such remedial work or correction until such violation or breach has been completely
remedied, and, any person violating any of the provisions of this Chaptermay be prosecuted
as provided in Chapter 12.09 of the Code of Ordinances.
If any person or the owner of land abutting a public street, roadway, sidewalk or easement or
the City's right-of-way reveals by his application for a building permit or other authorization of
the City that any new, remodeling or renovating construction is desired to be made within
any part of a public street, roadway, sidewalk or easement or the City's right-of-way, the
requested revocable license will be reviewed forcompliance with the terms and provisions of
Enterprise at Westinghouse License Agreement - Page 2 of 4
Chapter 12.09 of the Code of Ordinances, and in addition, be subject to the following
conditions:
K. The proposed use of a public street, roadway, sidewalk or easement or the City's right-of-
way by any person or the abutting land owner shall not interfere with the City's lawful use
thereof.
L. The proposed construction within a public street, roadway, sidewalk or easement or the
City's right-of-way shall be in accordance with the City's Construction Standards, Unified
Development Code, and any other applicable ordinances and regulations.
M. At all times during the construction and building of any structure within a public street,
roadway, sidewalk or easement or the City's right-of-way:
1. The street or highway shall be kept open for vehicular and pedestrian traffic in a
reasonable manner and no obstruction of the sidewalks shall be allowed in such a way
as to prevent the use thereof by pedestrians;
2. Dirt and other material removed from the building and construction of any such structure
within a public street, roadway, sidewalk or easement or the City's right-of-way shall not
be allowed to remain on the street or sidewalk, but all such dirt and other materials shall
be removed immediately at the sole cost, risk, liability and expense of LICENSEE;
3. All excavations and obstructions of any kind where allowed during the period of
LICENSEE's construction, shall be properly barricaded, and well illuminated during the
night time, all subject to the approval of the Building Official.
N. After the completion of the construction within a Licensed Area, the LICENSEE shall at his
own cost and expense replace any sidewalks and surface of any streets that were damaged
orremoved in the construction of anystructures orfacilities in a condition equally as good as
they were immediately prior to the time of excavation or construction, and all of such
sidewalks and streets shall be maintained in a good and useable condition forone yearafter
said sidewalks or streets have been replaced, all subject to the approval of the Director. All
damage, if any, to said sidewalks and streets caused by the construction, use, maintenance
and operation by LICENSEE shall be repaired by and at the cost and expense of the
LICENSEE. In the event LICENSEE fails or refuses to proceed with diligence with the
performance of any work in connection with the replacement, rebuilding or resurfacing of
streets and sidewalks within 30 days after receiving written notice from the Director, the City
may do such work or cause same to be done, all at the sole risk, cost, liability and expense
of LICENSEE.
O. The LICENSEE, or his successors, assigns or representatives agree, obligate and bind
himself or itself to indemnify and does hereby indemnify and hold and save forever harmless
the City, from all liability, cost or damage on account of the construction within a public
street, roadway, sidewalk or easement or the City's right-of-way, or on account of using,
occupying, preparing, maintaining and operating any such improvements therein.
This license shall expire automatically upon removal of the improvements located upon the
property pursuant to this license.
This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as.
indicated by the signature of LICENSEE and the approval thereof by the City.
The license shall be filed of record in the Official Records of Williamson County, Texas.
SIGNED and Agreed to on this _ day of , 20.
LICENSOR:
City of Georgetown
By:
Sofia Nelson, Director,
Planning Department"
APPROVED AS TO FORM:
, Assistant City Attorney
LICENSEE:
By:
Enterprise at Westinghouse License Agreement - Page 3 of 4
Name, Title -
Enterprise Crude Pipeline, LLC
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of
20_, by Sofia Nelson in her official capacity as Director of the Planning Department for the City of
Georgetown, a Texas home -rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF
This instrument was acknowledged before me on the _ day of
20_, by , as , in his/her official capacity as
on behalf of said corporation.
Notary Public, State of Texas
Enterprise at Westinghouse License Agreement - Page 4 of 4
[Exhibit "A" to Revocable License]
Exhibit "A" to the Revocable License is heretofore attached as Exhibit "A" to the foregoing Resolution
and will be attached accordingly to the original Revocable License prior to execution and recording.