HomeMy WebLinkAboutEncroachment AgreementSEMINOLE—Endevoo Iola Lateral
LID M 14—Traot XBR43 (DBR3842)
ENCROACHMENTAGREEMENT
STATE OF TEXAS §
COUNTY OF BRAZOS §
This Encroachment Agreement ("Agreement") is made and entered into by and
between Seminole Pipeline Company, a Delaware corporation (hereinafter referred to as
"COMPANY"), whose address is c/o Land Department, P.O. Box 4324, Houston, Texas
77210-4324, and Chick-Fil-A, Inc., a Georgia corporation (hereinafter referred to as
"LANDOWNER"), whose address Is 5200 Buffington Road, Atlanta, Georgia, 30349, the
Grantee.
WITNESSETH:
WHEREAS, COMPANY is the owner of a certain pipeline and appurtenances
(hereinafter referred to as "Facilities" or "Pipeline") and the right to future Facilities by virtue
of a Right of Way and Easement document covering a tract of land as described in the
following instrument:
That certain Grant of Easement from John Emory Marsh, Jr., Robert E.
Reeves, Marsha R. Duemke, and Louise Marsh Reeves, Individually and as
Trustee to Seminole Pipeline Company dated October 15, 1986 and recorded
November 7, 1986 in Volume 929, Page 419 of the Official Public Records of
Brazos County, Texas, (hereinafter referred to as "Easement"); and
WHEREAS, LANDOWNER has represented to COMPANY that it owns a certain tract
of land located in Brazos County, Texas and more particularly described as follows:
Lot 7, Block 1 and Lot 8, Block 1 of Spring Creek Commons Phase 4 and 5,
Recorded in Volume 9287, Page 128 of the Official Public Records of Brazos
County Texas, described in that certain Special Warranty Deed to Chick-Fil-A,
Inc., a Georgia corporation dated May 12, 2011 and recorded May 16, 2011 in
Volume 10158, Page 111 of the Official Public Records of Brazos County,
Texas;and
WHEREAS, LANDOWNER desires to construct one (1) five and one half inches (5
1/2") thick reinforced concrete parking lot, one (1) concrete curb gutter and one (1) monument
sign (per the plans dated January 13, 2011) COMPANY'S Pipeline(s), which will encroach on
the Easement (hereinafter referred to as "Encroachment'); and
WHEREAS, COMPANY and LANDOWNER agree that the existence of the
Encroachment: (a) conflicts with the purpose and character of the Easement; and (b)
interferes with and obstructs COMPANY'S rights, obligations, and abilities to operate,
maintain, replace, and access the Pipeline(s); and
WHEREAS, LANDOWNER desires to obtain COMPANY'S consent to encroach on
the Easement and Pipeline; and
WHEREAS, COMPANY, under the terms hereinafter stated, is willing to permit the
Encroachment.
NOW, THEREFORE, In consideration of the promises and mutual covenants herein
contained, COMPANY hereby agrees to accommodate the Encroachment subject to the
fallowing terms and conditions:
Construction Parameters: Construction activity of any kind, including, but not limited
to, equipment movement, materials storage, boring, and digging that take place within
the Easement will require 48 hours prior notice to Texas One -Call at 811. A
COMPANY representative must be present during any of the aforementioned
construction activities. The presence of COMPANY'S representative will not relieve
LANDOWNER of any liabilit"rider this Agreement. The following language must be
conspicuously displayed on all drawings depicting the Pipeline(s):
WARNING!
HIGH PRESSURE PIPELINE($)
Excavation and/or Construction Prohibited without Prior Written Permission From
Enterprise Operating Company LLC
2. Construction Parameters (continued): No equipment will be allowed to work over
COMPANY'S Pipeline(s), unless approved by COMPANY'S representative.
Excavators must work/dig parallel to COMPANY'S Pipelines) and mechanical
equipment must have teeth removed or barred with a welded plate when working
over COMPANY'S pipeline. No vibratory compaction, walk -behind vibratory
roller/compactor is allowed within the COMPANY'S right-of-way. Any excavation
within two feet (2') of COMPANY'S Pipelines) will be done by hand. Open cuts
installed within ten feet (10') of COMPANY'S Pipeline(s) and Facilities require
physical verification of Pipeline location(s) prior to commencement of any work. All
crossings of COMPANY'S Pipellne(s) will be constructed as close to ninety (90)
degrees as possible to COMPANY'S Pipeline(s), but not less than forty-five (45)
degrees. A minimum of four feet (4) of cover must be maintained over COMPANY'S
Pipeline(s).
3. Parking Lots: LANDOWNER will maintain a minimum of five -feet (6) of cover
between the top of COMPANY'S Pipeline(s) and the top of the reinforced concrete
pavement.
4. Wherever LANDOWNER will cross COMPANY'S Pipelines) and/or Easement with
heavy equipment, LANDOWNER will place matting or other suitable material over the
Pipeline(s)/Easement as determined by COMPANY'S representative in the field.
5. When installing and/or constructing slit fence T-Posts, LANDOWNER will maintain a
minimum of five feet (5') of clearance from the centerline of COMPANY'S Pipeline.
6. Excavated material will not be placed over COMPANY'S Pipeline(s). LANDOWNER
agrees to clean up and repair all damages to COMPANY'S Easement resulting from
the work on or across COMPANY'S Easement. Any. and all damage repairs and
cleanup of COMPANY'S Easement will be subject to COMPANY'S acceptance.
7. Large landscaping is not permitted on COMPANY'S Easement, including, but not
limited to, trees, shrubs, and large landscaping with a mature untrimmed height
greater than eighteen inches (16'). Fences, utility poles, light poles, buildings,
houses, barns, garages, patios, swimming pools, or other permanent structures are
not permitted on COMPANY'S Easement.
8. Within 120 days of the completion of construction of the crossing of COMPANY'S
Pipelines)/Easement, LANDOWNER will provide to COMPANY at the above address
a reproducible as -built drawing of the crossing, which will include a distance of
twenty-five feet (25') on each side of said crossing along with the depiction of
elevations.
9. LANDOWNER will indemnify, save, hold harmless, and at COMPANY'S option,
defend COMPANY, Its parent and affiliated companies and their directors, officers,
employees, and agents of each such company from any and all claims, demands,
costs (including without limitation reasonable attorneys' and expert witnesses' fees
and court costs), expenses, losses, causes of action (whether at law or in equity),
fines, civil penalties, and administrative proceedings for injury or death to persons or
damage or loss of property, real or personal, environmental damages, or other
business losses, including those made or Incurred by COMPANY of itsparent or
affiliated companies and their directors, officers, employees, and agents of each such
company, or third parties, or governmental agencies in any way arising from or
connected with the existence, construction, operation, maintenance, relocation, or
Chick-fl-a Proleci-S. college Station (DBB3942) Page 2.of 4
removal of the Encroachment, except those arising from COMPANY'S sole
negligence.
10. In the event that the existence, construction, operation, maintenance, relocation, or
removal of the Encroachment causes COMPANY to Incur any cost that in any manner
relates to COMPANY'S operation, maintenance, removal, repair, replacement,
protection, construction, alteration, relocation, changing the size of, addition to and/or
inspection of the Pipeline(s), or the cleanup or handling of any spills of petroleum
products, LANDOWNER, its successors or assigns, agrees to reimburse COMPANY
for any and all such costs that would not have been incurred but for the existence of
the Encroachment. LANDOWNER hereby agrees that COMPANY will not be held
liable for any damages to the Encroachment arising from COMPANY'S operation,
maintenance, removal, repair, replacement, protection, construction, alteration,
relocation,changing the size of, addition to and/or Inspection of the Plpeline(s).
11. LANDOWNER will be responsible for all future damage to concrete parking lot and
appurtenances, concrete curb, gutter and monument sign within the pipeline
easement in the event that COMPANY or its designee must access the pipeline and/
or associated right-of-way to perform routine or emergency maintenance.
12. COMPANY and LANDOWNER agree that the existence of the Encroachment does
not constitute a waiver of COMPANY'S express rights under the aforesaid Easement
or any other rights which may be implied by law or equity.
13. Except as herein provided, LANDOWNER will not at any time erect, construct, or
create any additional buildings, improvements, structures, or obstructions of any kind,
including, but not limited to, fences, water wells, and septic systems either on, above,
or below the surface of the Easement, or change the grade thereof, or cause or
permit these things to be done by others, without the express prior written permission
of COMPANY. This Agreement is limited to the one (1) five and one half inches (5
Yz") thick reinforced concrete parking lot, one (1) concrete curb gutter and one (1)
monument sign (per the plans dated January 13, 2011) and all future encroachments
require COMPANY'S review and consent.
14. In the event that LANDOWNER breaches any of the terms, covenants, or provisions
of this Agreement, and COMPANY commences litigation to enforce any provisions of
this Agreement and prevails, the cost of attorneys' fees and the attendant expenses
will be payable to COMPANY by LANDOWNER upon demand.
15. The terms and conditions of this Agreement will constitute covenants running with the
land and will be binding upon and inure to the benefits of the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands on the day and year
below.
(COMPANY) (LANDOWNER)
SEMINOLE ffIPELINEPOPANY Chick-Fil-A} Inc.
fin; (.
BY:
,.ty A,IIt, ey`/vi
Kyle L. Webster Nal e; I " "' X 2, 4
Agent and Attorney -in -Fact
t
Date: (� "2- (/ Date: 0 1,1] , D„
(
Name: �) ,1 t.i.
Title:
Date:
ChlckAba Project-S. College Station (Dak3942) Page 3 of 4
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF HARRIS
This Instrument was acknowledged before me on this ' o day of , 2011
by Kyle L. Webster, Agent and Attorney -In -Fact for Seminole Pipeline Company, on behalf of
said corporation, as authorized by Its Board of Directors.
1EMA LYNN SIEN
' te � Nona ry Public. Slaof Texas
seal �! r'ijtdv Commiss,un Expiias
,�„ ,, _ lunuay 1L 2014
My Commission Expires:
STATE OF C , w,,,,, ,-,, §
Notary Public
COUNTY OF r 1\ Ne §
This instrument was acknowledged before me on this �'t day of .): � r, e_ 2011
by `So4„.,y. sl,c\e.,V.o,� for Chick-Fil-A, Inc., on behalf of said
11
corporation.
Notary Public
-) J ,: I % I
STATE OF 6 e b < §
COUNTY OF
This Instrument was acknowledged before me on this ,� day of " i i,�e- 2011
by �o+emu tls: h'a =_ for Chick-Fil-A, Inc., on behalf of said
corporation. j
.....,r..,.,
EXPIRES 4'1�' Notary Public
GE
}Y?6�f1M % I
M lob Expires:
Prepared By/Return To:
Enterprise Products Operating LLC
cJo R. Jackson — Land Department
P.O. Box 4324
Houston, Texas 772104324
Chick -files Project-S. College Slallon (DBW3942)
Page 4 of
10-13-11 ROBERT-JAMES & ASSOCIATES, Inc. Sht.1 of 4
12255 West 187th Street
Mokena, Blinois 60448
(708) 479-8385
File: ClaytonSgns028.mcd
Site: Chick-Fil-A
Spring Creek Commons on SH 6 S
College Station, Texas 77845
Sign Type: 4'-0" OAH direct bury twin poles for a 3'-0" x 12'-0" combination ID / manual readerboard sign with
lower pole cladding with augered footings. The twin pole centers are off -set 3'-2" from cabinet center.
Drawing No. 1110073 rev. A
Design wind load based on the 2009International Building Code using Exposure C and 100 mph winds.
Design Wind Speed: ( mph.) V := 100.0
Importance Factor: 1:= 1.00 Based on Category B, Non -Hurricane Prone Regions with V = 85-100 mph.
Velocity Pressure Coefficent at a Height of Less Than 15', Exposure C : Kz := 0.85
Topographic Factor : Kzt := 1.00 Based on 6.5.7.2
Wind Directionality Factor : Kd:= 0.95 Based on Table 6-4
Velocity Pressure: (PSF) qz:= 0.00256•Kz•Kzt•Kd• V2• I qz = 20.672
Force Coefficent : Cf := 1.80 Based on Figure 6-20
Gust Effect Factor: G := 0.85 Taken from 6.5.8.1 for Rigid Structures
Design Pressure : (PSF) F := gz•Cf •G F = 31.628 Use: WL := 31.7
Reference : Manual of Steel Construction, AISC 13th Edition.
Pipe: ASTM A-252 Gr. 3 Fy = 42.0 ksi. ; Fb = 27.72 ksi. ; Fv = 16.80 ksi.
Reference : American Concrete Institute, Code 318.05
Rebar : ASTM A-615 Grade 60 Fy = 60.0 ksi.
Concrete : 3,000 psi. compressive strength at 28 days.
Design Loads at Grade:
Wind Load:
ID / Readerboard Sign : IDRdrbrdSgn := (3.0-12.0• W/L). 20 I + 1.0� IDRdrbrdSgn = 2853 ft.lbs.
Lower Pole Cladding: LwrPoleCld = (1.0.4.0• WQ. 12 —0)\ L/wrPoleeCld = 63.4 ft.lbs.
Moment: ( ft.lbs. ) MtWL := IDRdrbrdSgn + LwrPoleCld MtWL = 2916.4
Shear; (lbs.) ShrWL := (3.0.12.0• WL) + (1.0.4.0• WL) ShrWL = 1268
Offset Wind Load:
Shear: (lbs.) ShrOSWL:=(3.0.6.33-WL) ShrOSWL=601.983
Moment: (ft.lbs.) MtOSWL := ShrOSWL•I 16.33) + 2.83] MtOSWL = 3608.888
L\ 2
F-1Zo3L
iO-13-11 ROBERT-JAMES & ASSOCIATES, Inc.
Sht. 2 of 4
Offset Dead Load:
Shear: ( lbs. ) ShrOSDL := (3.0.6.33.10.5) ShrOSDL = 199.395
Moment: ( ft.lbs.) MtOSDL := ShrOSDL•F(6.33+ 2.83] MtOSDL = 1195.373
2 )
Combined:
Moment: (ft.lbs.) MtGrd := MtWL + MtOSDL MtGrd = 4111.773
Shear: (lbs.) ShrGrd := ShrWL + ShrOSDL ShrGrd = 1467.395
Design of Pole Structures at Grade
Pipe: 4" Dia. x 0.226" wall - Dia: (in.) Dia := 4.0
(3-1/2" Sch. 40) Dia
Radius: (in.) r :_ — r = 2
2
Area : ( in.2) A := 2.68
Section Modulus : ( in 3 ) SM = 2.39
Torsional Stiffness Constant: ( in.4 ) J := 9.58
Moment per Pole : (ft.lbs.) MtPoleGrd := MtGrd MtPoleGrd = 2055.887
2
Bending Stress: (psi.) fb := MtPoleGrd- 12f6 = 10322.443
SM
Shear per Pole : ( lbs.) ShrPoleGrd := ShrGrd ShrPoleGrd = 733.697
2
Shear Stress: (psi,) fv := ShrPoleGrdfv = 273.768
A
Torsional Stress: ( psi.) ft . (MtOSWL• 12)•r ft = 4520.528
J•2
Combined Shear Stress : ( psi. ) fvComb = (fv + ft)2 + ft2 fvComb = 6589.419
<
Unity Check - Poles : UCPoles :_ Comb — + UCPoles = 0.843 1.00
27720 14000
Design of Augered Footings
Overturning Moment per Caisson: ( ft.lbs.) Ma := MtPoleGrd Ma = 2055.887
Shear per Caisson : ( lbs. ) Va := ShrPoleGrd Va = 733.697
Applied Lateral Force : ( lbs.) P := Va P = 733.697
Allowable Lateral Soil Pressure : ( lbs.1V per ft.) LP := 250
Diameter of Footing : ( ft. ) b l := 2.0
OK
16-13-11 ROBERT-JAMES & ASSOCIATES, Inc.
Sht. 3 of 4
Distance in Feet From Ground Surface h := Ma h = 2.802
to Point of Application of "P" Va
Depth of Footing Below Grade: ( ft.) dl := 4.0
Allowable Lateral Soil Bearing Pressure Pursuant Sl := dl • (LP• 1.33)3 Sl = 443.333
to the 20091nternational Building Code Section
1805.7 and Table 1804.2
P A = 1.936
SI•bl 1
d2 := 2 �•[1 + 1 + 4.36• A/� d2 = 3.586 dl = 4
Check Tensile Stress in Footing:
Overturning Moment About Heel Point: (ft.lbs.) Mh = Ma + (Va. dl)
Treat as a cantilever at bottom.
Compressive Strength of Concrete : ( psi. )
Yield Strength of Rebar : ( psi. )
Section Modulus of Footing: (in?) Sw :_ rc•(bl• 12)3
32
r(Mh 12)l
Tensile Stress in Concrete : (psi.) ft := L J
Sw
Allowable Concrete Stress : ( psi.) �Ft := 0.65•(5 •,[f-c)
Check for Temperature and Shrinkage Steel in Caisson:
Moment for USD Design: Mu := 1.7•Mh
Mh = 4990.677
fc := 3000
fy:= 60000
Sw = 1357.168
ft = 44.127
OK
u Ft = 178.01 > ft = 44.127
REBAR NOT REQUIRED FOR STRESS
d:= [(bl•12)•.80]-r(bl•12)25.5621
To Plot for " ju " :
coeff Mu- 12 coeff = 0.014
fc•bl•12•d2
Use yield strength of direct bury pipe to check.
Yield Strength of Pipe: ( psi. )
Required Area: (in?)
As := Mu. 12
ju•fyd•0.90
Reinforcement Requirment :
As = 0.325 < PipeArea 2.68
No rebar required with the direct bury pipe
Mu = 8484.15
d = 9.981
ju:= 0.83
fy:= 42000
As = 0.325
19-13-11 ROBERT-JAMES & ASSOCIATES, Inc. Sht. 4 of 4
I n•b12•dll I ic•0.332•(dl — 0.25)�
Quantity of Concrete : (yds.3) CY :— I\ /I L CY = 0.454 Each
4.27 4.27
Note : Keep bottom of pipes 3" from bottom of footing to create concrete cover for water exclusion.