HomeMy WebLinkAboutEncroachment AgreementSEMINOLE — Endevco Iola Lateral
LID # 14— Tract # BR -8 and BR -8.1 — (DB #1365)
STATE OF TEXAS
COUNTY OF BRAZOS
ENCROACHMENT AGREEMENT
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 Creek Meadows Partners, L.P. (hereinafter referred to as "LANDOWNER "),
whose address is 230 Southwest Parkway East, College Station, Texas, 77840, 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(s) covering a tract of land as described in the
following instrument:
That certain Grant of Easement from Vonnie Ray Vance dated December 29,
1981, and filed for record February 3, 1982 under Volume 508, Page 709 of
the Deed Records of Brazos County, Texas; and
That certain Grant of Easement from VRV Partners, a Texas general
partnership dated August 26, 1996 and filed for record September 20, 1996
under Volume 2690, Page 165 in County Clerk's office of Brazos County,
Texas; and
That certain Supplemental Right -of -Way Easement from VRV Partners, a
general partnership dated January 6, 1997 and filed for record January 7,
1997 under County Clerk's File No. 621152 of Brazos County, Texas;
(hereinafter collectively referred to as "Easement "); and
WHEREAS, LANDOWNER has represented to COMPANY that it owns certain tracts of land
located in Brazos County, Texas and more particularly described as follows:
Being two tracts of and aggregating 267.043 acres of land, more or less, and
being situated in the Jesse Bledsoe Survey, A -71 and the Samuel Davidson
League, A -13, Brazos County, Texas, and being further described as Tracts
One & Two in that certain Special Warranty Deed with Vendor's Lien from
VRV Partners to Creek Meadows Partners, L.P. dated December 15, 2005
and filed for record December 19, 2005 under Document No. 00912189,
Volume 7068, Page 220 of the Official Public Records of Brazos County,
Texas; and
WHEREAS, LANDOWNER desires to construct one (1) two -lane six -inch (6 ") thick
concrete driveway over and across COMPANY'S Pipeline(s) and one (1) eighteen -inch (18 ")
RCP storm sewer culvert paralleling the COMPANY'S Pipeline(s), all of which will encroach
on the Easement (hereinafter collectively 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
following terms and conditions:
1. 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 (800) 344 -8377.
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 liability under this Agreement. The following language must be
conspicuously displayed on all drawings depicting the Pipeline(s):
WARNING!
HIGH PRESSURE PIPELINE(S)
Excavation and /or Construction Prohibited without Prior Written Permission From
Seminole Pipeline Company
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 Pipeline(s), and the buckets must
have barred teeth. Any excavation within two feet (2') of COMPANY'S Pipeline(s) will
be done by hand. Bores and directional drills 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
Pipeline(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 and a maximum of eight feet (8') of cover must be maintained over
COMPANY'S Pipeline(s).
3. Paved Driveway Surface(s): LANDOWNER will maintain a minimum of four and one -
half feet (4.5') of cover between the top of COMPANY'S Pipeline(s) and the top of the
one (1) two -lane driveway surface(s).
Creek Meadows S/D — Road Xing — College Station Page 2 of 6
4. Culvert: LANDOWNER will maintain a minimum of ten feet (10') of horizontal
clearance and a minimum of two feet (2') of vertical clearance between the
COMPANY'S Pipeline(s) and the one (1) eighteen -inch RCP storm sewer culvert.
5. Wherever LANDOWNER will cross COMPANY'S Pipeline(s) 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.
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 thirty -six inches (36 "). Fences, utility poles, light poles, buildings,
houses, barns, garages, patios, swimming pools, additional reinforced concrete slabs,
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
Pipeline(s) /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 Toss of property, real or personal, environmental damages, or other
business losses, including those made or incurred by COMPANY of its parent 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
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
Pipeline(s).
Creek Meadows S/D — Road Xing — College Station Page 3 of 6
below.
11. 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.
12. 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) two -lane six -inch (6 ") thick
concrete driveway over and across COMPANY'S Pipeline(s) and the one (1)
eighteen -inch (18 ") RCP storm sewer culvert paralleling COMPANY'S Pipeline(s),
and all future encroachments require COMPANY'S review and consent.
13. 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.
14. 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
(COMPANY)
SEMINOLE PIPELINE COMPANY
By:
Date: 11 2_5 -f I
(LANDOWNER)
CREEK ME OWS P RTNERS, L.P.
By: /ly
Name:
fOL-
Kyle L. Webster
Agent and Attorney -in -Fact
al &km,
Title: /
Creek Meadows S/D — Road Xing — College Station Page 4 of 6
Date: N al/twirl f /II 3 J
Creek Meadows S/D — Road Xing — College Station Page 5 of 6
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on this " 1-5 64N day of jAgej , 2009
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.
(seal)
My Commission Expires: `1(L
STATE OF - kW
COUNTY OF 6rAlo+
This instrum nt was acknowledged before me on this /'1 day of NGyUh' hP1 , 2009
by I'M &kW for Creek
Meadows Partners, L.P., on behalf of said limited partnership.
�:R!:; , ZAHRA YOUSSEFI
(si Notary Public, State of Texas
My Commission Expires
February 10, 2013
My Commission Expires: Ff t'rorvA l /(/
Prepared By /Return To:
EPCO, Inc.
c/o R. E. Curry - Land Department
P.O. Box 4324
Houston, Texas 77210 -4324
Notary Public
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