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Home My WebLink AboutRight of Way Easement Agreement Letter - Exxon Company USA - MARY ANN DR 1 , • • E&ON COMPANY, U.S.A. POST OFFICE BOX 2180•HOUSTON,TEXAS 77001 PRODUCTION DEPARTMENT EAST TEXAS DIVISION MANAGER IBER.JR. July 17, 1978 R/W Files 25412 and 25414 City of Friendswood 109 Willowick Friendswood, TX 77546 Attention: Mr. James C. Morgan City Manager Gentlemen: Your letter dated April 5, 1978, advised of your plans to construct a 15-inch sanitary sewer line beginning at the west corner of Lot 4, Block 3, Annalea Subdivision, in the City of Friendswood, Texas, and extending to FM 518 which is an estimated 600 feet. The proposed sewer line will be constructed within Exxon Corporation's defined 40-foot-wide unobstructed right of way and easement, and you have asked for a 15-foot-wide easement within the existing right of way. You are advised that Exxon Corporation is presently maintaining and operating its Hastings to Clear Lake 20-inch gas pipeline within its 40-foot-wide right of way and easement which was created by instrument dated December 17, 1962, jointly executed by Cane Corporation and Humble Oil & Refining Company and recorded in Volume 1563, Pages 72-76 of the Deed Records of Galveston County, Texas. You have requested our permission to construct your sanitary sewer line within Exxon's 40-foot-wide right of way and easement and have asked for a 15-foot-wide ease- ment, same being located parallel and along the north line of the said 40-foot- wide right of way, insofar as our interests are concerned. The location of the requested 15-foot-wide right of way and the centerline of the 15-inch sanitary sewer line therein is the base line as shown on Plat STA-5825 marked Exhibit "A" attached hereto and made a part hereof. When accepted by you in the manner provided, this letter will evidence our permission insofar as our interests are concerned for the construction, use, and maintenance of your 15-inch sanitary sewer line. Our permission is conditioned upon your acceptance of the following terms and conditions as consideration for the permission herein granted: 1 . You agree to indemnify and hold Exxon Corporation harmless from any or all claims or liabilities for loss or damage to property or personal injury or death that may arise from or be caused by the construction, use, and main- tenance of your 15-inch sanitary sewer line by you, your tenants, contractor or sub-contractors and/or their employees under the terms of this agreement. A DIVISION OF EXXON CORPORATION City of Friendswood Attn: Mr. James C. Morgan Page 2 July 17, 1978 2. Exxon's representative, Mr. Howard Moseley, must be notifed seven days prior to the beginning of the work. He can be reached by phone at 680-5072. 3. Exxon reserves the right to have a construction superintendent on the site at all times during the construction who will have the authority to require any reasonable precautions be taken to protect Exxon's line. The City of Friendswood will reimburse Exxon for the salary of this representative during the time that he is on the site. 4. You agree that prior to the initiation of excavation operations the City shall install interlocking steel sheet piling between Exxon' s line and the proposed location of the City' s sewer line. This piling shall be installed no closer than five feet from Exxon's pipeline, shall be driven to a mini- mum depth of 30 feet below ground, and shall protrude a minimum of 2 feet above the surface of the ground. Further, no equipment or spoil shall be placed on or work performed over the remaining portion of the right of way. 5. You agree to reimburse Exxon for the cost to survey and place the stakes for the location of the sheet steel piling. 6. Upon the initiation of ditching operations, the City shall proceed in a diligent and speedy manner to complete the ditching line installation, back- filling operation, and piling extraction. 7. Backfilling operations shall be conducted in such a manner as to insure that no sloughing of the backfilling occurs when the sheet piling is removed and to insure that the position of Exxon's pipeline is not altered. 8. The pile driving, excavation, backfilling, and pile extraction operations must be approved by Exxon's construction superintendent. 9. You agree to pay for all damages to Exxon's pipeline including loss of gas and loss of service which is caused by your construction, use, and mainte- nance of your 15-inch sanitary sewer line within Exxon's right of way. If the foregoing accurately sets forth your understanding of our agreement, please indicate your acceptance by signing the duplicate originals of this letter in the ti • City of Friendswood Attn: Mr. James C. Morgan Page 3 July 17, 1978 space provided below and returning one original to Exxon Corporation, Attention: Mr. Waldo V. Hill , Jr. , P. 0. Box 2180, 4550 Dacoma, Room 483, Houston, TX 77001 . Yours very truly, EXXON CORPORATION Form Approved By.-Cco c By - Agent and Attorney in Fact WVHjr:pc Attachment ACCEPTED AND AGREED TO THIS DAY OF , 1978. CITY OF FRIENDSWOOD By Title • 3, 5 1 8 N39°30'06��E M RD• 1 ...: 38.39' F '. r , P / r I &: f CO 5 \ I /. PERRY & AUSTIN4 1 0 L P _, m. \ \�I \ 33 I � D P Jo/— G \ D=- 40' �o z?0 \ coto J 3 \ Z A v to tOF40 \ KD ,A \ FOOT-WIDE `, — EXXON CORP.\ < �, LEGEND EASEMENT \ m \ VOL. I563,P.72 15-FOOT-WIDE \ PROPOSED EASEMENT \ \ ----5 ?' A , /S, BASE LINE OF , : 15-FOOT- WIDE ` PROPOSED EASEMENT k Place of Beginning "A". N45°0000"E .�' EXHIBIT 47.10' Map Ref STC 2402 8 Anna lea S/D Plat Sec. I PROPOSED 15-FOOT-WIDE CITY OF FRIENDSWOOD EXXON CORPORATION SEWER EASEMENT ACROSS EXXON CORPORATION PRODUCTION DEPARTMENT 40-FOOT-WIDE EASEMENT EAST TEXAS DIVISION HASTINGS FIELD GALVESTON COUNTY, TEXAS HOUSTON, TEXAS DRAWN J.G.K. ENGR.SECTION CIVIL REVISED SCALE I": 60 JOB NO. FILE NO. CHECKED ••••.."*'\--. APPROVED DATE 6 23 78 S TA 5825 i • r, -) E��O 1 COVPANY, U.S.A. ,{' , POST OFFICE BOX 2180•HOUSTON,TEXAS 77001 PRODUCTION DEPARTMENT EAST TEXAS DIVISION R C VANBIBER JR July 17, 1978 MANAGER R/W Files 25412 and 25414 City of Friendswood 109 Willowick Friendswood, TX 77546 Attention: Mr. James C. Morgan City Manager Gentlemen: Your letter dated April 5, 1978, advised of your plans to construct a 15-inch sanitary sewer line beginning at the west corner of Lot 4, Block 3, Annalea Subdivision, in the City of Friendswood, Texas , and extending to FM 518 which is an estimated 600 feet. The proposed sewer line will be constructed within Exxon Corporation's defined 40-foot-wide unobstructed right of way and easement, and you have asked for a 15-foot-wide easement within the existing right of way. You are advised that Exxon Corporation is presently maintaining and operating its Hastings to Clear Lake 20-inch gas pipeline within its 40-foot-wide right of way and easement which was created by instrument dated December 17, 1962, jointly executed by Cane Corporation and Humble Oil & Refining Company and recorded in Volume 1563, Pages 72-76 of the Deed Records of Galveston County, Texas. You have requested our permission to construct your sanitary sewer line within Exxon's 40-foot-wide right of way and easement and have asked for a 15-foot-wide ease- ment, same being located parallel and along the north line of the said 40-foot- wide right of way, insofar as our interests are concerned. The location of the requested 15-foot-wide right of way and the centerline of the 15-inch sanitary sewer line therein is the base line as shown on Plat STA-5825 marked Exhibit "A" attached hereto and made a part hereof. When accepted by you in the manner provided, this letter will evidence our permission insofar as our interests are concerned for the construction, use, and maintenance of your 15-inch sanitary sewer line. Our permission is conditioned upon your acceptance of the following terms and conditions as consideration for the permission herein granted: 1 . You agree to indemnify and hold Exxon Corporation harmless from any or all claims or liabilities for loss or damage to property or personal injury or death that may arise from or be caused by the construction, use, and main- tenance of your 15-inch sanitary sewer line by you, your tenants , contractor or sub-contractors and/or their employees under the terms of this agreement. A DIVISION OF EXXON CORPORATION • City of Friendswood Attn: Mr. James C. Morgan Page 2 July 17, 1978 2. Exxon's representative, Mr. Howard Moseley, must be notifed seven days prior to the beginning of the work. He can be reached by phone at 680-5072. 3. Exxon reserves the right to have a construction superintendent on the site at all times during the construction who will have the authority to require any reasonable precautions be taken to protect Exxon's line. The City of Friendswood will reimburse Exxon for the salary of this representative during the time that he is on the site. 4. You agree that prior to the initiation of excavation operations the City shall install interlocking steel sheet piling between Exxon line and the proposed location of the City' s sewer line. This piling shall be installed no closer than five feet from Exxon' s pipeline, shall be driven to a mini- mum depth of 30 feet below ground, and shall protrude a minimum of 2 feet above the surface of the ground. Further, no equipment or spoil shall be placed on or work performed over the remaining portion of the right of way. 5. You agree to reimburse Exxon for the cost to survey and place the stakes for the location of the sheet steel piling. 6. Upon the initiation of ditching operations, the City shall proceed in a diligent and speedy manner to complete the ditching line installation, back- filling operation, and piling extraction. 7. Backfilling operations shall be conducted in such a manner as to insure that no sloughing of the backfilling occurs when the sheet piling is removed and to insure that the position of Exxon' s pipeline is not altered. 8. The pile driving, excavation, backfilling, and pile extraction operations must be approved by Exxon' s construction superintendent. 9. You agree to pay for all damages to Exxon' s pipeline including loss of gas and loss of service which is caused by your construction, use, and mainte- nance of your 15-inch sanitary sewer line within Exxon' s right of way. If the foregoing accurately sets forth your understanding of our agreement, please indicate your acceptance by signing the duplicate originals of this letter in the j • City of Friendswood Attn: Mr. James C. Morgan Page 3 July 17, 1978 space provided below and returning one original to Exxon Corporation, Attention: Mr. Waldo V. Hill , Jr. , P. 0, Box 2180, 4550 Dacoma, Room 483, Houston, TX 77001 . Yours very truly, Form Approved EXXON CORPORATION G ew By '�-c- Agent and Attorney in Fact WVHjr:pc Attachment ACCEPTED AND AGREED TO THIS DAY OF , 1978. CITY OF FRIENDSWOOD By Title 31 5 N3 Rp. �8 t f,. 38096 E F M j , , v._ - --- -- - - 2i 5 � 1 PERRY & AUSTIN ; / / A - 20 i i 32 = V ✓ O ' ® `, f P ` aD F, 33 M h / 4 \ \ OO — 4r \ -- D o q0' a G '\ z v ?D o ` \ Z \ / 3a _ co _ itOF40- Do , FOOT-WIDE \ _ \ • EXXON CORP.\ < \, LEGEND EASEMENT \ r^ \ VOL. I563 P.72 ` 15-FOOT-WIDE \ \ PROPOSED EASEMENT .— /' A ,-- \, __-- ' \ / BASE LINE OF 15-FOOT- WIDE • PROPOSED EASEMENT Place of T ' Beginning / ' nib ,_�. T"' 66 99 N4 47.10 `/ 0 11 ,11 L,iLi A ).5a MOD Ref. STC 2402 9 Annolea S/D Plot Sec. I PROPOSED 15-FOOT-WIDE CITY OF FRIENDSWOOD EXXON CORPORATION SEWER EASEMENT ACROSS EXXON CORPORATION PRODUCTION DEPARTMENT 40-FOOT-WIDE EASEMENT EAST TEXAS DIVISION HASTINGS FIELD GALVESTON COUNTY, TEXAS HousTON, TEXAS DRAWN J.G.K. ENGR.SECTION CI V I L REV'3ED SCALE I": 60' JOB NO. FILE NO. ^FHECKED '--'� ,- APPROVED _ jDATEi37B $TQ 5825 • i REPUBLIC NATIONAL BANK OF DALLAS P. 0 Box 241 Dallas, Texas 75221 TRUST DEPARTMENT JAMES K.SMEDLEY ASSISTANT VICE PRESIDENT AND TRUST OFFICER June 30, 1978 Mr. John F. Olson Olson & Olson One Allen Center Suite 1645 Houston, TX 77002 RE: Jones Trusts Groves Estate Utility Easement City of Friendswood Dear Mr. Olson: As promised, I am enclosing two executed easement agreements for placement of a sewer line across Lots 21, 22, 39, and 40 of the Coffman and Hoidale Subdivision near Friendswood. The agreements have been modified to reflect the changes requested in my letter of May 19. Upon receipt of these instruments, I understand the City will forward a check for the total consideration of $2,165. Very truly yours, James K. Smedley JKS/db Enclosure