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HomeMy WebLinkAboutCity Council Resolutions (R-03-2156)-05/20/2003 RESOLUTION R-03-2156 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND EXPLORER PIPELINE FOR THE CONSTRUCTION OF COTTON BEL T TRAIL, PHASE I WHEREAS, DART granted an easement to Explorer Pipeline Company and the City of Colleyville and both licenses are "nonexclusive" and require both Explorer and the City to occupy the same land area and/or land area in close proximity to each other of the DART property; and WHEREAS, both the City of Colleyville and Explorer Pipeline Company desire to work with and cooperate with each other in order tha.t pipeline and trail construction, maintenance, and use are compatible to the extent possible; and both the City and Explorer Pipeline wish that public safety be optimized on the DART property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Cottonbelt Hike and Bike Trail Construction and Maintenance Agreement, hereby attached as Exhibit "A", is approved. AND IT IS SO RESOLVED. APPROVED THIS -U> ~ DAY OF Y?t. ~ 2003 BY A VOTE OF ...5" AYES, 0 NAYS AND 0 ABSTENTIONS. ATTEST: o/?~~~ Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE (Js;;; Donna Arp Mayor Attachment "A" Cottonbelt Hike and Bike Trail Construction and Maintenance Agreement WHEREAS, by instruments of record dated June 19, 1971 and October 11,2993, recorded in Volume 10146, Page 690 and Volume 11573 page 755 of the Deed Records of Tarrant County, Texas, Dallas Area Rapid Transit ("DART") granted to EXPLORER PIPELINE COMPANY, a Delaware Corporation ("Explorer"), a license across the land described therein, (the "Property"); WHEREAS, DART also granted by an instrument dated September 30, 1998 to the City of Colleyville (the "City"), a municipality formed under the laws of the State of Texas, a license across the land described therein (the "Property"); WHEREAS, DART's licenses to both Explorer and City are "nonexclusive" and require both Explorer and City to occupy the same land area and/or land area in close proximity to each other on the Property; WHEREAS, Explorer owns and operates within the Property a high pressure, hazardous liquid pipeline carrying refined petroleum products; WHEREAS, Explorer selected said pipeline's routing on the Property, the DART railroad right-of-way, as railroad properties for increased public safety for pipelines due to reduced excavation and encroachment by third parties and reduced close range exposure to individuals should an environmental release occur; WHEREAS, City acknowledges that placement of a hike and bike trail directly over and/or within close proximity of Explorer's high-pressure petroleum products pipeline has certain elements of risk; WHEREAS, both City and Explorer wish to work with and cooperate with each other in order that pipeline and trail construction, maintenance and use are compatible to the extent possible; and both City and Explorer wish that public safety be optimized on the Property; NOW, THEREFORE, in consideration of the premises and the covenants herein Explorer agrees to the construction and maintenance of the Cotton belt Hike and Bike Trail (the "Trail") subject to the following terms and conditions: 1. Explorer shall be listed as an additional insured under the Trail construction contractor's general liability policy, which covers liability for or on account of injury to or death of persons or damage to property resulting from construction of the Trail. The insurance policy will have a limit of not less than two million dollars ($2,000,000) for bodily injury and property damage per occurrence and not less than two million dollars ($2,000,000) aggregate for all occurrences; 2. Explorer shall receive notice at least 48 hours in advance of any Trail construction activities over or near its pipeline by contacting Mr. Mike Tucker, Greenville Area Manager, 2856 County Road 2168, Caddo Mills, Texas 75135, (903) 527.1262; 3. Trail construction activities near Explorer's pipeline will not occur unless an Explorer representative has been timely notified. The Explorer representative will have full authority to stop any construction activity if, in his sole discretion, Explorer's pipeline or appurtenances are in danger of being damaged or if there is a threat to public safety. Explorer will indemnify the City for construction delay charges it incurs in the event a decision by Explorer to stop construction is found to be unreasonable; 4. The Trail construction contractor shall not permit excavation nor allow heavy equipment to work within ten (10) feet of Explorer's pipeline without prior approval of Explorer's representative. Explorer will indemnify the City for construction delay charges it incurs in the event it is found that Explorer's approval was unreasonably withheld; 5. In the event of any change or modification to the Trail construction plans signed by the Texas Department of Transportation on October 15, 2001, the Trail construction contractor will prior to construction, provide a written copy of said plans to Explorer for review and approval, and such approval by Explorer will not be reasonably withheld; 6. Explorer agrees to mark its pipeline with pipeline markers provided and installed by it; 7. City will contact the Explorer Pipeline Area Manager at 2856 County Road 2168, Caddo Mills, Texas 75135, phone (903) 527.1262, at least 48 hours before undertaking any future maintenance or construction activities requiring excavation and/or operation of heavy equipment over or near Explorer's pipeline; 8. City will place a Texas "One Call," the current number being (800) 545.6005, at least 48 hours before undertaking any future maintenance or construction activities requiring excavation and/or operation of heavy equipment over or near Explorer's pipeline so that the pipeline's location may be marked prior to any such activities. Each of the parties has full power and authority to enter into and carry out its obligations under this Agreement. The undersigned are duly authorized by the respective parties to execute this Agreement in their representative capacities by all necessary corporate proceedings. The terms, conditions and provisions of this Agreement shall extend to and be binding upon the successors and assigns of the parties hereto. To facilitate the execution of this Agreement, it may be executed in counterparts, all of which shall constitute one Agreement. A copy of this Agreement is as effective as its original. IN WITNESS WHEREOF, the parties have set their hands and seals this 161:'- day of _jv:(\~ 2003. EXPLORER PIPELINE COMPANY o '- 'I! ~. "'1:- c'-- ~~ VV"C"L l..... .c (""'). l~' r .-".) t' c-t. ~ n ~ ' "'\...C...C: ..,- CITY COUNCI L APPROVED C~~V~LLE Donna Arp ~ Mayor MAY 2 0 2003