ORDINANCE 1255ORDINANCE NO. 1255
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, GRANTING TO SHELL PIPE LINE
CORPORATION A FRANCHISE FOR A PERIOD NOT TO
EXCEED TEN (10) YEARS TO OPERATE AND MAINTAIN
TWO (2) PIPELINE SYSTEMS CONSISTING OF A
SINGLE LINE OF PIPE SIX (6) INCHES AND A
SINGLE LINE OF PIPE EIGHT (8) INCHES IN
INTERNAL DIAMETER FOR THE PURPOSE OF
TRANSPORTING PETROLEUM PRODUCTS WITHIN SAID
CITY.
WHEREAS, SHELL PIPE LINE CORPORATION ( "Shell "), filed an
application with the City of E1 Segundo, California for a franchise
to operate and maintain two (2) pipelines for the transportation of
petroleum products; and
WHEREAS, the City Council by Resolution No. 3967, adopted
on the 2nd day of April 1996, declared its intention to grant said
pipeline franchise to Shell and did set May 21, 1996 as the date of
the public hearing thereon; and
WHEREAS, the City Clerk did publish a notice of the
Public Hearing as directed by the City Council; and
WHEREAS, on the 21st day of May 1996, said Public Hearing
was held and it was determined by the City Council to grant said
pipeline franchise to Shell.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City hereby grants a non - exclusive
Franchise to Shell to operate and maintain a single line of pipe of
six (6) and single line of pipe eight (8) inches internal diameter
for the transportation of petroleum products by means of executing
the Franchise Agreement ( "Agreement" - Exhibit A).
SECTION 2. The Mayor is hereby authorized to execute
this ordinance, the Agreement and the attendant Grant of Subsurface
Easement (Exhibit B) on behalf of the City.
SECTION 3. The Franchise granted by this ordinance
becomes effective after a duly authorized representative of Shell
executes the agreement and delivers it to the City Clerk.
Page 1 of 2
PWMAY- 21.ORD (Friday 5/3/96 9tOO and
1 2_55
SECTION 4. Upon Shell's delivery of the duly executed
agreement to the City Clerk, the City Clerk shall cause the Grant
of Subsurface Easement to be recorded in the Los Angeles County
Recorder's office.
SECTION 5. This ordinance shall become effective at
midnight on the thirtieth (30) day from and after the final passage
and adoption hereof.
SECTION 6. The City Clerk shall certify to the passage
and adoption of this ordinance; shall cause the same to be entered
in the book of original ordinances of said City; shall make a note
of the passage and adoption thereof in the records of the meeting
at which the same is passed and adopted; and shall within 15 days
after the passage or adoption thereof cause the same to be
published or posted in accordance with the law.
PASSED, APPROVED AND ADOPTED this 4th day of June 1996.
ATTESTED:
C1 y Mort n
C y Cler ( eal)
APPROVED AS TO FORM:
,:-� -I J-,D
City Attorney
X" �9�
Sandra Jacobs ayor
of the City o 1 Segundo,
California
Page 2 of 2
PwMAY -n.ORD (Friday 5/3/% 400"
14-55
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO. 1255 is a full, true correct original
of ORDINANCE NO. 1255 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, GRANTING TO SHELL PIPE LINE
CORPORATION A FRANCHISE FOR A PERIOD NOT TO
EXCEED TEN (10) YEARS TO OPERATE AND MAINTAIN
TWO (2) PIPE=LINE SYSTEMS CONSISTING OF A SINGLE
LINE OF PIPE SIX (6) INCHES AND A SINGLE LINE OF
PIPE EIGHT (8) INCHES IN INTERNAL DIAMETER FOR
THE PURPOSE OF TRANSPORTING PETROLEUM
PRODUCTS WITHIN SAID CITY.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 4TH DAY OF JUNE . 1996, and the same was so
passed and adopted by the following vote:
AYES: Mayor Jacobs, Councilwoman Friedkin and
Councilman Gordon
NOES: None
ABSENT: Mayor ProTem Wernick and Councilman Weston
ABSTAINED: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1255,
was posted and /or published in the manner prescribed by law.
A
c o %IeKrkoft� City e
City of El Segundo, California
(SEAL)
14-55
AX2:139850.5
PIPELINE FRANCHISE AGREEMEN
(COMMON CARRIER PIPELINES)
This Agreement is made and entered into by and between the
CITY OF EL SEGUNDO, California, a general law city ( "City ") and
SHELL CALIFORNIA PIPELINE COMPANY, a California corporation
( "Grantee "), this 4th day of June 1996.
WITNESSETH
The parties hereto agree as follows:
SECTION 1. NATURE OF FRANCHISE. City hereby grants a non-
exclusive Franchise ( "this Franchise ") to Grantee for the term of
ten (10) years from and after April 20, 1996 to lay and use
pipelines not to exceed eight (8) inches in nominal internal
diameter for transportation of oil, or products thereof, ( "the
products ") in, under, along and across the public streets, highways
and alleys (collectively "the Streets ") in City, particularly
described in Exhibit "A" attached hereto and incorporated herein by
this reference. Grantee shall provide a minimum of thirty (30)
days prior written notice to the City Fire Department of any
changes to the type and nature of the oil, or products thereof, to
be transported in the pipelines under this Franchise Agreement.
This Franchise is hereby granted to Grantee and its lawful
successors and assigns subject to the terms hereof. This Franchise
shall include the right, for the period and subject to such terms,
to maintain, operate, repair and renew the pipeline system of
Grantee already laid out and constructed in the Streets as
previously authorized.
SECTION 2. APPURTENANCES. Grantee shall have the right,
subject to prior approval of the City Engineer, to construct and
maintain such traps, manholes, conduits, valves, appliances,
attachments and appurtenances (collectively "appurtenances ") as may
be necessary or convenient for proper maintenance and operation of
EXHIBIT " A "
1 L55
the pipelines. Appurtenances shall be kept flush with the surface
of the Streets and located so as to conform to any requirement of
the City Engineer in regard thereto and not to interfere with the
use of the Streets. Grantee shall have the right, subject to such
ordinances, rules or regulations as are now or may hereafter be
enacted or in force, to make all necessary excavations in the
Streets for construction and repair of the pipelines and
appurtenances (collectively hereinafter "the Facilities ") subject
to prior approval of the City Engineer and acquisition by Grantee
of all necessary City permits. The City Engineer may impose
reasonable conditions on the excavation work.
SECTION 3. LOCATION OF THE FACILITIES. So far as is
practicable, the Facilities shall be located along the edge or
shoulder of the Streets or in parking areas adjacent thereto so as
to not unreasonably disturb the flow of traffic, and where possible
shall be laid in the unpaved portions of the Streets, if any.
SECTION 4. CONSTRUCTION OF THE FACILITIES
A. Terms of Construction
The Facilities shall be installed, maintained and
inspected by Grantee in a satisfactory, safe, and workmanlike
manner, of good material, and in conformity with all ordinances,
rules or regulations now or hereafter adopted or prescribed by the
City Council or state or federal authorities. The Facilities shall
conform to applicable standards for pipelines imposed by the
California State Fire Marshal and any other applicable regulatory
authority, including but not limited to those standards under the
California Pipeline Safety Act of 1981 (Government Code $51010 et
seq.). The Facilities shall have cathodic protection, and a
description of all protective devices shall be furnished to the
City Engineer which will show the locations and types of anodes,
including a description of the methods used as protection against
corrosion and electrolytic leakage. The Facilities shall be
constructed in such a manner that sections thereof may be closed
off and isolated from the flow of product.
LAX2:139850.5 2
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B. Restoration of the Streets
The work of laying constructing, maintaining, operating,
renewing, repairing, changing and moving any segments of the
Facilities, and all other work in exercise of the rights under this
Franchise, shall be conducted with the least practicable hindrance
or interference to use of the Streets by the public or City, and
Grantee shall provide all necessary warning, safety and traffic
control devices as are or may be required by City, county, state or
federal regulations. All excavations shall be back - filled and
adequately compacted. The surface of the Streets shall,be placed
in as good and serviceable condition as existed before commencement
of the work and to the satisfaction of the City Engineer.
Restoration of the Streets is to be completed in accordance with
plans approved by City.
If Grantee fails to restore the excavation to the
satisfaction of the City Engineer, City or its agents may, at
City's sole discretion, restore the excavation site to the
satisfaction of the City Engineer. Grantee shall pay all costs
associated with such restoration of the excavation site within
thirty (30) days after receipt of City's itemized bill therefor.
SECTION 5. COMMENCEMENT OF CONSTRUCTION AND PLANS. Grantee,
in good faith, shall commence the work of laying the Facilities
within six (6) months from the Effective Date of this Franchise,
and if such construction is not so commenced within such time, this
Franchise may be declared forfeited; provided, however, that if
Grantee is maintaining and operating an existing pipeline system in
the Streets, it shall be deemed to be in compliance with the
foregoing. Grantee shall not commence construction of the
Facilities or add to existing facilities comprising the Facilities,
if any, until it first shall have obtained City approval of
construction plans and specifications and all necessary permits
from City. The plans shall contain a construction schedule
detailing the time period during which certain portions of the
Streets will be excavated and the dates upon which the Streets
.AX2:139850.5 3
AM2139850.5
shall be restored to their original condition.
i
The permit application of Grantee shall also contain the
following data: the length, approximate depth and proposed
location of the Facilities proposed to be laid or constructed, the
size and description of the pipe intended to be used, and such
other data as the City Engineer may reasonably require. Grantee
shall pay any and all reasonable inspection fees of City. Upon
completion of the construction Grantee shall render a statement to
City showing in detail the permits issued and the total length of
the Facilities constructed under such permits.
SECTION 6. DOCUMENTS TO BE FURNISHED
A. Maps
Within ninety (90) days following the execution of this
Agreement, Grantee shall file with City a map or maps, in such form
as may be required by the City Engineer, showing accurately the
locations and sizes of all of the Facilities currently in place,
and shall, upon installation of any additional facilities or upon
removal, change or abandonment of all or any portion thereof, file
with City a revised map or maps showing the locations and sizes of
all such additional and /or abandoned facilities as of that date.
B. Documents Submitted
Concurrently with the submission to any other
governmental agency of any report, document or writing (including
but not limited to reports of incidents and inspections, safety
reports, and permit applications or documents) concerning the
Facilities, Grantee shall submit true, complete and correct copies
thereof to the City Director of Public Works and City Fire Chief.
C. Documents Received
Within two (2) weeks of receiving any report, document or
other writing from any other governmental agency (including but not
limited to permits, approvals, notices of violations, actions,
inspection reports and incident reports) concerning the Facilities,
Grantee shall submit true, correct and complete copies thereof to
the City Director of Public Works and City Fire Chief.
12-55
4
SECTION 1. COMPENSATION TO THE CITY
A. Amount of Annual Franchise Fee
As consideration for the granting of this Franchise,
Grantee shall pay an annual Franchise Fee to City. The Franchise
Fee shall be paid annually to City in lawful money of the United
States within sixty (60) days after the end of each calendar year.
Any neglect, omission or refusal of Grantee to pay the Franchise
Fee or provide any information required under this Section at the
time or in the manner reasonably required shall constitute grounds
for declaration of a forfeiture of this Franchise and 'all rights
hereunder. Acceptance by City of any payment of the Franchise Fee
shall not be construed as a release, waiver, acquiescence or accord
and satisfaction of any claim City may have for further or
additional sums payable under this Franchise or for the performance
of any other obligation hereunder.
B. Base Rate
The base rate for the Franchise Fee shall be computed as
follows:
The length of the Facilities expressed in feet shall be
multiplied by the applicable base rate, as adjusted pursuant to
subparagraph C, in accordance with the following schedule as set
forth in California Public Utilities Code §6231.5:
Pipe Size
(internal diameter in inches)
Base rate per lineal foot
0 - 4
$0.088
6
0.132
8
0.176
10
0.220
12
0.264
14
0.308
16
0.352
18
0.396
20
0.440
22
0.484
24
0.528
26
0.572
28
0.616
30
0.660
lAX2:139850.5 5
1255
For pipelines with an internal diameter not listed above, the
Franchise Fee shall be in the same proportion to the above -
indicated "Base rate per lineal foot" of a 12- inch - diameter pipe as
the diameter of the unlisted pipe is to 12 inches.
The calculation of the Franchise Fee under this Subparagraph
B shall be subject to recalculation if the fee provisions of
California Public Utilities Code §6231.5 are amended.
C. Computation of Payments
Grantee shall be subject to the Franchise Fee for each
calendar year from the Effective Date of this Franchise, to and
including the date of either actual removal of the Facilities or
the date on which a properly approved abandonment "in place"
becomes effective as authorized by City, and until Grantee shall
have fully complied with all provisions of this Franchise and all
other applicable provisions of law or ordinance relative to such
removal or abandonment. All such payments shall be made payable to
City, and shall be supported by Grantee's verified statements
concerning the computation of the amounts thereof.
Provided, however, that the amount of each payment of
the Franchise Fee shall be revised each calendar year as follows:
(1) The amount of the payment shall be adjusted at
the time payment is due by multiplying the
aforesaid base rate by the Consumer Price
Index, All Urban Consumers for the Los
Angeles- Anaheim - Riverside Area as published by
the United States Department of Labor, Office
of Information, for the month of September
immediately preceding the month in which
payment is due and payable, and dividing by
the Consumer Price Index for June 30, 1989
which is declared to be 100.0. Under no
circumstances shall the multiplying factor be
less than one.
LA A39950.5 6
I t.5 5
(2) If the United States Department of Labor, Office of
Information discontinues preparation or publication
of the aforesaid Consumer Price Index for such
Area, and if no translation table prepared by the
Department of Labor is available so as to make
those statistics which are then available
applicable to the Index for June 30, 1989, City
shall prescribe a rate of payment which shall, in
its judgment, vary from the rates specified in this
Section in approximate proportion as- commodity
consumer prices then current vary from consumer
prices current in December, 1988. on this point,
the City's reasonable determination shall be final
and conclusive.
(3) If said office of Information shall revise
said Index, the parties hereto shall accept
the method of revision or conversion
recommended by said office.
C. Administrative Fee for Processing this Franchise
In consideration for the granting of this Franchise, and
to reimburse City for its administrative expenses in preparing and
approving the documents for this Franchise, Grantee shall pay City
Two Thousand, Five Hundred Dollars ($2,500.00) within thirty (30)
days after the Effective Date of this Franchise.
SECTION 8. EMERGENCY PREPAREDNESS
A. Spill Prevention and Response Planning
1. At all times during the term of this Franchise,
Grantee shall maintain :
a. An oil spill prevention and response Plan
consistent with and conforming to California Office of Oil Spill
Prevention and Response Regulations (OSPR) at Title 14, Division 1,
Subdivision 4, Chapter 2, Subchapter 3, § §815 -817 of the California
Code;
LAX2:139850.5 7
b. A Business Plan pursuant to Chapter 6.95 of the
California Health and Safety Code;
C. A Chemical Inventory pursuant to Chapter 6.95
of the California Health & Safety Code;
d. Pipeline maps and diagrams, and a contingency
Plan for pipeline emergencies pursuant to California Government
Code §51015.
2. Grantee shall pay City all applicable fees for
review and approval of each such Plan for which City holds prime
jurisdiction.
3. Grantee shall also comply with any requirements for
Plans imposed by any federal, state or local authority during the
term of this Franchise.
4. Grantee shall offer to meet with the City Fire Chief
or Fire Chief's designee not less often than once each calendar
year to discuss and review Plans and response plans for pipeline
emergencies. All emergency response work performed by Grantee
shall be performed in accordance with the applicable Plans and in
cooperation with the City Fire Department.
B. operational Requirements
a. Grantee shall cause the Facilities to be secure
against unauthorized entry and tampering.
b. Remotely operable valves shall be provided
which will be capable of shutting off flow of product.
SECTION 9. OPERATIONS, MAINTENANCE AND REPAIR. Grantee
shall operate, maintain and repair the Facilities in accordance
with the California Pipeline Safety Act (Government Code § §51010-
51019), U.S. Department. of Transportation Hazardous Liquid Pipeline
Regulations (49 C.F.R. Part A5) and any and all other applicable
federal and state rules. Grantee shall immediately make all repairs
to the Streets and City property made necessary by any of the
0A
LAX2:139 5 r 8
145
operations of Grantee, upon approval of plans by the City Engineer,
obtaining all necessary City permits. If Grantee fails to make
said repairs to the Streets or City property, Grantee shall pay to
City upon demand all costs which City incurs in making said
repairs.
SECTION 10. REARRANGEMENT OF FACILITIES
A. Expense of Grantee
1. If any portion(s) of the Facilities shall, in the
opinion of City, endanger the public in the use of the Streets or
interfere with or obstruct the use of any street by the public or
for public purpose, City shall have the right to require Grantee to
move, alter or relocate such portion(s) to avoid such danger,
interference or obstruction, in conformity with written notice from
the City Engineer, at Grantee's sole expense. In such an event,
City agrees to provide Grantee with a reasonable alternative
location to relocate such portion(s) of the Facilities so as to
provide an unbroken connection between the relocated portions and
the portions that remain in place.
2. whenever, during the term of this Franchise, City,
including any water, electric, gas or other utility system
hereafter owned or operated by City, any community facilities or
assessment district, or any other agency established by City in its
ministerial capacity, shall change the grade, width, alignment or
location of any street, way, alley or place, or improve any said
street in any manner, including but not limited to the laying of
any sewer, storm drain, conduits, gas, water or other pipes,
pedestrian tunnels, subway, viaduct or other work of City (the
right to do all of which is specifically reserved to City without
any admission on its part that it would not otherwise have such
rights), Grantee shall, at its own cost and expense, do any and all
things to effect such change in position or location of any
portion(s) of the Facilities in conformity with the written
approval of the City Engineer, including but not limited to removal
or relocation of any portion(s) of the Facilities, if and when made
necessary by the determination of the City Engineer.
LAM:139850.5 9
5
B. Expense of Others
1. City shall also have the right to require Grantee to
rearrange any part of the Facilities for the accommodation of any
private person, firm or corporation. When such rearrangement is
done for the accommodation of any private person, firm or
corporation, the cost of such rearrangement shall be borne by the
accommodated party. Such accommodated party, in advance of such
rearrangement, shall deposit with Grantee cash in an amount, as in
the reasonable discretion of Grantee, shall be required to pay the
costs of such rearrangement. -
2. The rearrangement referred to in subsection 1 of
subparagraph B of this Section shall be accomplished in conformity
with the written notice of the City Engineer and plans approved by
the City Engineer.
C. Rearrangement of Other Facilities. Nothing
contained in this Franchise shall be construed to require City to
move, alter or relocate any of its facilities upon any of the
Streets, at its own expense, for the convenience, accommodation or
necessity of any other public entity, person, firm or corporation
now or hereafter owning a public utility system of any type or
nature, or to move, alter or relocate any part of its system upon
any of the Streets for the convenience, accommodation or necessity
of Grantee.
D. Notice. Grantee shall be given not less than
ninety (90) days written notice of any rearrangement of any
portion(s) of the Facilities which Grantee is required to make
under this Section. Such notice shall furnish final, approved
plans detailing the necessity for the rearrangement of such
portion(s) of the Facilities, specify in reasonable detail the work
to be done by Grantee, and shall specify the time that such work is
to be accomplished. In the event that City shall change the
provisions of any such notice given to Grantee, Grantee shall be
given an additional, reasonable period of time to accomplish such
work.
lAX2:139850.5 10
� L.-
I
SECTION 11. REMOVAL OR ABANDONMENT OF FACILITIES. At the
time of non - renewal, revocation or termination of this Franchise or
the permanent discontinuance of use of the Facilities or any
portion thereof, Grantee shall, within thirty (30) days thereafter,
make a written application to the City Engineer to either: (1)
abandon all, or a portion, of the Facilities in place, or (2)
remove all, or a portion of the Facilities as the City Engineer, in
his or her reasonable discretion, shall consider to be appropriate.
Such application shall include a closure plan, which shall
demonstrate to the satisfaction of the City Engineer and City's
Fire Chief that any regulated materials which have been stored or
transported in the Facilities or such portions(s) thereof have been
or will be transported, disposed of or reused in a manner
consistent with public health and safety, and shall describe the
portion(s) of the Facilities desired to be abandoned by reference
to the map or maps required by Section 6 hereof and shall also
describe with reasonable accuracy the relative physical condition
of such portion(s) of the Facilities. Thereupon, the City Engineer
and the Fire Chief shall determine whether any proposed abandonment
or removal may be effected without detriment to the public interest
or under what conditions such proposed abandonment or removal may
be safely effected and shall notify Grantee, according to such
requirements as shall be specified in the City Engineer's and the
Fire Chief's order to either:
1. Remove all or a portion of the Facilities, or
2. Abandon in place all or a portion of the
Facilities, subject to reasonable conditions
imposed by the City Engineer, Fire Chief and the
City Attorney to protect public health, safety and
welfare, and to protect City against future
liability.
If any portion(s) of the Facilities to be abandoned in
place subject to the prescribed conditions shall not be abandoned
in accordance with all such conditions, the City Engineer may make
additional appropriate orders, including, as the City Engineer
• {,
I.AX2:139850.5 I L � r••.� .r
deems desirable, an order that Grantee shall remove all such
portion(s) of the Facilities in accordance with applicable
requirements. If any portion(s) or all of the Facilities are
abandoned, all right, title and interest in those abandoned shall
remain with Grantee, and City shall not acquire any possessory,
equitable or other interest therein.
SECTION 12. COMPLETION OF WORK. In the event that
Grantee fails to commence any work or act and diligently proceed
therewith, or to complete any such act or work required of Grantee
by the terms of this Franchise within the time limits required
hereby, City may cause such act or work to be completed by City or,
at the election of City, by a private contractor. Grantee agrees
to pay City within thirty (30) days after delivery of an itemized
bill the cost of performing such act or work plus an amount equal
to fifteen percent (15 %) thereof for overhead. If Grantee is
dissatisfied with any decision made by the City Engineer hereunder
or the determination of the cost of any work performed by City
pursuant to this Franchise, it may petition the City Council to
review the same within ten (10) days after such decision or
determination is communicated to Grantee. The decision of the City
Council shall be final and conclusive.
SECTION 13. BOND. Grantee shall, within thirty (30) days
of the Effective Date of this Franchise, file with the City Clerk,
and yearly thereafter maintain in full force and effect, a bond in
favor of City in the penal sum of Five Hundred Thousand Dollars
($500,000.00) with a surety to be approved by the City Finance
Director, conditioned that Grantee shall truly observe, fulfill and
perform each and every term and condition of this Franchise, and in
the case of a breach of a condition of this Franchise and Grantee's
refusal to remedy such breach, at the discretion of the City
Council, the whole amount of the penal sum therein shall be paid to
City in addition to any damages recoverable by City from the
principal and sureties of the bond. If said bond is not so filed,
the award of this Franchise will be set aside and any money paid by
Grantee hereunder will be forfeited.
L4X2:139850.5 12
G.d
Whenever a bond is taken and deemed to be liquidated damages
for any breach of a term or condition of this Franchise not
remedied by Grantee, Grantee must immediately file another bond of
like amount and character, and if Grantee fails to do so within the
time set by the City Council, the Council may, by resolution,
declare this Franchise forfeited.
Nothing herein shall insulate Grantee from liability in excess
of the amount of said bond or shall be construed as a waiver by
City of any remedy at law against Grantee for any breach of the
terms and conditions of this Franchise, or for any damage, loss or
injuries suffered by City in case of any damage, loss or injury
suffered by any person, firm or corporation by reason of any work
done or any activity conducted by Grantee in the exercise of this
Franchise.
SECTION 14. INSURANCE REQUIREMENTS.
A. Liability Insurance. The Grantee shall, prior to
the effective date of this Franchise, provide to the City a signed
certification acknowledging the Grantee is self- insured for
liability claims arising out of Grantee's use of this Franchise, in
lieu of a policy or policies of general liability insurance, in the
following amounts: comprehensive general liability insurance
endorsed for contractual, broad form property damage and personal
injury with a combined single limit of not less than $1,000,000.00
per occurrence; comprehensive auto liability endorsed for all owned
and non -owned vehicles with a combined single limit of not less
than $1,000,000.00 per occurrence; and hazardous materials and
hazardous waste discharge coverage in an amount of not less than
$1,000,000.00 per occurrence.
B. Workers' Compensation Insurance. Prior to the
Effective Date of this Franchise, Grantee shall file with City the
following signed certification:
"Grantee is aware of, and will comply with,
Section 3700 of the Labor Code, requiring
LAX2:139850.5
13 � `,!
every employer to be insured against liability
for workers' Compensation or to undertake
self- insurance before commencing any of the
work."
Grantee shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for
the duration of the term of this Franchise, complete workers'
Compensation Insurance as required by the State of California, or
satisfactory evidence of self- insurance.
C. Additional Insured. City and its respective
elective and appointive officers, officials, employees and agents
shall be named as additional insureds on the liability policies
required under this Franchise. The coverage shall contain no
special limitation on the scope of protection afforded to City, its
officers, officials, employees and agents. For any claims related
to this Franchise, Grantee's insurance coverage shall be primary
insurance as respects City, its officers, officials, employees and
agents. Any insurance or self- insurance maintained by City, its
officers, officials, employees or agents shall be excess to
Grantee's insurance and shall not contribute with it.
D. Insurance Certificates. Prior to the Effective Date
of this Franchise, Grantee shall file with City a certificate of
insurance evidencing coverage in the amounts specified in this
Section. Such certificate shall be subject to approval by City's
risk manager. Such certificate shall bear an endorsement providing
that the policy to which it relates shall not be terminated or
materially altered except after thirty (30) days prior notice to
City.
E. Termination for Lack of Required Insurance Coverage.
If Grantee for any reason fails to have in place at all times
during the term of this Franchise all required insurance coverage,
City may terminate this Franchise forthwith.
LAY2:139850.5
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14
SECTION 15. INDEMNIFICATION BY GRANTEE. Grantee shall
indemnify, defend, protect and hold harmless City, its elective and
appointive boards, officials, officers, employees, agents,
volunteers, assigns and any successor or successors to City's
interest from and against any and all claims, demands, losses,
defense costs, reasonable attorney fees, fines, penalties,
expenses, causes of action and judgments at law or in equity,
damages, losses or liability of any kind or nature, including but
not limited to personal injury or death or property damage, arising
out of Grantee's exercise of this Franchise or operation of the
Facilities, regardless whether any act or omission is authorized,
allowed or prohibited by this Franchise.
Additionally, Grantee shall indemnify, defend and hold
harmless City, its elective and appointive boards, officials,
officers, employees, agents, volunteers, assigns and any successor
or successors to City's interest from and against all claims,
demands, losses, defense costs, reasonable attorney fees, fines,
penalties, expenses, causes of action and judgments at law or in
equity, damages, losses or liability of any kind or nature,
including but not limited to personal injury or death or property
damage, and other expenses of any nature including but not limited
to all foreseeable and all unforeseeable consequential damages, and
the cost of any required or necessary repair, cleanup or
detoxification, or the preparation and implementation of any
response, remedial, removal, closure or other required plans
(regardless of whether undertaken due to government action) arising
out of or attributable to the presence, use, generation, storage,
transportation, release, or disposal of Hazardous Material arising
out of Grantee's exercise of this Franchise or the operation of the
Facilities, regardless of whether any act or omission is
authorized, allowed or prohibited by this Franchise. As used in
this Section, Hazardous Material means any substance, product,
waste or other material of any nature whatsoever which is or
becomes listed, regulated or addressed pursuant to: (1) the
Comprehensive Environmental Response, Compensation and Liability
IAX2:139850.5 15 _
t. J
Act of 1980, 42 U.S.C. §9601, et seq. (CERCLA); the Hazardous
r
Materials Transportation Act, 49 U.S.C. 51801, et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.;
the Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; the
Clean Water Act, 33 U.S.C. §1251, et seq.; the California Hazardous
Waste Control Act, Health and Safety Code §25100, et seq.; the
California Hazardous Substance Account Act, Health and Safety Code
§25330, et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code §25249.5, et seq.;
California Health and Safety Code §25280, et seq. (Underground
Storage of Hazardous Substances); the California Hazardous Waste
Management Act, Health and Safety Code §25170.1, et seq.;
California Health and Safety Code §25501, et seq. (Hazardous
Materials Response Plans and Inventory); or the Porter - Cologne
Water Quality Control Act, Water Code §13000, et seq., all as
amended; or (2) any other federal, state or local law regulating,
relating to, or imposing liability or standards of conduct
concerning any hazardous, toxic or dangerous waste, substance or
materials, as now is, or at any time hereafter may be, in effect;
or (3) any rule or regulation adopted or promulgated under or
pursuant to any of said laws.
If Grantee receives any notice, whether oral or written,
of any inquiry, test, investigation, enforcement proceeding,
environmental audit or the like regarding any Hazardous Material
relating to this Franchise or the Facilities, Grantee shall
immediately notify City in writing of such notice.
The liability of Grantee hereunder shall not be limited
to the insurance provisions of this Franchise. The
indemnification, legal defense and hold harmless provisions of this
Section shall survive the expiration or termination of this
Franchise or the abandonment of the Facilities authorized hereunder
and shall relate back to all periods of time in which Grantee
maintained pipelines in City pursuant to this Franchise or previous
franchises.
LAX2:139850.5
16
The provisions of this Section are intended to operate as
an agreement pursuant to S107(e) of CERCLA, 42 U.S.C. §9607(e), and
California Health and Safety Code §25364, to insure, protect, hold
harmless and indemnify City from liability pursuant to such laws.
SECTION 16. LIQUIDATED DAMAGES.
A. City finds and Grantee agrees that as of the time of
the execution of this Franchise it is impractical if not impossible
to reasonably ascertain the extent of damages which would be
incurred by City as a result of a material breach by Grantee of its
obligations under this Franchise. The factors relating to the
impracticability of ascertaining damages include, but are not
limited to, the facts that: (i) substantial damage can result to
members of the public when access to public rights of way are
impeded or prevented due to construction. within said rights of way;
(ii) faulty or negligent repair or restoration of streets and
public rights of way excavated pursuant to this Franchise can
present particular danger to public health, safety and welfare;
(iii) failure to restore streets in a timely manner can exacerbate
all of the dangers and concerns outlined above; (iv) such breaches
can cause inconvenience, anxiety, frustration and deprivation to
individual members of the general public in subjective ways and in
varying degrees of intensity which are incapable of measurement in
precise monetary terms; (v) the monetary loss resulting from such
breaches is impossible to calculate in precise monetary terms; and
(vi) termination of this Franchise for such breaches, and other
remedies are, at best, a means of future correction and not
remedies which make the public whole for past breaches.
B. Accordingly, the City Council may, in its
discretion, assess liquidated damages not to exceed the sum of FIVE
HUNDRED DOLLARS ($500.00) per day, for each calendar day that
Grantee is in material breach of this Franchise. This provision
for liquidated damages shall not be deemed an exclusive remedy or
afford the exclusive procedure for remedying a material breach of
this Franchise.
LAX2:139850.5 17
C
i c.�r
LAX2:139850.5
C. City finds, and Grantee acknowledges and agrees that
the above described liquidated damages provisions represent a
reasonable sum in light of all of the circumstances. Said
liquidated damages sums shall be applicable to each calendar day of
delay during which Grantee has been found by City to be in material
breach of this Franchise, following Grantee's receipt of
notification of such finding. Grantee shall pay any liquidated
damages assessed by City within twenty (20) working days after they
are assessed. If they are not paid within the twenty working day
period, City may, in addition to any other remedies, order the
termination of this Franchise.
D. Grantee specifically agrees that failure to complete
any portion of construction work or restoration of streets in
accordance with the schedule set forth in the approved plans shall
constitute a material breach of this Franchise for purposes of this
Section, unless such failure is caused by conditions or actions not
under Grantee's control.
E. Both parties acknowledge and agree to the liquidated
damages provisions of this Section as evidenced by their signatures
below:
"Grantee" "City"
SHELL CALIFORNIA PIPELINE COMPANY
by: L (�z ( �
Name typed oY prWhted:
�N . -,� . :3 R CVl$a ('i
Title: k -��CnN.,IN Fnc�
SECTION 17. ASSIGNMENT
A. Grantee shall not transfer, sell, hypothecate,
sublet or assign this Franchise, nor shall any of the rights or
privileges herein be hypothecated, leased, assigned, sold or
transferred, either in whole or in part, nor shall title thereto,
00 No
IN
either legal or equitable, or any right, interest or property
herein, pass to or vest in any person, except Grantee, its
affiliates or subsidiaries, either by act of Grantee or by
operation of law, without the prior consent of City expressed by
resolution. The aforesaid provisions of this Section shall not
prohibit Grantee from using the Facilities for the purpose of
transporting for other persons the products, but in such event
Grantee shall be responsible to City for full performance and
observance of the terms and conditions of this Franchise.
B. Any sale, lease or assignment of this Franchise or
the rights and privileges granted hereby, or any of them, except to
Grantee, its affiliates or subsidiaries, without the prior written
consent of the City Council shall be null and void.
C. City shall not unreasonably withhold its consent to
a transfer of this Franchise. For the purpose of determining
whether it shall consent to such change, transfer or change in
control, City may inquire into the qualifications of the
prospective transferee or controlling party, and Grantee shall
assist City in any such inquiry. In seeking City's consent to any
change of ownership or control, Grantee shall have the
responsibility of ensuring that transferee completes an application
in form and substance reasonably satisfactory to City. An
application shall be submitted to City not less than ninety (90)
days prior to the date of transfer. Grantee shall be required to
establish that it is in material compliance with this Franchise.
The transferee shall be required to establish that it possesses the
qualifications and financial and technical capability to operate
and maintain the Facilities and comply with all Franchise
requirements for the remainder of the term of this Franchise. If
City finds that the'legal, financial, technical and other public
interest qualities of the applicant are satisfactory, and that the
proposed transferee has the capability to operate and maintain the
Facilities and comply with requirements of this Franchise for the
remaining term hereof, City shall consent to the transfer and
LAM: 139850.5 19 CC
assignment of the rights and obligations of this Franchise. City
may condition the transfer to ensure that the transferee is and
remains in material compliance with this Franchise.
D. City consent pursuant to this Section is further
required for any change in control of Grantee. "Change in control"
shall mean any sale, transfer or acquisition of Grantee, Grantee's
parent, the parent of Grantee's parent, etc. If Grantee or its
parent(s) is /are a corporation or corporations, any acquisition of
more than ten percent (10 %) of Grantee's voting stock by a person
or group of persons acting in concert, who already own less than
50% of the voting stock, shall be deemed a change in control.
E. Notwithstanding the above, Grantee shall be entitled
to pledge, encumber, or grant any security interest in this
Franchise, provided that Grantee shall first notify and obtain City
consent in writing of such proposed transaction. City shall
consent to such transaction, subject, however, to the following
conditions:
1. Any consent so granted shall not be deemed a consent
to such pledgee, encumbrancer, or secured party to exercise any
rights or prerogatives of Grantee under this Franchise, nor to its
exercise of any rights or prerogatives as a holder of an ownership
interest in this Franchise.
2. Any consent so granted shall not be deemed a consent
to any subsequent transfer or assignment as referred to in this
Section. Any such subsequent transfer or assignment shall be
deemed assignment of this Franchise within the meaning of this
Section, and shall be subject to the provisions of this Section.
3. The pledgee, encumbrancer, or secured party shall
have executed and delivered to City an instrument in writing
agreeing to be bound by the provisions of this Franchise.
I °XI:1398�50.5��+ 20
SECTION 18. RECEIVERSHIP AND FORECLOSURE
A. Subject to applicable provisions of the Bankruptcy
Code, this Franchise shall, at the option of City, cease and
terminate one hundred twenty (120) days after appointment of a
receiver or trustee to take over and conduct the business of
Grantee whether in a receivership, reorganization, bankruptcy or
other action or proceeding unless such receivership or trusteeship
shall have been vacated prior to the expiration of said one hundred
twenty (120) days, or unless:
1. Such receiver or trustee shall have, within one
hundred twenty (120) days after its election or appointment, fully
complied with all terms of this Franchise and remedied all breaches
of this Franchise or provided a plan for the remedy of such
breaches which is satisfactory to City; and
2. Such receiver or trustee shall, within said one
hundred twenty (120) days, execute an agreement duly approved by
the court having jurisdiction, whereby such receiver or trustee
assumes and agrees to be bound by each and every term, provision
and limitation of this Franchise.
B. Upon the foreclosure or other judicial sale of all
or a substantial part of the Facilities, Grantee shall notify the
City Clerk of such fact, and such notification shall be treated as
a notification that a change in ownership of Grantee has taken
place and that the provisions of this Franchise governing such
changes shall apply.
SECTION 19. WAIVER OF BREACH. No waiver of the breach of
any of the covenants, agreements, restrictions or conditions of
this Franchise by City shall be construed to be a waiver of any
succeeding breach of the same or other covenants, agreements,
restrictions or conditions of this Franchise. No delay or omission
of City in exercising any right, power or remedy herein provided in
the event of default shall be construed as a waiver thereof, or
LAM:139850.5 21 '� �•-�`
acquiescence therein, nor shall the acceptance of any payments made
in a manner or at a time other than is herein provided be construed
as a waiver of or variation in any of the terms of this Franchise.
LAX2:139850.5
E ti=
SECTION 20. DEFAULT
A. Default
In any event that Grantee shall default in the
performance of any of the terms, covenants and conditions of this
Franchise, the City Manager may give written notice to Grantee of
such default. In the event that Grantee does not commence the work
necessary to cure such default within thirty (30) days after such
notice is received or prosecute such work diligently to completion,
the City Council may declare this Franchise forfeited by giving
written notice thereof to Grantee, whereupon this Franchise shall
be void and the rights of Grantee hereunder shall terminate and
Grantee shall execute an instrument surrendering this Franchise and
deliver same to City.
If the City Council declares this Franchise forfeited, it
may thereupon and thereafter exclude Grantee from further occupancy
or use of all City streets for the purposes authorized under this
Franchise. Forfeiture of this Franchise shall not of itself
operate to release the bond filed for this Franchise. Upon
declaring this Franchise forfeited, the City Council may elect to
take and accept the bond as liquidated damages therefor and pursue
any other legal remedy for any damage, loss or injury suffered by
City as a result of such breach. After forfeiture, the bond shall
remain in full force and effect for a period of one (1) year unless
exonerated by the City Council. No bond shall be exonerated unless
a release is obtained from the City Engineer and is filed with the
City Clerk. The release shall state whether all excavations have
been backfilled, all obstructions removed, and whether the
substrata or surfaces of the Streets have been placed in good and
serviceable condition. A release shall not constitute a waiver of
22
any right or remedy which City may have against Grantee or any
person, firm or corporation for any damage, loss or injury suffered
by City as a result of any work or activity performed by Grantee in
the exercise of this Franchise.
B. Cumulative Remedies
No provision herein made for the purpose of securing
enforcement of the terms and conditions of this Franchise shall be
deemed an exclusive remedy or to afford the exclusive procedure for
enforcement of said terms and conditions, but the remedy and
procedure herein provided, in addition to those provided by law,
shall be deemed cumulative.
SECTION 21. SCOPE OF RESERVATION. Nothing herein contained
shall ever be construed so as to exempt Grantee from compliance
with all ordinances of City now in effect or which may be hereafter
which are not inconsistent with the terms of this Franchise. The
enumeration herein of specific rights reserved shall not be
construed as exclusive, or as limiting the general reservation
herein made or as limiting such rights as City may have or
hereafter have in law.
SECTION 22. NOTICE. Any notice required to be given under
the terms of this Franchise, the manner of service of which is not
specifically provided for, may be served personally or by
depositing same with First Class postage prepaid in the United
States Mail addressed as follows:
To City:
Director of Public Works
City of E1 Segundo
350 Main Street
E1 Segundo, California 94250
To Grantee:
Shell California Pipeline Company
ATTN Manager, West Coast Area
Shell Pipe Line Corporation
Box 4848
Anaheim, California 92803 -4848
LA :139850,5 23
Or such other address as may from time to time be furnished in
writing by one party to the other.
when service of any such notice is made by mail, the time
of such notice shall begin within and run from three days after the
date of the deposit of the same in the United States Mail.
SECTION 23. SUCCESSORS. The terms of this Franchise shall
inure to the benefit of and shall bind, as the case may be, the
successors and assigns of the parties hereto, subject, however, to
the provisions of Section 17 hereof.
SECTION 24. INTERPRETATION. This Franchise is granted upon
each and every condition herein contained, and shall be strictly
construed against Grantee. Nothing shall pass to Grantee by this
Franchise unless it be granted in plain and unambiguous terms.
Each of said conditions is a material and essential condition to
the granting of this Franchise. This Franchise shall be
interpreted and construed according to the laws of the State of
California.
SECTION 25. ATTORNEYS' FEES. If litigation is reasonably
required to enforce or interpret the provisions of this Franchise,
the prevailing party in such litigation shall be entitled to an
award of reasonable attorneys' fees, in addition to any other
relief to which it may be entitled.
SECTION 26. ENTIRE AGREEMENT. This Franchise contains the
entire understanding between City and Grantee. Any prior
agreements, promises, negotiations or representations not expressly
set forth herein are of no force or effect. Subsequent
modifications to this Franchise shall be effective only if in
writing and signed by all parties. If any term, condition or
covenant of this Franchise is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Franchise shall be valid and binding.
LAX2:139850.5
24
SECTION 27. PUBLICATION EXPENSE. Grantee shall pay to City
a sum of money sufficient to reimburse City for all publication
expenses incurred in connection with the granting of this
Franchise, said payment to be made within thirty (30) days after
City shall have furnished Grantee a written statement of such
expenses. Such sum is in addition to the Administrative Fee
indicated in subsection C of Section 7 hereof.
SECTION 28. EFFECTIVE DATE OF FRANCHISE. This Franchise
shall not be in effect unless and until the ordinance of the City
Council granting this Franchise is in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Franchise to be executed by their authorized representatives as of
the Effective Date hereof
CITY OF EL SEGUNDO
( "City"
MAYOR
ATTEST:
by 612, 4i
ty_ printed:
C TY ERR
APPROVED AS TO FORM
Name typed or printed:
i
CITY ATTORNEY
SHELL CALIFORNIA
PIPELINE COMPANY
("Grantee")
by : /'W,
Name ty ed printed:
Vq
Title: %o2UE FAC-
,
LAX2:139850.5 u -
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SHELL CALIFORNIA PIPELINE COMPANY
6 -INCH DIAMETER VENTURA PRODUCTS PIPELINE
IN CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
A portion of A 6 -inch diameter pipeline,
1. entering the jurisdiction of said City in Aviation Boulevard at a point on the common
City of El Segundo /City of Hawthorne boundary line, said point being on the
southeasterly property line of a railroad right of way, approximately 16 feet east of the
centerline of Aviation Boulevard and 926 feet north of a prolongation of the centerline of
a street designated Utah Avenue in the City of El Segundo and 135th Street in the City of
Hawthorne;
2. thence northerly in Aviation Boulevard approximately 2,946 feet following the
meanderings thereof, in an alignment varying from approximately 16 feet to 18 feet
east of the centerline thereof, to a point on the common City of El Segundo /County of
Los Angeles boundary line, said point being approximately 17 feet east of and 112 feet
south of the intersection of the centerline of Aviation Boulevard with a prolongation of
the centerline of 124th Street, exiting the City of El Segundo and entering County of
Los Angeles jurisdiction;
3. thence north in County of Los Angeles jurisdiction 1,323.5 feet to a point, said point
being approximately 18 feet east of the intersection of the centerline of Aviation
Boulevard with a prolongation of the centerline of 120th Street, re- entering City of El
Segundo jurisdiction;
4. thence north in Aviation Boulevard 463 feet to a point, said point being approximately
18 feet east of the centerline of Aviation Boulevard and approximately 202 feet south of
the centerline of 119th Street, where the pipeline exits the City of El Segundo and enters
County of Los Angeles jurisdiction.
482desc2.doc „ _
EXHIBIT A
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26. thence northwesterly in Walnut Avenue approximately 75 feet;
27. thence west in Walnut Avenue, approximately 158 feet;
28. thence north, perpendicular to the sidelines of Walnut Avenue approximately 5 feet to the
north right of way line thereof and to privately owned land;
29. thence north in privately owned land approximately 415 feet;
30. thence northwesterly in privately owned land approximately 3 feet to a point on the east
right of way line of a north/south alley 20 feet wide;
31. thence continuing northwesterly in said alley approximately 20 feet to a point, said point
being 6.5 feet east of the west right of way line of said alley and opposite the east
terminus of an alley 20 feet wide extending west from said north/south alley;
32. thence north in said north/south alley approximately 190 feet to a point on the south right
of way line of Imperial Avenue, said point being approximately 645 feet east of the
centerline of California Street;
33. thence north in Imperial Avenue approximately 55 feet to a point 25.1 feet north of the
centerline thereof;
34. thence west in Imperial Avenue 5,903.2 feet to a point, said point being approximately 5
feet south of the north right of way line of Imperial Avenue and 110 feet east of a
prolongation of the centerline of Virginia Street;
35. thence north in Imperial Avenue perpendicular to the sidelines thereof approximately 5
feet to a point on the north right of way line thereof.
36. The pipeline then enters a median owned by the City of El Segundo and continues
northerly therein approximately 91 feet at which point it exits the City of El Segundo.
482descl.doc EXHIBIT "A"
PAGE 6 OF 6 a �.J
SHELL CALIFORNIA PIPELINE COMPANY
POWER OF ATTORNEY
SHELL CALIFORNIA PIPELINE COMPANY, a California corporation, with
offices at Two Shell Plaza, 777 Walker Street, in Houston, Texas 77252
( "SCPC "), hereby appoints and authorizes R. G. Ryman, J. A. Davis, or W. J.
Jackson, its Agents and Attorneys in Fact, in SCPC name and behalf, to execute
and deliver, accept, assign, amend, extend, terminate or release the following
instruments and documents in the usual course of SCPC business relating to its
pipelines and appurtenant facilities:
(a) deeds, leases, subleases, easements, rights of way, licenses,
permits, franchises, consents and other agreements for use of real property,
whether or not to SCPC; and
(b) applications for any of the foregoing relating to lands, waters
or other property owned by or under the jurisdiction of any government or
governmental authority, as well as any other applications or reports or
statements (excepting tax reports or returns) required by any government or
governmental authority;
IN WITNESS WHEREOF the Corporation has caused this Power of Attorney
to be signed by its President (duly authorized by resolution adopted by the
Board of Directors on November 25, 1985) and attested by its Secretary.
EXECUTED this 25th
ATTEST:
W. J, cson, Secretary
STATE OF TEXAS )
SS.
COUNTY OF HARRIS )
day of May , 1989.
SHELL CALIFORNIA
6W.19. .,instrument was acknowledged before me on fMa ?5
pi
b. Jas person on behalf of Shell California P e line
4 •j� rnia corporation.
or
�DOt c Q L
�sT t.'�f 14+
sN�;•.•�x.rna,;a� Notary Public
'=14AM89SCPC .01
RECORDING REQUESTED BY:
City of E1 Segundo
City Clerk
350 Main Street
E1 Segundo, CA 90245
WHEN RECORDED MAIL TO:
City of E1 Segundo
City Clerk
350 Main Street
E1 Segundo, CA 90245
GRANT OF SUBSURFACE EASEMENT
WHEREAS, on July 20, 1959, the City of Los Angeles
conveyed to the City of E1 Segundo certain real property
described in that certain Grant Deed recorded in Book D561 at
Page 787 through 790 of official records of the County of Los
Angeles; and
WHEREAS, said Deed imposed certain restrictions upon
the use of said property by the City of E1 Segundo; and
WHEREAS, on April 16, 1970, Ordinance No. 140,297
entitled:
"AN ORDINANCE AUTHORIZING THE PRESIDENT OR TWO MEMBERS
OF THE BOARD OF PUBLIC WORKS TO EXECUTE A CONSENT TO
THE GRANTING OF CERTAIN SUBSURFACE PIPE LINE EASEMENTS
BY THE CITY OF EL SEGUNDO; ",
was passed by the Los Angeles City Council on April 16, 1970,
approved by the Mayor of Los Angeles on April 20, 1970, and will
become effective on May 31, 1970; and
WHEREAS, by said Ordinance the City of Los Angeles
consents to the granting of subsurface easements by the City of
E1 Segundo for pipeline purposes in, under, through, and across,
that certain parcel of real property conveyed by the City of Los
Angeles to the City of E1 Segundo by Grant Deed recorded August
5, 1959, in Book D561 at Page 787 through 790 of official records
of Los Angeles County, and further authorized the President of,
or two members of, the Board of Public Works of the City of Los
Angeles to execute the consent to grant said subsurface easements
and the City Clerk to attest thereto;
NOW, THEREFORE, THE CITY OF EL SEGUNDO, a municipal
corporation, does hereby grant to Shell California Pipeline
Company, a California Corporation, a corporation (Grantee), a
subsurface easement for a period commencing with the approval of
this Grant of Subsurface Easement, ending on the 22nd day of
April, 2006, for the purpose of maintaining and operating one
pipeline not exceeding eight (8) inches internal diameter for the
purpose of transporting aviation jet fuel over, across and along
the following described real property:
EXHIBIT "B" N
PW- MAY21.EAS (Wednesday 5122/96 11:00 am)
A strip of land 10.00 feet in width the center line of
which is described as follows:
BEGINNING at a point in the north line of Imperial
Avenue (60 feet wide) 109.00 feet easterly of the center line of
Virginia Street (50 feet wide); THENCE northerly 111.00 feet to
the north city boundary.
The City of E1 Segundo is to fully use and enjoy the
premises except for the purpose granted to the Grantee.
Grantee hereby agrees to maintain all pipes a
sufficient depth so as not to interfere with the use of the
property by the City of E1 Segundo, and to pay any damages which
may arise as a result of its use.
This grant of subsurface easement is not intended to
and shall not be construed to permit the exercise of any rights
which would cause a reversion of said premises to the City of Los
Angeles, or to its successors or assigns.
This Grant of Subsurface Easement will be of no virtue,
force, or effect, except to the extent the same is consented to
by the City of Los Angeles, pursuant to the authorization of the
said Ordinance No. 140,297.
IN WITNESS WHEREOF, the said City of E1 Segundo has
hereunto caused its corporate name and seal to be hereunto
subscribed and affixed by its proper officers first thereunto
duly authorized.
APPROVED this 4th day Of .innp P 1996
ATTESTED:
C�jlndy Mo , *eeh
,City Clerk (Seal)
APPROVED 7 TO FORM:
i
City Attorney
�
andra Jacobs, or
of the City of Segundo,
California
rW- nu+rn.ens Friday 5/3/96 9:00 AM
SHELL OIL COMPANY
8-INCH DIAMETER CARSON PLANT #6 (LAX PRODUCTS) PIPELINE
IN CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
A portion of an 8 -inch diameter pipeline,
1. entering the jurisdiction of said City at the common City of El Segundo /City of
Hawthorne boundary line on the centerline of Aviation Boulevard at a point
approximately 270 feet north of the centerline of Rosecrans Avenue;
2. thence northwesterly in Aviation Boulevard approximately 50 feet to a point on the west
right of way line thereof, said point being approximately 310 feet north of the centerline
of Rosecrans Avenue;
3. thence generally northwesterly in privately owned land various courses and distances
totaling approximately 7,243 linear feet to a point on the south right of way line of El
Segundo Boulevard, said point being approximately 185 feet east of the centerline of
Sepulveda Boulevard;
4. thence northwesterly across E1 Segundo Boulevard 154 feet to a point on the north right
of way line thereof, said point being approximately 100 feet east of the centerline of
Sepulveda Boulevard.
5. At this point the pipeline enters privately owned land and proceeds generally
northnorthwesterly therein various courses and distances totaling approximately 190
linear feet to a point on the east right of way line of Sepulveda Boulevard, said point
being approximately 200 feet north of the north right of way line of El Segundo
Boulevard;
6. thence west across Sepulveda Boulevard perpendicular to the sidelines thereof 100 feet;
thence in privately owned land northwesterly approximately 1,016 feet to a point on the
south right of way line of Grand Avenue, said point being approximately 190 feet east of
a prolongation of the centerline of Illinois Street;
8. thence north across Grand Avenue perpendicular to the sidelines thereof 60 feet to
privately owned land;
9. thence north in privately owned land 36.6 feet;
10. thence northwesterly in privately owned land 473.3 feet to a point on the east right of
way line of Illinois Street, said point being approximately 288 feet north of the north
right of way line of Grand Avenue;
482descl.doc
EXHIBIT "A"
PAGE 4 OF 6
11. thence west across Illinois Street perpendicular to the sidelines thereof 50 feet to
privately owned land;
12. thence west in privately owned land 63.3 feet;
13. thence northwesterly in privately owned land 150 feet;
14. thence northerly in privately owned land approximately 1,036 feet to a point on the south
right of way line of Mariposa Avenue, said point being approximately 143 feet west of
the centerline of Illinois Street;
15. thence north across Mariposa Avenue perpendicular to the sidelines thereof 50 feet to
privately owned land east of Washington Street;
16. thence north in privately owned land approximately 139 feet;
17, thence northwesterly in privately owned land approximately 28 feet;
18. thence north in privately owned land approximately 326 feet to a point on the south right
of way line of Palm Avenue, said point being approximately 30 feet east of the centerline
of Washington Street;
19. thence across Palm Avenue perpendicular to the sidelines thereof 40 feet to privately
owned land east of Washington Street;
20. thence north in privately owned land approximately 656 feet to a point on the south right
of way line of Maple Avenue, said point being approximately 30 feet east of the
centerline of Washington Street;
21. thence across Maple Avenue perpendicular to the sidelines thereof 50 feet to privately
owned land east of Washington Street;
22. thence north in privately owned land approximately 322 feet to a point on the south right
of way line of Sycamore Avenue, said point being approximately 30 feet east of the
centerline of Washington Street;
23. thence across Sycamore Avenue perpendicular to the sidelines thereof 50 feet to
privately owned land east of Washington Street;
24. thence north in privately owned land approximately 314 feet to a point on the south right
of way line of Walnut Avenue, said point being approximately 25 feet east of the
centerline of Washington Street;
25. thence north in Walnut Avenue approximately 15 feet;
48rr2desc l .doc
EXHIBIT "A"
PAGE 5 OF 6