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HomeMy WebLinkAboutPR 20067: CITY MANAGER TO EXECUTE AN EASEMENT WITH FLORIDA GAS TRANSMISSION, LLC P. R. No. 20067 02/19/18 gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH FLORIDA GAS TRANSMISSION, LLC FOR CONSTRUCTION OF A SIXTEEN INCH PIPELINE WITHIN THE CITY LIMITS OF PORT ARTHUR, TEXAS WHEREAS, per Resolution No. 18-021, Florida Gas Transmission, LLC("FGT") was granted Major Pipeline Permit 17-01 for the installation of a sixteen inch natural gas pipeline within the city limits of Port Arthur, Texas; and WHEREAS, Florida Gas Transmission, LLC has requested an easement for construction of a pipeline sixteen inch natural gas pipeline within the city limits of Port Arthur, Texas; and WHEREAS, Florida Gas Transmission, LLC must obtain an easement to construct the pipeline and maintenance thereof on City property; and WHEREAS, a professional appraisal of the property has been performed to determine Fair Market Value in accordance with Section 272.001(b) of the Texas Local Government Code; and WHEREAS, Florida Gas Transmission, LLC has agreed to pay the City$27,800; and WHEREAS, the City Council hereby approves an easement between the City of Port Arthur and Florida Gas Transmission, LLC, in substantially the same form as attached hereto as Exhibit "A". s,pr20067 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute the easement between the City of Port Arthur and Florida Gas Transmission, LLC, in substantially the same form as attached as Exhibit "A". Section 3. That this Easement is contingent upon receipt of payment from Florida Gas Transmission, LLC, in the amount of $27,800. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the Corporation. READ, ADOPTED AND APPROVED on this day of February, A.D., 2018, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Derrick Ford Freeman, Mayor s.pr20067 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: 1 (),a-c,p c3i, k)-cik.1 03 Val Tize t City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager s.pr20067 EXHIBIT "A" s.pr20067 Florida Gas Transmission Company An Energy Transfer/Kinder Morgan Affiliate February 6,2018 City of Port Arthur,Texas,a Municipal Corporation 444 4th Street,#301 Port Arthur,Texas 77641 RE: Offer to Acquire Easements Tract#: PAL-JF-0002.100,PAL-JF-0015.000, PAL-JF-0022.000 & PAL-JF-0026.000, Jefferson County,Texas Greetings: As you know, Florida Gas Transmission Company, LLC ("FGT") is in the process of locating and constructing one (1) pipeline along with appurtenant facilities(collectively the"Pipeline"),which will be routed across a portion of your property. The Pipeline will be an integral part of FGT's interstate natural gas pipeline system. As a result,FGT seeks to acquire certain easements,which are more particularly described in the Permanent Easement Agreement attached hereto(the"Permanent Easement"). The Pipeline will be governed by the Natural Gas Act and regulated by the Federal Energy Regulatory Commission ("FERC"). FGT holds a Certificate of Public Convenience and Necessity ("CPCN") from the FERC.FGT has applied for an amendment to the CPCN for the construction and installation of the Pipeline. FGT, in a good faith effort to reach an agreement, hereby offers to you the amount of Twenty- Three Thousand Six Hundred Dollars ($23,600.00) for the easement n (S/2) of Lot 3 and the (S/2) of the (S/2 OF E/2) of Lot 4, Block 8,Range N, One Hundred Dollars ($100.00) for the easement in Lots 7 and 8, Block 9,Range 0 and Lot 5, Block 9, Range N, Three Thousand Five Hundred Dollars ($3,500.00) for the easement in the South 561' of Lot 54 of Peek Subdivision and Six Hundred Dollars ($600.00) for the easement in part of Lots 1,2 and 3 of Port Arthur Land Co. Subdivision for a total offer amount of Twenty- Seven Thousand Eight Hundred Dollars ($27,800.00) paid proportionately based upon land ownership as full monetary compensation for the necessary easements it is seeking and damages,if any,resulting to your property as a result of the easements. FGT believes that this offer is fair, and that the amount tendered for the easements sought exceeds the Fair Market Value of the property rights FGT seeks to acquire. If you wish to accept FGT's offer,please sign and acknowledge two(2) of the Easements and return the originals to me at Florida Gas Transmission Company, P.O. Box 12310,Odessa,Texas 79768,and keep one copy for your records. Upon receipt,I will contact you to make arrangements for payment. I will need a completed and signed form W9, before I will be able to process payment. Enclosed is a blank W9 for your convenience.Of course,if you would prefer to meet,let me know and we can make arrangements for a meeting at a mutually convenient date and time. FGT is making this offer in an attempt to reach an agreement before issuance of an amendment to the existing CPCN. To this end,FGT will consider the above offer as rejected if it is not accepted within 45 days from the date of this letter. 1300 Main Street Houston,Texas 77002 (713)989-7000 I look forward to hearing from you. If you have any questions or would like to discuss this matter further you may contact me at the below listed phone number or email address or your Right-of-Way Agent, Jim Martin at 602-751-0957 or jimmartin22@live.com. Respectfully, Project Manager: Wood Group Mustang Representing: Florida Gas Transmission Company 936-544-0685 janparadis@gmail.com Enclosure Florida Gas Transmission Company,LLC—Port Arthur Lateral Tract:PAL-JF-0002.100,PAL-JF-0015.000,PAL-JF-0022.000 and PAL-JF-0026.000 NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § COUNTY OF JEFI-hRSON § PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (this "Agreement"), dated , 2018, is between City of Port Arthur, Texas, a Municipal Corporation whose mailing address is 444 4th Street, #301, Port Arthur, Texas 77641, (hereinafter referred to as "Grantor", whether one or more), and Florida Gas Transmission Company,LLC, whose mailing address is 1300 Main Street,Houston,Texas 77002, and its successors and assigns(such entity and its successors and assigns are collectively referred to as the "Grantee"). For and in consideration of the sum of TEN AND No/100 Dollars ($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a non-exclusive unobstructed permanent easement (the "Permanent Easement") for the right to survey,construct,lay,maintain,inspect,erect,alter,operate,protect,repair,replace with same or lesser size pipe,remove and,or abandon in place one(1)pipeline(the"Pipeline")along a route selected by Grantee within the Permanent Easement, together with such below ground valves (unless a valve site easement is granted hereunder, in which case, Grantee shall have the right to place the valve and related equipment both above and below ground),and below ground fittings, meters, corrosion control devices, wires, cables, markers and other equipment and appurtenances,as may be necessary or convenient for operation and maintenance of the Pipeline (collectively with the Pipeline,the"Facilities")in,over,through,upon,across,under,and along land owned by the Grantor described in the Exhibit"A"and depicted on the Exhibit"B" (the "Property"). The Permanent Easement is described and depicted on Exhibit "A" and Exhibit "B" attached hereto. Grantor further grants, sells and conveys unto Grantee a temporary construction easement depicted on the attached Exhibit"B" in order to construct the Facilities on the Property, together with additional work space, if any as described and depicted on the attached Exhibit"B"for difficult crossings such as roads,creeks and railroads(collectively,the "Temporary Construction Easement"). The easements herein granted are hereinafter referred to collectively as"Easements." It is further agreed as follows: 1. The right to use the Permanent Easement shall belong to the Grantee and its agents, employees,designees, contractors, guests,invitees,successors and assigns, and all those acting by or on behalf of it for the above stated purposes for the transportation of natural gas and entrained substances. Grantee shall have the right of ingress and egress over,across and through the Easements, and to access same from other rights-of—way or easements and roads to which Grantee has the right of access, for the above stated purposes and for all other purposes necessary and at all times convenient and necessary to exercise the rights granted by this Agreement. The term of the Temporary Construction Easement shall be for a period to extend no less than twenty-four(24) months from the date of construction commencement or until such time the right-of-way is restored in accordance with the Federal requirements and success criteria. However, if Grantee has completed its use of the Temporary Construction Easement prior to the twenty-four (24) month period and, so states in writing, then the Temporary Construction Easement shall immediately terminate. No pipeline or permanent facility or any kind or character will be constructed on the Temporary Construction Easement. 2. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills on the Permanent Easement and the Temporary Construction easement (while in effect)to ensure proper lateral and subjacent support and for drainage for the Facilities,and shall have the right to remove trees, brush, crops and other vegetation and obstructions from the Permanent Easement and Temporary Construction Easement(while in effect). Grantor Initials 3. Grantee shall have the right to install, maintain and use gates in all fences which now cross or may cross the Permanent Easement or which provide access to the Property; and Grantor shall allow Grantee to install its own lock if Grantee so chooses and Grantee shall have access (i.e., interlocking locks) through such gates. Grantee and its designated contractors, employees and invitees agree to keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder of the Property cannot stray from the fenced pastures.Grantee shall have no right to fence or enclose the Permanent Easement. Grantee shall, during the initial construction operations, maintain suitable crossings on, over, and across the Permanent Easement. 4. Grantor may use the Property within the Permanent Easement for any and all purposes not inconsistent with the Grantee's easement rights and so as not to interfere with Grantee's Facilities.Grantor's uses may include,but shall not be limited to,using the Permanent Easement and the Temporary Construction Easement for agricultural, open space,set-back,density, street, utility and roadway purposes. Grantor is permitted, after review and approval by Grantee,which will not be unreasonably withheld, to construct and install any and all streets and roadways, at any angle of not less than forty-five degrees (45°) to Grantee's Facilities, across the Permanent Easement which do not interfere with, damage, destroy or alter the operation of the Facilities, and Grantor may also construct and/or install water, sewer,gas,electric,cable TV,telephone or other utility lines across the Permanent Easement at any angle of not less than forty-five degrees (45°) to Grantee's Facilities, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement and Temporary Construction Easement(while in effect)by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of any governmental entity having authority over the Permanent Easement and the Temporary Construction Easement. Grantor must notify Grantee in writing before the construction or installation of any streets, roadways, utilities or other encroachments on the Permanent Easement. "Grantor shall be responsible for complying with any state or local "one call" requirements in the event of construction on or near the Permanent Easement." 5. Notwithstanding anything to the contrary, Grantor may not use any part of the Permanent Easement if such use may damage,destroy,injure,and/or interfere with the Grantee's use of the Permanent Easement or its Facilities. Grantor is not permitted to conduct any of the following activities on the Permanent Easement without the prior written permission of Grantee: (i) construct any temporary or permanent building or site improvements, other than streets and roads as provided above; (ii) drill or operate any well; (iii) remove soil or change the grade or slope; (iv) impound surface water; or(v) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that may interfere with the Facilities may be placed, erected, installed or permitted within or upon the Permanent Easement without the prior written permission of Grantee. In the event the terms of this paragraph are violated, Grantee shall have the immediate right to correct or eliminate such violation at the sole expense of Grantor. 6. Grantee has the right from time to time on the Permanent Easement,and without liability or compensation to Grantor,to trim,cut down or eliminate trees or shrubbery as may be necessary to prevent possible interference with the operation of the Facilities and to remove possible hazards thereto, and the right to remove or prevent the construction of, any and all buildings, structures, reservoirs or other obstructions on the Permanent Easement which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, or convenient operation of the Facilities. From and after the completion of initial construction, Grantee shall pay any damages that may arise to growing crops,timber, fences and other improvements from the construction, maintenance and operation of the Pipeline, provided that Grantee shall not be responsible for paying damages for its removal of any trees or brush (but not growing crops) from the Permanent Easement as part of its routine operations to maintain the Permanent Easement free from obstructions. Grantee will maintain the Easements (the Temporary Construction Easement only during the Initial Construction Period) clear of all litter and trash during periods of construction,operation,maintenance,repair or removal. 7. Grantor shall, to the extent owned by Grantor, retain all the oil, gas, and other minerals in, on and under the Property, including within the Permanent Easement; provided, Grantor Initials however, Grantor shall not be permitted to drill or operate equipment for the production or development of minerals within or on the Permanent Easement,but Grantor will be permitted to extract the oil and other minerals from and under the Permanent Easement by directional drilling and other means, so long as such activities do not damage,destroy, injure, and/or interfere with the Grantee's use,operation and maintenance of the Facilities or Grantee's use of the Permanent Easement for the purposes for which the Permanent Easement is sought by Grantee. 8. Upon completion of the project construction and permanent fencing destroyed or disturbed by project construction activities shall be repaired and,or re-installed by Grantee,at its sole expense,along substantially the same alignment,configuration and approximate location of the Grantor's existing fences. 9. Grantee agrees that it will fully and timely comply with all Federal laws, regulations, certificates, plans and procedures as approved by a Federal agency or any other Federal rules that apply to construction and operation of the pipeline. 10. Grantee shall have the right to adequately mark the Pipeline with permanent line markers, ground placards and test leads in order to promote public safety and the future safe operation of said pipeline,and to meet applicable governmental regulations. 11. Notwithstanding anything to the contrary herein, Grantee (except for pipeline markers and cathodic test leads, which will be placed within the Permanent Easement at road crossings,property boundaries or existing fence lines intersected by the Pipeline,unless required by applicable Department of Transportation Code regulations to be placed at other locations within the Permanent Easement, and pipeline vents which will be placed within the Permanent Easement at road crossings where required), will not construct, build, install, maintain or have any above ground structures, installations, equipment or apparatus of any kind on or within the boundaries of the Permanent Easement,unless an easement is granted herein for a valve site, in which case Grantee's valve and related facilities can be above and below ground. 12. Grantee hereby agrees to indemnify and hold Grantor harmless from and against any claim or liability or loss from personal injury,property damage resulting from or arising out of the use of the Easements by Grantee, its contractors, servants, agents or invitees, excepting, however, any and all claims, liabilities or damages as may be due to or caused by the acts of Grantor,or its servants,agents or invitees. 13. Grantee shall comply in all respects, at its sole cost, with all applicable federal, state, and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including, without limitation, the construction, use, operation, maintenance, repair and service of the Facilities. 14. Grantee shall have the right to assign this Agreement to the extent allowed by applicable law, and the rights granted hereunder, in whole or in part, to one or more assignees. All Easements, except temporary ones, shall be in perpetuity, and the provisions of this Agreement, including all benefits and burdens, shall be a covenant running with the land and shall be binding on Grantor and grantee and their respective successors and assigns. 15. All equipment, fixtures, and facilities placed on the Easements by Grantee shall be and remain the property of Grantee. Grantee shall have the right to terminate this Agreement or any portion thereof by filing a release in the same public records in which it is recorded. In the event that Grantee terminates this Agreement, in whole or part, Grantee shall have a reasonable time afterward at its sole option to either remove all of its equipment, fixtures, and facilities or to remove surface facilities and abandon subsurface facilities in-place. Following removal of its equipment and fixtures,Grantee shall restore the lands,as nearly as practicable,to the condition existing prior to termination. EXECUTED this_day of ,2018. Grantor Initials GRANTOR: City of Port Arthur,Texas,a Municipal Corporation Title ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF § On this day of , 2018, before me, a Notary Public, duly commissioned, qualified, and acting within and for the State and County aforesaid, personally appeared on behalf of City of Port Arthur, Texas,a Municipal Corporation, known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument and acknowledged that he had so voluntarily signed,executed,and delivered said instrument for the purposes therein mentioned and set forth. Notary Public,State of My Commission Expires: Return to: Florida Gas Transmission Company,LLC P.O.Box 311 Pecos,Texas 79772 Grantor Initials EXHIBIT "A" FLORIDA GAS TRANSMISSION COMPANY,LLC PORT ARTHUR LATERAL CITY OF PORT ARTHUR TRACT NO.PAL-JF-0002.100 PERMANENT EASEMENT&RIGHT OF WAY Description of a thirty(30)feet wide Permanent Easement&Right of Way situated in the B.B.B. &C.RR. CO. Survey, Abstract 91, Jefferson County, Texas and being over, through and across the City of Port Arthur called 4.092 acre tract of land described by an instrument recorded in Volume 1433, Page 419 of the Deed Records of Jefferson County,Texas and being part of Lot 4,Block 8,Range N of the Port Arthur Land Company Subdivision as per map or plat thereof recorded in Volume 1, Page 21 of the Map Records of Jefferson County, Texas, said thirty(30)feet wide Permanent Easement&Right of Way being situated fifteen(15)feet on each side of the herein described baseline, the sidelines of said Permanent Easement&Right of Way being lengthened or shortened to meet the boundary lines of said 4.092 acre tract,said baseline being more particularly described as follows: COMMENCING at a fence post found on the westerly right of way of Highway 73,marking the southeast corner of said Lot 4;THENCE North 36°29' 44"East,with said westerly right of way,a distance of 128.02 feet to the POINT OF BEGINNING; THENCE North 53°54'24"West,a distance of 127.20 feet to a point; THENCE South 36°05'36"West,a distance of 28.96 feet to a point; THENCE South 75° 35' 24" West, a distance of 152.61 feet, to the POINT OF TERMINATION on the southwest line of said Block 8,Range N,from which the southeast corner of said Block 8,Range N bears South 53° 25' 21" East, a distance of 222.98 feet. Said baseline having a total distance of 308.77 feet (18.71 rods), said Permanent Easement&Right of Way containing 0.213 acre of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates, South Central Zone 4204,North American Datum of 1983,U.S. Survey Feet,as derived from an on the ground survey performed by TRC Pipeline Services LLC,conducted in August of 2016. For reference and further information see Exhibit"B",drawing number PAL-JF-0002.100,Rev.2,same date. '7- - Philip G.Nolan Date: Registered Professional Land Surveyor Texas Registration No.6061 F • O. F� Survey Firm License No. 10193802 .�,,����agT go;qs "pl.......NOIAN ,� 'zA 606 ZiAt1 ♦ tigOFEsS`?r.k� 14'6' U Rc • SHEET NO 1 OF 2 EXHIBIT "B" JEFFERSON COUNTY, TX B.B.B. &C.R.R. CO.SURVEY,A-91 LOT 4, BLOCK 8, RANGE N OF THE PORT ARTHUR LAND COMPANY SUBDIVISION PAL-JF-0002.100 CITY OF PORT ARTHUR . CALLED 4.092 ACRES VOLUME 1433,PAGE 419 /�:: :.:`, D.R.J.C.T. �����.NA :: ::: . VICINITY:' N.T.S. 40'WIDE RIGHT OF WAY ♦'�♦.. \\...... .♦♦♦..\` THE PORT ARTHUR LAND Co. `♦.'♦� . ������♦� SUBDIVISION ����\ ♦ "ii. �������� VOLUME 1,PAGE 21 ���� `� M.R.J.C.T. �♦r♦��•�• `•�♦�♦�♦�♦�•�•�♦���\ .........iii.: 100,•. ST 5" 72j �••�♦.♦�♦.S.40, X15 N. t .2p, 4*/ -...4. , 4/ fe,/ ..iz- N. TERMIPNATT ION \+\ i .40 30' WIDE P.E.R.W. POINT OF + 6, BEGINNING N 45' WIDE T.W.S. tom' N. +\ AA +� �s2 +N ''2 +�+ 29e i �+ �+ \ �+ \+ i POINT OF COMMENCING N+ SEc LOT 4 �� FND. PAL-JF-0003.000 FENCE POST TEXACO DOWNSTREAM PROPERTIES INC., SEc BLOCK 8, CALLED 18.788 ACRES RANGE N C.C.F.NO.2007011535 �\/ O.P.R.J.C.T. /+ _ 4- END.4" /� CONCRETE 4. MONUMENT 1A ` it, NOTES TOTAL DISTANCE ACROSS PROPERTY: 306.77 FEET 1. ALL BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS OR 18.71 RODS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NORTH I I TOTAL AREA OF P.E.R.W.: 0.213 ACRE AMERICAN DATUM OF 1983 [NAD83(2011)(EPOCH:2010.0000)], U.S. SURVEY FEET, AS DERIVED FROM AN ON 7HE GROUND SURVEY PERFORMED BY TRC ® TOTAL AREA OF T.W.S.: 0.169 ACRE PIPELINE SERVICES LLC IN AUGUST 2016. TOTAL AREA OF A.T.W.S.: 0.252 ACRE 2. THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN HEREIN. IS BASED UPON A LIMITED TITLE CERTIFICATE (LT.C.) PREPARED FOR TRACT NO. PAL-JF-0002.100, DATED 5/8/17 CONDUCTED BY REPRESENTATIVES OF FLORIDA GAS IFC.FC1P TRANSMISSION COMPANY. LLC. THE LT.C. USTED ABOVE USTS ONLY THOSE EASEMENTS OF RECORD THAT WERE EXECUTED DURING THE TIME OF THE I.R. IRON ROD UMITED SEARCH PERIOD (30 YEARS), WHICH ARE NOT SHOWN HEREON. NO I.P. IRON PIPE OTHER TITLE WORK WAS PERFORMED BY THE UNDERSIGNED SURVEYOR. FND. FOUND N.T.S. NOT TO SCALE 3. SEE EXHIBIT "A° FOR DESCRIPTION. T.W.S. TEMPORARY WORKSPACE A.T.W.S. ADDMONAL TEMPORARY WORKSPACE 4. ADDITIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION-RELATED ACTIVITIES P.E.R.W. PERMANENT EASEMENT & RIGHT OF WAY FOR THIS PIPELINE C.C.F. NO. COUNTY CLERK FILE NUMBER 5. THIS SURVEY WAS PERFORMED FOR'THE SPECIFIC PURPOSE OF ESTABLISHING A O.P.R.AJ.C.T. OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TX BASEUNE. MAPPING SELECTED FEATURES, AND LOCATING NECESSARY LAND LINES — BROKEN LINE NOT SCALABLE FOR EASEMENT ACOUISITION FOR A PIPEUNE AND TO IDENTIFY THE LOCATION OF _k___ PROPERTY UNE THE EASEMENT(S). BASELINE 25 0 25 50 —I IEXISTING PIPEUNE --_= 6. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED AND SEALED —R/w— RIGHT OF WAY GRAPHIC SCALE IN FEET BY THE SURVEYOR WHOSE NAME APPEARS BELOW, IT S • LD BE CONSIDERED AS A COPY AND NOT THE ORIGINAL FLORIDA GAS TRANSMISSION COMPANY, LLC op F+. , '- -%c AY 4.6 it. , DWG BY: JCL PORT ARTHUR LATERAL ! PERMANENT EASEMENT&RIGHT OF WAY q }•••• CKD BY: TRC N ACROSS THE PROPERTY OF \`•,�?' ` - (%. p"G ►JO ";••••A MAP DATE: 7127/17 CITY OF PORT ARTHUR lik •"B� '� r SCALE: 1"=50' PHILIP C.•R•LAN .......6-061 Q JEFFERSON COUNTY,TX REGISTERED PROFESSIONAL LAND SURVEYOR ,••( p8•sl. y� r REV# DATE DESCRIPTION TEXAS SURVEYFIRMTRATION NO.UCENSE NO. 10193802 , "�V���'' 2 7/27/17 REVISED DESCRIPTION,COMMENCING CALL 16350 Park Ten Place 1 7/14/17 REVISED BASELINE,P.E.R.W.,T.W.S.,A.T.W.S. T Houston,TX 77064 �T, (261)616-0100 DRAWING: PAL-JF-0002.1001 SHEET NO. 2 OF 2 EXHIBIT "A" FLORIDA GAS TRANSMISSION COMPANY,LLC PORT ARTHUR LATERAL CITY OF PORT ARTHUR TRACT NO.PAL-JF-0015.000 PERMANENT EASEMENT& RIGHT OF WAY Description of a thirty(30)feet wide Permanent Easement&Right of Way situated in the B.B.B.&C.RR.CO. Survey, Abstract 85, Jefferson County, Texas and being over, through and across the City of Port Arthur called 1.136 acre tract of land described by an instrument recorded in Volume 2369, Page 436 of the Official Public Records of Jefferson County,Texas(O.P.R.J.C.T.),said thirty(30)feet wide Permanent Easement&Right of Way being situated fifteen (15) feet on each side of the herein described baseline, the sidelines of said Permanent Easement&Right of Way being lengthened or shortened to meet the boundary lines of said 1.36 acre tract, said baseline being more particularly described as follows: BEGINNING at a point (N: 13910141.10, E: 3555097.55), on the southeast line of said 1.36 acre tract and the northwest line of Tract Four,a called 152.576 acre tract of land described by an instrument recorded under County Clerks File Number(C.C.F.No.) 1999035119 of the O.P.R.J.C.T.; THENCE North 53° 23' 23" West, a distance of 30.00 feet, to the POINT OF TERMINATION (N: 13910159.00,E:3555073.47)on the northwest line of said 1.36 acre tract and the most northerly southeast line of said Tract Four. Said baseline having a total distance of 30.00 feet(1.82 rods),said Permanent Easement&Right of Way containing 0.021 acre of land. All bearings and distances shown herein are grid,based upon Texas State Plane Coordinates, South Central Zone 4204,North American Datum of 1983,U.S. Survey Feet, as derived from an on the ground survey performed by TRC Pipeline Services LLC,conducted in August of 2016. For reference and further information see Exhibit"B",drawing number PAL-JF-0015.000,Rev.1,same date. • * JEFFREY LEE WOODSON►r k4 6246 + -4/7ArT //7.e-72G' Jefiey Lee Woodson Date: Registered Professional Land Surveyor Texas Registration No.6246 Survey Firm License No. 10193802 SHEET NO. 1 OF 2 EXHIBIT "B" / JEFFERSON COUNTY, TX B.B.B.! /4/7/ & C.R.R. CO. SURVEY, A-85 LOT 5, BLOCK 9, RANGE N OF THE PORT ARTHUR LAND COMPANY SUBDIVISION a, �/ / VICINITY MAP PAL-JF-0016.000 N.T.S. ENTERGY TEXAS, INC. / CALLED 115.03 ACRES C.C.F.NO.639670 • BOOK 1344,PAGE 424 4„ O.P.R.J.C.T. / POINT OF / 30' WIDE P.E.R.W. TERMINATION 4%, 45' WIDE T.W.S. N:13910159.00 ., E:3555073.47 ,,4111r4.: .� / � N53'23'23'W-30.00' • POINT OF BEGINNING //:K N:15090 '1 E:3555097.55 /ro PAL-JF CITY OF PORTRT ARTHUR HUR CALLED 1.36 ACRES VOLUME 2369,PAGE 436 O.P.R.J.C.T. ro 4....',/ ,� PAL-JF-0014.000 ANGEL MID JEFF COUNTY J.V. 4..� / TRACT FOUR // CALLED 152.576 ACRES /'� C.C.F.NO.O.1991999035119 O.P.R.J.C.T. / ro Q.•, / // 7 NOTES 1. ALL BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS TOTAL DISTANCE ACROSS PROPERTY: 30.00 FEET STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE 4204. NORTH AMERICAN DATUM OF 1983 [NA083(2011)(EPOCH:2010.0000)], U.S. SURVEY OR 1.82 RODS FEET, AS DERIVED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC I I TOTAL AREA OF P.ERW.: 0.021 ACRE PIPELINE SERVICES LLC IN AUGUST 2016. ® TOTAL AREA OF T.W.S.: 0.031 ACRE 2. THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN HEREIN. IS BASED UPON A UNITE)TITLE CERTIFICATE (LT.C.) PREPARED FOR TRACT NO. PAL—JF-0015.000, 1 FUND DATED 4/8/17 CONDUCTED BY REPRESENTATIVES OF FLORIDA GAS TRANSMISSION COMPANY, LLC. THE LT.C. USTED ABOVE LISTS ONLY THOSE I.R. IRON ROD EASEMENTS OF RECORD THAT WERE EXECUTED DURING THE TIME OF THE I.P. IRON PIPE UMITED SEARCH PERIOD (30 YEARS), WHICH ARE NOT SHOWN HEREON. NO END. FOUND OTHER TITLE WORK WAS PERFORMED BY THE UNDERSIGNED SURVEYOR. N.T.S. NOT TO SCALE T.W.S. TEMPORARY WORKSPACE 3. SEE EXHIBIT "A" FOR DESCRIPTION. A.T.W.S. ADDITIONAL TEMPORARY WORKSPACE PERMANENT 4. ADDITIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION—RELATED ACTIVITIES C.C.F.WNO. COUNTY CLERK FILE NUM ERHT OF WAY FOR THIS PIPELINE 0.P.R.J.C.T. OFFICIAL PUBLIC RECORDS OF Jth htNSON COUNTY, TX 5. THIS SURVEYWAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABLISHING A _ BROKEN UNE NOT SCALABLE BASELINE, MAPPING SELECTED FEATURES, AND LOCATING NECESSARY LAND UNES � PROPERTY UNE FOR EASEAENT ACQUISITION FOR A PIPELINE AND TO IDENTIFY THE LOCATION OF BASELINE — THE EASEMENT(S). ate— EXISTING PIPELINE 50 0 50 100 —AM— RIGHT OF WAY I�-�—_IIIIIIIIIM 6. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED AND SEALED GRAPHIC SCALE IN FEET BY THE SURVEYOR WHOSE NAME APPEARS BELOW. IT SHOULD BE CONSIDERED AS A COPY AND NOT THE ORIGINAL N. FLORIDA GAS TRANSMISSION COMPANY, LLC OF • 1 STE-R DWG BY: LAT PORT ARTHUR LATERAL A FO 1 CKD BY: TRC PERMANENT EASEMENT&RIGHT OF WAY �� / � ••rr'�-rr •.1. 1 MAP DATE: 1/24/18 ACROSS THE PROPERTY OF �Q'A.EE `".� �C. l i� '- -E `WU�SON► CITY OF PORT ARTHUR �d€F 5T'ERED SON \ / SCALE: 1"=100' JEFFERSON COUNTY,TX REGI ROFESSIONAL LAND SURVEYOR TPA AS REGISTRATION NO. 6246 •.... 6246 / REV# DATE DESCRIPTION SURVEY FIRM LICENSE NO. 10193802 ),-7"..frES S,0'QQ�/ -0.;,s4 1 1/24/18 ADDED TEMPORARY WORKSPACE C16350 Park Ten Mace SUi TRC Housman,Tx 77oea !t' 0 5/8/17 CERTIFIED w..r,�„r., (281)616-0100 DRAWING:5/9/17 SHEET NO. 2 OF 2 EXHIBIT "A" FLORIDA GAS TRANSMISSION COMPANY,LLC PORT ARTHUR LATERAL CITY OF PORT ARTHUR,TEXAS TRACT NO.PAL-JF-0022.000 PERMANENT EASEMENT&RIGHT OF WAY Description of a thirty (30) feet wide Permanent Easement& Right of Way situated in the T. &N.O. RR. Co. Survey,Abstract 239,Jefferson County,Texas and being over,through and across the City of Port Arthur,Texas, called 4.25 acre tract of land described by an instrument recorded under County Clerk File Number(C.C.F.No.) 1052737 in Book 2239, Page 216 of the Deed Records of Jefferson County, Texas, said thirty (30) feet wide Permanent Easement&Right of Way being situated fifteen(15)feet on each side of the herein described baseline, the sidelines of said Permanent Easement & Right of Way being lengthened or shortened to meet the boundary lines of said 4.25 acre tract,said baseline being more particularly described as follows: BEGINNING at a point (N: 13916015.55, E: 3549513.10) on the southeast line of said 4.25 acre tract and the northwest line of a tract of land described by an instrument recorded under C.C.F.No.2008029900 of the Official Public Records of Jefferson County,Texas(O.P.R.J.C.T.); THENCE North 53° 16' 12" West, a distance of 561.00 feet, to the POINT OF TERMINATION (N: 13916351.05,E: 3549063.48)on the northwest line of said 4.25 acre tract and the southeast line of a tract of land described by an instrument recorded under C.C.F.No.2005028255 of the O.P.R.J.C.T. Said baseline having a total distance of 561.00 feet(34.00 rods),said Permanent Easement&Right of Way containing 0.386 acre of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates, South Central Zone 4204,North American Datum of 1983,U.S. Survey Feet,as derived from an on the ground survey performed by TRC Pipeline Services LLC,conducted in August of 2016. For reference and further information see Exhibit"B",drawing number PAL-JF-0022.000,Rev.0,same date. 5 —I9 - 17 Philip G.Nolan Date: Registered Professional Land Surveyor Texas Registration No.6061 Survey Firm License No. 10193802 0.F .......... EA �•tQ ►�ec�0 • ...•6p..ori jO q rf l •..FES.. CG i SHEET NO. 1 OF 2 Nf EXHIBIT "B" NN,„ JEFFERSON COUNTY, TX P T&NO RR CO SURVEY,A-239 \ LOT 54 OF THE PEEK P SUBDIVISION N. PAL-JF-0023.000 >Ne ISYAGHA M.OMAR C.C.F.NO.2005028255 `s \ O.P.R.J.C.T. / !\ VICINITY MAP t N.T.S. \! POINT OF TERMINATION �, \'N..N:13916351.05 / PAL-JF-0022.000 aE\63.48 CRY OF PORT ARTHUR,TEXAS IN.,. \CALLED 4.25 ACRES N., NN / C.C.F.NO.91052737 AGE21 t\ BOOK 2239,PAGE 216 D.R.J.C.T. N 4/ DE P.E.R.W. N53.16'12'W-561.00' / h PAL-JF-0019.000 POINT OF ENTERPRISE TE PRODUCTS BEGINNING PIPELINE COMPANY, LLCN:13916015.55 C.C.F.NO.2008029900 ----...7qc„ E:3549513.10 0.P.R.J.C.T. NOTES 1. ALL BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS TOTAL DISTANCE ACROSS PROPERTY: 561.00 FEET STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE 4204, NORTH OR 34.00 RODS AMERICAN DATUM OF 1983 (NAD83(2011)(EPOCH:2010.0000)], U.S. SURVEY I I TOTAL AREA OF P.E.R.W.: 0.386 ACRE FEET, AS DERIVED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC PIPELINE SERVICES LLC IN AUGUST 2016. 2. THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN HERON, IS BASED UPON A LIMITED TITLE CERTIFICATE (LT.C.) PREPARED FOR TRACT NO. PAL-JF-0022.000, I FEND DATED 04/08/2017 CONDUCTED BY REPRESENTATIVES OF FLORIDA GAS TRANSMISSION COMPANY, LLC. THE LT.C. USTED ABOVE USTS ONLY THOSE I.R. IRON ROD EASEMENT'S OF RECORD THAT WERE EXECUTED DURING THE TIME OF THE I.P. IRON PIPE LIMITED SEARCH PERIOD (30 YEARS), WHICH ARE NOT SHOWN HEREON. NO FRO. FOUND OTHER TITLE WORK WAS PERFORMED BY THE UNDERSIGNED SURVEYOR. N.T.S. NOT TO SCALE T.W.S. TEMPORARY WORKSPACE 3. SEE EXHIBIT 'A' FOR DESCRIPTION. A.T.W.S. ADDITIONAL TEMPORARY WORKSPACE P.E.R.W. PERMANENT EASEMENT & RIGHT OF WAY 4. ADDITIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION-RELATED ACTIVITIES C.C.F. NO. COUNTY CLERK FILE NUMBER FOR THIS PIPEUNE. O.P.R.J.C.T. OFFICIAL PUBUC RECORDS OF JEFFERSON COUNTY, TX 5. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABLISHING A D.R.J.C.T. DEED RECORDS OF JEFFERSON COUNTY, TX BASELINE. MAPPING SELECTED FEATURES, AND LOCATING NECESSARY LAND UNES BROKEN UNE NOT SCALABLE -t- PROPERTY LINE FOR EASEMENT ACOUISITION FOR A PIPELINE AND TO IDENTIFY THE LOCATION OF THE EASEMENT(s). BASELINE 50 0 50 100 —1 s- EXISTING PIPEUNE 8111 MI 6. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED AND SEALED —nm— RIGHT OF WAY GRAPHIC SCALE IN FEET BY THE SURVEYOR WHOSE NAME APPEARS BELOW IT SH•.• : CONSIDERED AS A COPY AND NOT THE ORIGINAL - FLORIDA GAS TRANSMISSION COMPANY, LLC • pF q r 44� 5),A, 0' DWG BY: LAT PORT ARTHUR LATERAL A COI - lln »••••• CKD BY: TRC PERMANENT EASEMENT&RIGHT OF WAY ..i•�•'•" ............... ACROSS THE PROPERTY OF PHILIP O MAP DATE: 5/18/17 ` .-•`l 9 -.�J .............8061 i r CITY OF PORT ARTHUR TEXAS PH UP NOLANOji;:0Q'� SCALE: 1' 100' JEFFERSON COUNTY,TX REGISTERED PROFESSIONAL LAND SURVEYOR '( FESg�.••'^� TEXAS REGISTRATION NO. 6061 ti fG • REV# DATE DESCRIPTION SURVEY FIRM LICENSE NO. 10193802 e)SUpv i 0 5/19/17 CERTIFIED /� 16350 Park Ten Place Houston,TX 77084 �T��pp�"'��/�����ft,....,,,w (281)616-0100 DRAWING: PAL-JF-0022.000 SHEET NO. 2 OF 2 EXHIBIT "A" FLORIDA GAS TRANSMISSION COMPANY,LLC PORT ARTHUR LATERAL CITY OF PORT ARTHUR TRACT NO.PAL-JF-0026.000 PERMANENT EASEMENT&RIGHT OF WAY Description of a thirty(30)feet wide Permanent Easement&Right of Way(P.E.R.W.)situated the T&NO RR CO Survey, Section 7, Abstract 239, Jefferson County, Texas and being over, through and across the City of Port Arthur's called 1.874 acre tract of land, described by an instrument recorded under County Clerk File Number (C.C.F. No.) 1055895, (Volume 2248, Page 158) of the Official Public Records of Jefferson County, Texas (O.P.R.J.C.T.),said thirty(30)feet wide Permanent Easement&Right of Way being situated fifteen(15)feet on each side of the herein described baseline, the sidelines of said Permanent Easement & Right of Way being lengthened or shortened to meet the boundary lines of said 1.874 acre tract,said baseline being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found on a southeasterly line of Parcel 5A,a called 138.568 acre tract of land described by an instrument recorded under C.C.F. No. 2001008588 of the O.P.R.J.C.T, marking the most westerly,north exterior corner of said 1.874 acre tract;THENCE South 32° 10'23"West,a distance of 373.92 feet to the POINT OF BEGINNING on a southeasterly line of said 1.874 acre tract and northwesterly line of the remainder of a called 33.343 acre tract of land described by an instrument recorded under C.C.F.No.2001006798 of the O.P.R.J.C.T.; THENCE North 53° 23' 08" West, a distance of 29.95 feet, to the POINT OF TERMINATION on the southeasterly line of said Parcel 5A and the northwesterly line of said 1.874 acre tract and from which said 1/2 inch iron rod,bears North 36°46'05"East,a distance of 372.80 feet,said baseline having a total distance of 29.95 feet (1.82 rods),said Permanent Easement&Right of Way containing 0.021 acre of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates,South Central Zone 4204,North American Datum of 1983,U.S. Survey Feet, as derived from an on the ground survey performed by TRC Pipeline Services LLC,conducted in August of 2016. For reference and further information see Exhibit"B",drawing number PAL-JF-0026.000,Rev. 1,same date. Philip G.Nolan Date: Registered Professional Land Surveyor Texas Registration No.6061 Survey Firm License No. 10193802 .q OF F • eV I�P•�4,gTEAF`f.9 � PHILIP G NOLAN •• o� 6061 p�;Q v 9 oFess�°`''O r ..0 SHEET NO. 1 OF 2 EXHIBIT "B" / JEFFERSON COUNTY, TX /N/N T&NO RR CO SURVEY, SECTION 7,A-239 / FND.1/2'I.R. /4POINT OF COMMENCING t\ * 4 t >\ 4+/ VICINITY MAP t !� N.T.S. //41.../, \ N36°46'05'E-372.80' 4 N./.V' / / S32°10'23"W-373.92' PAL-JF-0027.000 44.. JEFFERSON COUNTY / PARCEL 5A /4. CALLED 138.568C.C.F.NO.2001ACRES 008588 /4, / O.P.R.J.C.T. POINT OF 4, TERMINATION N53°23'08"W-29.95' 411111,.. lib I' POINT OF 30' WIDE P.E.R.W. BEGINNING /4 /4 4 4 PAL-JF-0026,000 5 / CITY OF PORT ARTHUR,TEXAS 4 CALLED 1.874 ACRES /4' C.C.F.N , BOOK 2248,PAGEAGE 1 158 4 O.P.R.J.C.T. 4+4/ 4. / PAL-JF-0025.000 / COUNTY OF JEFFERSON 4, TRACT 1 / REMAINDER OF A CALLED 33.343 ACRES C.C.F. .P.R.J .T06798 O.P.R.J.C.T. ty NOTES 1. ALL BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS TOTAL DISTANCE ACROSS PROPERTY: 29.95 FEET STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM OF 1983 [NAD83(2011)(EPOCH:2010.0000)], U.S. SURVEY OR 1.82 RODS FEET, AS DERIVED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC I I TOTAL AREA OF P.E.R.W.: 0.021 ACRE PIPELINE SERVICES LLC IN AUGUST 2016. 2. THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN HEREIN. IS BASED UPON A LIMITED TITLE CERTIFICATE(LT.C.) PREPARED FOR TRACT NO. PAL—JF-0026.000, 1FITFND DATED 08/03/2016 CONDUCTED BY REPRESENTATIVES OF FLORIDA GAS TRANSMISSION COMPANY. LLC. THE LT.C. USTED ABOVE LISTS ONLY THOSE I.R. IRON ROD EASEMENTS OF RECORD THAT WERE EXECUTED DURING THE TIME OF THE I.P. IRON PIPE LIMITED SEARCH PERIOD (30 YEARS), WHICH ARE NOT SHOWN HEREON. NO FND. FOUND OTHER TITLE WORK WAS PERFORMED BY THE UNDERSIGNED SURVEYOR. N.T.S. NOT TO SCALE T.W.S. TEMPORARY WORKSPACE 3. SEE EXHIBIT'A° FOR DESCRIPTION. A.T.W.S. ADDITIONAL TEMPORARY WORKSPACE P.E.R.W. PERMANENT EASEMENT & RIGHT OF WAY 4. ADDITIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION—RELATED ACTIVITIES C.C.F. NO. COUNTY CLERK FILE NUMBER FOR THIS PIPELINE O.P.R.J.C.T. OFFICIAL PUBUC RECORDS OF JEFFERSON COUNTY, TX 5. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABUSHING A D.R.J DEED NECORDS OF JEFFERSON COUNTY, TX BASEUNE, MAPPING SELECTED FEATURES,AND LOCATING NECESSARY LAND UNES PROPER UNE NOT SCALABLE FOR EASEMENT ACQUISITION FOR A PIPELINE AND TO IDENTIFY THE LOCATION OF PROPERTY LINE THE EASEMENT(S). BASELINE 50 0 50 100 --I i-- BUSTING PIPELINE ====1111111=11111111111 6. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED AND SEALED —e',— RIGHT OF WAY GRAPHIC SCALE IN FEET BY THE SURVEYOR WHOSE NAME APPEARS BELOW, R SHOULD BE CONSIDERED AS A COPY AND NOT THE ORIGINAL FLORIDA GAS TRANSMISSION COMPANY,LLC -,' OF s" ,`p"'GiSTEq�-f.•, DWG BY: RMC PORT ARTHUR LATERAL ,A 0,11' * F0 N k CKD BY: TRC PERMANENT EASEMENT&RIGHT OF WAY 1 MAP DATE: 7/17/17 ACROSS THE PROPERTY OF C4- _1 1 l. PHILIP G NOLAN - CITY OF PORT ARTHUR,TEXAS PHILIP G. LAN i r: I SCALE: 1"=100' JEFFERSON COUNTY,TX REGISTERED PROFESSIONAL LAND SURVEYOR If ':'y fi061 Pv; TEXAS REGISTRATION NO. 6081 V 9•'OA'fSS10 :0 f REV# DATE DESCRIPTION SURVEY FIRM UCENSE NO. 10193802 .-rQ''.............. -• SURVJI� 0 04/12/17 CERTIFIED 16350 Park Ten Place A- Houston,TX 77084 1 7117/17 REMOVED WORKSPACE w..r��„N (281)616-0100 DRAWING: PAL-JF-0026.000 SHEET NO. 2 OF 2