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HomeMy WebLinkAboutPR 20781: UTILITY EASEMENT ON THE FOLLOWING TRACTS: TX-JE-045 AND TX-JE-054 FOR A TRANSISSION LINE BY ENTERGY , . City of \ — nrt rthu www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 1, 2019 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Alberto Elefano, P.E., City Engineer/Interim Director of Public Works RE: P.R. 20781— Utility Easement on the following tracts: TX-JE-045 and TX-JE-054 for a Transmission Line by Entergy Introduction: Entergy needs a utility easement to build a transmission line on the City of Port Arthur's property. The following are the City of Port Arthur's tracts of land: TX-JE-045 and TX-JE-054. The City shall grant an easement to Entergy on the condition they will not build within two feet of the edges of any existing drainage ditch within the said easement. Background: Tract TX-JE-045 being 1.874 acres of land located in Jefferson County, Texas with an appraised value of$23,000.00 Tract TX-JE-054 being 0.0072 acres of land located in Jefferson County,Texas with an appraised value of$100.00 The City's accepts the utility easement for the transmission line on the condition that Entergy will not build within two feet of the edges of a drainage ditch within the said easement. Funding Available: No additional funding is needed. Entergy is offering the following compensation for the easements: Tract TX-JE-045 - $23,000.00 Tract TX-JE-054- $1,000.00 "Remember, %re are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 Recommendation: Accept the utility easement on the following tracts: TX-JE-045 and TX-JE-054 for a transmission line by Entergy at no cost to the city. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. 20781 04/4/19 ace RESOLUTION NO. A RESOLUTION ACCEPTING A UTILITY EASEMENT ON THE FOLLOWING TRACTS: TX-JE-045 AND TX-JE-054 FOR A TRANSMISSION LINE BY ENTERGY TEXAS, INC. WHEREAS, Entergy Texas, Inc. has determined it is necessary and in the public interest to purchase certain necessary permanent and temporary easement rights which are specifically identified and described in the attached Exhibit "A" (TX-JE-045) and Exhibit "B" (TX-JE-054); and, WHEREAS, Entergy Texas, Inc. shall compensate the City for accepting the Utility Easement at the following monetary amount for each tract: TX-JE-045 - $23,000.00 and TX-JE-054 - $1,000.00; and, WHEREAS, Entergy Texas, Inc. shall not install any equipment within two (2) feet of the edges of any existing drainage ditch within the said easement; and, WHEREAS, the City Council deems it appropriate to accept the Utility Easement on the following tracts: TX-JE-045 and TX-JE-054 for a transmission line on the condition that Entergy Texas Inc. will not install equipment within two (2) feet of the edges of any existing drainage ditch; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized and instructed to execute and accept a Utility Easement for the purpose of constructing a transmission line, in P.R. 20781 Page 2 substantially the same form as described in the following: Exhibit "C" (TX-JE-045) and Exhibit "D" (TX-JE054) attached and made a part hereof; and, THAT, said Utility Easement shall be filed for record in the office of the County Clerk of Jefferson County, Texas; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2019 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Derrick Freeman Attest: Mayor Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: ma, OA 111 7 U� V LfTize,. Rebecca Underhill City , orn- Interim City Manager Fittz & Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman,P.E.,Senior Consultant Bernardino D.Tristan,P.E. Billy J.Smith,Jr.,President Jason R.Davis,P.E. Daniel A.Dotson,P.E.,Vice President Mitchell L.Brackin,R.P.L.S. EXHIBIT A, PAGE 1 OF 2 FIELD NOTE DESCRIPTION OF A 0.7564 ACRE TRACT FOR A PARTIAL 125' WIDE ENTERGY EASEMENT OUT OF THE T. & N.O.R.R. SURVEY, SECTION 7, ABSTRACT 239 JEFFERSON COUNTY, TEXAS SEPTEMBER 16, 2018 That certain 0.7564 acre tract for a partial 125' wide Entergy easement across the remainder of a called 1.874 acre tract conveyed to the City of Port Arthur, Texas as recorded in Volume 2248, Page 158 of the Deed Records of Jefferson County, Texas out of the T. & N.O.R.R. Survey, Section 7, Abstract 239, Jefferson County, Texas, said 0.7564 acre tract being more particularly described by metes and bounds as follows: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone#4204. COMMENCING at a capped iron rod "Arceneaux" (N=13,918,884.03, E=3,546,738.54) found in the southwesterly line of a called 32.202 acre tract conveyed to Jefferson County, Texas as recorded in Clerks File No. 2001015448 of the Official Public Records of Jefferson County, Texas for the east corner of a called 138.568 acre tract (Parcel 5A) conveyed to Jefferson County as recorded in Clerks File No. 2001008588 of the Official Pubic Records of Jefferson County, Texas and the north corner of a called 1.002 acre tract conveyed to Pennzoil Pipeline Company as recorded in Volume 1624, Page 10 of the Deed Records of Jefferson County, Texas; THENCE South 53°19'41" West along the said southwesterly line of the 32.202 acre tract and the northeasterly line of the said 1.002 acre tract a distance of 209.00 feet (called 209') to a point for the northwest corner of the remainder of a called 0.473 acre tract (Tract 2) conveyed to County of Jefferson as recorded in Clerks File No. 2001006798 of the Official Pubic Records of Jefferson County, Texas and the east corner of the said 1.002 acre tract; THENCE South 36°39'26"West along the westerly line of the said 0.473 acre tract and the southeasterly line of the said 1.002 acre tract a distance of 20.00 feet to a point for the southwest corner of the said 0.473 acre tract, the most northerly north corner of the said 1.874 acre tract, the northwest corner of the said 0.7564 acre tract and the POINT OF BEGINNING; THENCE South 53°19'41" East along the southerly line of the said 0.473 acre tract and a northeast line of the said 1.874 and 0.7564 acre tracts a distance of 1013.40 feet (called South 48°47'00" East) to a point in the northwesterly right-of-way line of F.M. Highway 365 for the northeast corner of the said 0.7564 acre tract from which a TxDot monument found in the north line of the said 0.473 acre tract for the south corner of Lot 1 of Williamson Industrial Park, Phase 1, a plat recorded in Clerks File No. 2015021545 of the Official Public Records of Jefferson County, Texas bears North 36°26'32" East 20.00 feet; 1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238• Fax(409)832-7303 Texas Board of Professional Engineers Firm No. I160•Texas Board of Professional Land Surveyors Firm No.100186 EXHIBIT A, PAGE 2 OF 2 THENCE South 36°26'32" West along the said northwesterly right-of-way line of F.M. Highway 365 and the east line of the said 0.7564 acre tract a distance of 30.49 feet to a ''/2' iron rod found in a southerly line of the said 1.874 acre tract for the east corner of a called 4.985 acre tract conveyed to Total Safety US, Inc. as recorded in Clerks File No. 2014005622 of the Official Public Records of Jefferson County, Texas and the most easterly southeast corner of the said 0.7564 acre tract from which a capped iron rod "Arceneaux"found for the south corner of the said 4.985 acre tract bears South 36°37'09"West 546.51 feet (called South 36°39'10" West 546.90 feet); THENCE North 53°19'40" West along the northeasterly line of the said 4.985 acre tract and the remainder of a called 6.612 acre tract conveyed to Service Zone, Inc. as recorded in Clerks File No. 2010000302 of the Official Public Records of Jefferson County, Texas and a southerly line of the said 1.874 and 0.7564 acre tracts a distance of 638.44 feet (called North 48°47'00" West) to a capped iron rod "Arceneaux"found for the north corner of the said 6.612 acre tract and an angle point of the said 0.7564 acre tract; THENCE North 53°16'27"West along a northeasterly line of the remainder of a called 33.816 acre tract (Tract 1) conveyed to the County of Jefferson as recorded in Clerks File No. 2001006798 of the Official Public Records of Jefferson County, Texas and the said southerly line of the 1.874 and 0.7564 acre tracts a distance of 344.96 feet (called North 48°47'00"West) to a capped iron rod "Wortech" found fora north corner of the said 33.816 acre tract and an interior corner of the said 1.874 and 0.7564 acre tracts; THENCE South 36°44'05" West along a westerly line of the said 33.816 acre tract and an easterly line of the said 1.874 and 0.7564 acre tracts a distance of 70.11 feet (called South 41°13'00"West)to a point for the most southerly southeast corner of the said 0.7564 acre tract; THENCE North 54°27'51"West along the south line of the said 0.7564 acre tract a distance of 30.02 feet to a point in the said southeasterly line of the1.002 acre tract and a westerly line of the said 1.874 acre tract for the southwest corner of the said 0.7564 acre tract; THENCE North 36°39'26" East along the said southeasterly line of the 1.002 acre tract and the said westerly line of the said 1.874 and 0.7564 acre tracts a distance of 100.86 feet (called North 41°13'00" East)to the POINT OF BEGINNING and containing in area 0.7564 acre, more or less. This Field Note Description is based on a survey performed by Fittz& Shipman, Inc. during 2018 and accompanies a plat of the same date. F&S Project No. 18032.0000 TX-JE-045 EXHIBIT B, PAGE 1 OF 1 NOW OR FORMERLY NOW OR FORMERLY CLERKS EFFFEENOS000100085588 o.P.R.J.C. JEFFERSON COUNTY, TEXAS T, A�nLCo1,G`�,G�- suRvEy, (CALLED PARCEL 5A-138.568 ACRES) CLERKS(CALLED 3LE NO. 2 02 ACRES)5448. .P.R.J.C. SSECCTllOhkJ 7,AbaRratW No.239 COMMENCING Jae/sown C©(4?rg//', Tem FOUND POINT CAPPED FOUND IRON ROO 'ARCENEAUX• (CALLED 209') CAPPED N-13,918.716.40 S 36.39'26" W IRON ROD E- 3,546,813.79 ENEAUr 208.95' N 13,918,88 03 E=3,546.738.54 N NOW OR FORMERLY TX-JE-045 c PENNZOIL 1624. 6 4 G. ID.DR.CO.. CITY OF PORT ARTHUR, TEXAS 9 (CALLED 1.002 ACRES) VOL. 2248.PG. 158. D.RJ.C. (CALLED (REMAINDER OF CALLED 1.874 ACRES): N 4173'00'E 2 POINT OF 189.00') BEGINNING -v.' 7 L10 N=13,918,662.24 J".6j��yj\ FOUND 31 't E- 3,546,834.01 ev-J,-4 8,- 9W; (v't O P IRON ROD (CALLED Li I '" Q� Yg�OA^' 'WORTEcH S 4113'00' W < C�OGJ�,�g�rypey' 189.00') Z a v Oq-NS6ytd'4' FOUND 3-C)oc �. NOW OR FORMERLY IRON ROD Cr w$n O� Cr COUNTY OF JEFFERSON -WORTECH- m LL N. �'. � CLERKS FILE NO. 2001006798.O.P.R.J.C. 2 w o o �� (REMAINDER OF CALLED TRACT 1-33.816 ACRES) 0-3-i! t3`4y�2T PARTIAL 125' WIDE Irogo ti d42�P ENTERGY O} ' -411 EASEMENT 0.7564 ACRE ozc 5 '' �>ra LOT 4 FOUND ac z CAPPED �i ' '/ ) IRON ROD g -ARCQ+ X• LOT 3 NOW OR FORMERLY NOW OR FORMERLY SERVICE ZONE, INC. a HSC PIPELINE CLERKS FILE NO. 2010000302, O.P.R.J.C. PARTNERSHIP,NNER10019 LLC 0 1 00 00 z CLERKS LED NO. T 1-0.6468, CRE)J.C. (REMAINDER OF CALLED 6.612 ACRES) o r" (CALLED TRACT I-0.6135 ACRE) S A L I o fJ a m _ d a 1-' a `n W N c - c NOW OR FORMERLY W Z M w 5 TOTAL SAFETY US, INC. 0 ¢ Ca U) ao CLERKS FILE NO. 2014005622.O.P.RJ.C. Z_a (CALLED 4.985 ACRES) LOT 2 J = s FOUND FOUND 1/2' O (n Y = CAPPED IRON I ct IRON ROD'ARCENEAUX' (BENT) � �OU LOT L11 FOUND I J a iIcg n (CALLED S 36'39'10'W 546.90') \ TXDOT J S 36'37'09" W 546.51' _ 1MONUMENT L4 SURVEYOR'S CERTIFICATE: F.M. HIGHWAY 365 --- Line Table I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BEUEF, THAT THIS IS AN ACCURATE PLAT AND DESCRIPTION OF ` Line/ Direction Length OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION �� �' -- DURIINA1G 2418. /4 Q". GI STE'q•��•'4 LI S5319'41'E 209.00 pi • it KE �,A r7.: % o.•.�N�, U 536.39'26"W' 20.00 Mitchell Lee Brackin ) s531s41'E 1Ot3.40 MITCHELL LEE BRACKIN \ • ' 5163 ' L4 S38K8'32'W 30.49 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5163 \I'.. .A1'.Op O+.•0 L5 N5319'40'91 838.44 ES51. Surveyor's Notes: SUR�� L6 N5316'27"W 344.96 L7 S36'44'05'W 70.11 (1) This survey was completed without the benefit of a I.8 538'44'05"W 11690 title commitment, and not all easements or servitudes, whether of record or not, were researched at the time 1.9 N5427'51'W 30.02 of this survey or shown hereon. L10 N3679'26'E 100.86 (2) All bearings referenced hereon are based on the L11 N36'26'32'E 20.00 NAD 83, Texas State Plane Coordinate System - 4204 - Texas South Central Zone; all areas and distances are based on surface measurements. ENTERGY TEXAS, INC. (3) A field note description of even dote accompanies PLAT OF A 0.7564 ACRE TRACT this plot. FOR A PARTIAL 125' WIDE EASEMENT 0:\PROJECTS\18032 - Entergy.YARP-2018\Survey\TX-JE-045.dwg Sep 25.2018 11:19om CITY OF PORT ARTHUR JEIrtMCOUNTY, TEXAS Fittz jShipman APPROVED BY: MLB DATE: 9-16-18 INC. CHECKED BY: MLB SCALE: 1"-200' DRAWN BY: JMW CEA NO. 00000 Consulting Engineers and Land Surveyors Project N 0.1 so32.o000 1405 CORNERSTONE COURT BEAUMONT,TEXAS (409)832-7238 FAX(409)832-7303 D W .N o. TX-JE-045 T.B.P.E.FIRM 01160 T.X.L.S.FIRM#100186 . _ 9 Exhibit "B" Fittz & Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King, P.E. Terry G.Shipman,P.E.,Senior Consultant Bernardino D.Tristan,P.E. Billy J.Smith,Jr.,President Jason R.Davis,P.E. Daniel A.Dotson,P.E.,Vice President Mitchell L.Brackin, R.P.L.S. EXHIBIT A, PAGE 1 OF 2 FIELD NOTE DESCRIPTION OF A 0.0072 ACRE TRACT FOR A PARTIAL 125' WIDE ENTERGY EASEMENT OUT OF THE T. & N.O.R.R. SURVEY, SECTION 7, ABSTRACT 239 JEFFERSON COUNTY, TEXAS OCTOBER 4, 2018 That certain 0.0072 acre tract for a partial 125' wide Entergy easement across the remainder of a called 1.895 acre tract conveyed to the City of Port Arthur as recorded in Volume 2246, Page 66 of the Deed Records of Jefferson County, Texas, out of the T. & N.O.R.R. Survey, Section 7, Abstract 239, Jefferson County, Texas, said 0.0072 acre tract being more particularly described by metes and bounds as follows: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone#4204. BEGINNING at a 5/8" iron rod (N=13,918,064.43, E=3,547,839.04) found in the southeasterly right-of-way line of F.M. Highway 365 for the southwest corner of the remainder of a called 14.273 acre tract conveyed to Endari's Auto Sales & Service as recorded in Clerks File No. 2001008756 of the Official Public Records of Jefferson County, Texas and the northwest corner of the remainder of the said 1.875 and the said 0.0072 acre tract; THENCE South 53°20'51" East along the south line of the said 14.273 acre tract and the north line of the said 1.895 acre tract a distance of 38.17 feet (called South 48°47'00" East) to a point for the northeast corner of the said 0.0072 acre tract from which a '/2" iron rod found for the southeast corner of the said 14.273 acre tract bears South 53°20'51" East 1222.68 feet (called South 48°47'00" East); THENCE North 76°38'35" West along the southerly line of the said 0.0072 acre tract a distance of 41.63 feet to a point in the said southeasterly right-of-way line of FM Highway 365 and the west line of the said remainder of the 1.895 acre tract for the southwest corner of the said 0.0072 acre tract from which a capped iron rod "Soutex" (N=13,918,014.46, E=3,547,801.55) found for the northwest corner of a called 7.563 acre tract (Tract I) conveyed to DRK Properties, Inc. as recorded in Clerks File No. 2018021570 of the Official Public Records of Jefferson County, Texas bears South 36°53'05"West 46.00 feet from which a capped iron rod "Soutex" (N=13,917,802.59, E=3,547,642.56) found for the southwest corner of the said 7.563 acre tract bears South 36°53'05"West 264.89 feet (called South 36°52'41"West 264.83 feet); THENCE North 36°53'05" East along the said southeasterly right-of-way line of FM Highway 365 and the west line of the said 1.895 and 0.0072 acre tracts a distance of 1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•Fax(409)832-7303 Texas Board of Professional Engineers Firm No.1160•Texas Board of Professional Land Surveyors Firm No.100186 EXHIBIT A, PAGE 2 OF 2 16.46 feet to the POINT OF BEGINNING and containing in area 0.0072 acre, more or less. This Field Note Description is based on a survey performed by Fittz& Shipman, Inc. during 2018 and accompanies a plat of the same date. F&S Project No. 18032.0000 TX-JE-054 EXHIBIT B. PAGE 1 OF 1 FOUND CAPPED IRON ROD N-13.918,014.46 FM HIGHWAY 365 E. 3.547.801.55 LI L6 L5 POINT OF FOUND BEGINNING CAPPED / FOUND 5/8' IRON ROO IRON ROO "SO,802. SE E=13.59.03 _ E=13,517,642.59 DETAIL E= 3.547.839.04 E= 3,547,64256 " L4 0 `�\ '11 NOW OR FORMERLY ENDARI'S AUTO SALES & SERVICE CLERKS FILEI LE NO. 2001008756, 0.P.R.J.C. 0 100 0 DETAIL (REMAINDER OF A CALLED 14.273 ACRES) 0.0072 ACRE A L E NTS /..- TX-JE-054/ `Pm CITY OF PORT ARTHUR o i Line Table VOL.. 2246. PG.66.D.R.J.C. N' (REMAINDER OF A g r. Line 0 Direction Length CALLED 1.895 ACRES) w I L1 N36'53'05"E 62.47 i y L2 S53'20'51"E 38.17 i(0 CNI -- - d N to L3 N76.38'35"W 41.63 In da: 4 N36'53'05"E 16.46 >-z d re o p L5 S36'53'05"W 46.00 1-0 mwwar o it g 5 L6 S36'53'05"W 264.89 LL w 5< dam CALLED S3652'41"W 264.83 Ct O 0 =I, 3 w 0 z�0 a.•-• v1FOUND 1/2" IRON ROD HALL STREET EXTENSION S 36'37'51" W 487.93' _ (CALLED S 4110'51'W 487.93') CAPPED 0'F ` T a�.O.R3er�i, SURVEY, NOW OR FORMERLY IRON Roo / P�� ISTf'•T�.{ , SECTION 7'9 Aballrecg M®a 23 :et 4'*-O•''v e r MID-COUNTY DIRT MATERIAL, L.L.C.L.L.C- r7:. -,,,i.„ k l�t,� �,a CLERKS FILE NO.2008007563, 0.P.R.J.C. . • 'In 1 09§1 erson! 6emorly, Torso (CALLED 6.689 ACRES) ' Mitchell Lee Brackin c,..AaF 163orP.•o 4, rr .,.ESS..••A f SUR` SURVEYOR'S CERTIFICATE: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF. THAT THIS IS AN ACCURATE PLAT AND DESCRIPTION OF A SURVEY MAGE ON THE GROUND UNDER MY SUPERVISION Surveyor's Notes: DURING 2016. (1) This survey was completed without the benefit of o 111/1;“ 6/C - title commitment, and not all easements or servitudes, whether of record or not, were researched of the time Of this survey or shown hereon. MITCHELL LEE BRACKIN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5163 (2) All bearings referenced hereon are based on the NAD 83, Texas State Plane Coordinate System - 4204 - Texas South Central Zone; all areas and distances are based on surface measurements. ENTERGY TEXAS, INC. (3) A field note description of even date accompanies PLAT OF A 0.0072 ACRE TRACT this plat. FOR A PARTIAL 125' WIDE EASEMENT 0:\PROJECTS\18032 - Entergy_PARP-2018\Survey\TX-JE-D54,ewg Oct 08.2018 02:39pm CITY OF PORT ARTHUR F i ttz jS h i p m a n JEFFERSON COUNTY, TEXAS APPROVED BY: MLB DATE: 10-04-18 INC. CHECKED BY: MLB SCALE: 1"=200' DRAWN BY: JMW CEA NO. 00000 Consulting Engineers and Land Surveyors Project N o.1 ao32.o000 1405 CORNERSTONE COURT BEAUMONT,TEXAS (409)832-7238 FAX(409)832-7303 4EnteFEY Dwg.No. TX-JE-054 T.B.P.E.FIRM#1160 T.X.L.S.FIRM#100186 Exhibit "C" 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 RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER EASEMENT State of Texas KNOW ALL MEN BY THESE PRESENTS: County of Jefferson THAT, the City of Port Arthur, Texas, a Municipal Corporation, hereinafter called Grantor, whether one or more, for and in consideration of Ten and 00/100 ($10.00) Dollars in hand paid by ENTERGY TEXAS, INC., the receipt of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto the said ENTERGY TEXAS, INC. at P.O. Box 2951, Right of Way Department, Beaumont, Texas 77704, hereinafter called Grantee, a corporation duly incorporated and existing under the laws of the State of Texas, the RIGHT, PRIVILEGE AND EASEMENT to enter upon and to construct, maintain, operate, inspect, patrol, repair and remove one or more circuits, one or more lines of structures (if used, such structures being composed of wood, metal, concrete or other types of materials) with lines of wires, crossarms, guy wires, stubs, foundations, anchors, underground conduits and other usual fixtures for the transmission/distribution of electricity and communications, said facilities to be erected simultaneously or at different future times, with the right to replace structures or fixtures composed of one type of material or materials with structures or fixtures of any other type of material or materials at any time and from time to time without further payment, upon, over, under and across that parcel of land owned by Grantor, said facilities to be located within the easement strip except that at angle points, if any, Grantee may place guy wires, stubs and anchors outside said easement strip in sufficient number so as to adequately brace its structures at any place where said easement strip makes an angle, which easement strip and continuations or projections thereof as described by the metes and bounds on the attached Exhibit A and as shown on the attached plat marked Exhibit B, insofar as same may be embraced within said tract. Grantee will not install any equipment within two (2) feet of the edges of any existing drainage ditch within the said easement. GRANTOR grants unto Grantee the right at any time and from time to time (a) to trim, cut or remove and keep clear all trees, vegetation, underbrush and other obstructions located upon said easement strip by use of variety of methods commonly used in the utility vegetation management industry, without further payment, and (b) trim, cut or remove • from the land outside of said easement strip any and all trees, limbs and other vegetation which in falling could come within ten feet of the electric lines of Grantee without further payment. GRANTOR RETAINS the right to access and use the land covered by said easement for any purpose including the right to maintain drainage ditches within the easement so long as such ditches do not affect the integrity of Grantee's structures, except for those purposes herein granted to Grantee, as long as such use by Grantor does not interfere with the right of way easement and rights herein granted. However, Grantor shall not erect, locate or permit the erection or placement of any building, structure, trees, or shrubs, well head/facilities or object of any type whatever within the easement strip described above. Grantor further agrees that it shall not erect, locate or permit the erection or placement of any building, structures, trees or shrubs or object of any type outside of said easement strip that will interfere with Grantee's operations or the rights granted to Grantee hereunder or that violate any clearance of safety requirements as set forth in the National Electrical Safety Code, the Texas Health and Safety Code and all other applicable laws, regulations, or ordinances or requirements. Grantor shall not change the elevation of the land within said easement strip where such elevation change causes a violation in the clearance requirements set forth in the National Electrical Safety Code Requirements/Specification or limit Grantee's ingress/egress to, from and along the land covered by this easement strip. Grantee shall have ingress and egress at any time to, from and along the land covered by this easement or Grantor's adjoining land. TO HAVE AND TO HOLD the above granted rights and easements, together with all and singular, the privileges and appurtenances thereto in anywise belonging unto said ENTERGY TEXAS, INC., its successors and assigns, and Grantor does hereby bind himself, his heirs, executors, administrators, successors and assigns, to warrant and defend all and singular the above granted rights, easements, privileges and appurtenances unto ENTERGY TEXAS, INC., its successors and assigns, against any person whomsoever lawfully claiming or to claim the same or any part thereof. Grantor hereby covenants with and represents and warrants to said ENTERGY TEXAS, INC., that Grantor has good and marketable title to said land, and has the unqualified right to grant the privileges herein contained. ALL THE AGREEMENTS and stipulations herein contained, and all of the obligations herein assumed, shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. Whenever the word "Grantor" is used herein it shall be construed to include "Grantors". WITNESS the signature of Grantor this day of , 20 Grantor: The City of Port Arthur, Texas, a Municipal Corporation By: Printed Name: Its: ACKNOWLEDGEMENT State of Texas X County of X This instrument was acknowledged before me on by Notary Public's Signature Exhibit "D" 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 RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER EASEMENT State of Texas KNOW ALL MEN BY THESE PRESENTS: County of Jefferson THAT, The City of Port Arthur, hereinafter called Grantor, whether one or more, for and in consideration of Ten and 00/100 ($10.00) Dollars in hand paid by ENTERGY TEXAS, INC., the receipt of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto the said ENTERGY TEXAS, INC. at P.O. Box 2951, Right of Way Department, Beaumont, Texas 77704, hereinafter called Grantee, a corporation duly incorporated and existing under the laws of the State of Texas, the RIGHT, PRIVILEGE AND EASEMENT to enter upon and to construct, maintain, operate, inspect, patrol, repair and remove one or more circuits, one or more lines of structures (if used, such structures being composed of wood, metal, concrete or other types of materials) with lines of wires, crossarms, guy wires, stubs, foundations, anchors, underground conduits and other usual fixtures for the transmission/distribution of electricity and communications, said facilities to be erected simultaneously or at different future times, with the right to replace structures or fixtures composed of one type of material or materials with structures or fixtures of any other type of material or materials at any time and from time to time without further payment, upon, over, under and across that parcel of land owned by Grantor, said facilities to be located within the easement strip except that at angle points, if any, Grantee may place guy wires, stubs and anchors outside said easement strip in sufficient number so as to adequately brace its structures at any place where said easement strip makes an angle, which easement strip and continuations or projections thereof as described by the metes and bounds on the attached Exhibit A and as shown on the attached plat marked Exhibit B, insofar as same may be embraced within said tract. . Grantee will not install any equipment within two (2) feet of the edges of any existing drainage ditch within the said easement. GRANTOR grants unto Grantee the right at any time and from time to time (a) to trim, cut or remove and keep clear all trees, vegetation, underbrush and other obstructions located upon said easement strip by use of variety of methods commonly used in the utility vegetation management industry, without further payment, and (b) trim, cut or remove from the land outside of said easement strip any and all trees, limbs and other vegetation which in falling could come within ten feet of the electric lines of Grantee without further payment. GRANTOR RETAINS the right to access and use the land covered by said easement for any purpose including the right to maintain drainage ditches within the easement so long as such ditches do not affect the integrity of Grantee's structures, except for those purposes herein granted to Grantee, as long as such use by Grantor does not interfere with the right of way easement and rights herein granted. However, Grantor shall not erect, locate or permit the erection or placement of any building, structure, trees, or shrubs, well head/facilities or object of any type whatever within the easement strip described above. Grantor further agrees that it shall not erect, locate or permit the erection or placement of any building, structures, trees or shrubs or object of any type outside of said easement strip that will interfere with Grantee's operations or the rights granted to Grantee hereunder or that violate any clearance of safety requirements as set forth in the National Electrical Safety Code, the Texas Health and Safety Code and all other applicable laws, regulations, or ordinances or requirements. Grantor shall not change the elevation of the land within said easement strip where such elevation change causes a violation in the clearance requirements set forth in the National Electrical Safety Code Requirements/Specification or limit Grantee's ingress/egress to, from and along the land covered by this easement strip. Grantee shall have ingress and egress at any time to, from and along the land covered by this easement or Grantor's adjoining land. TO HAVE AND TO HOLD the above granted rights and easements, together with all and singular, the privileges and appurtenances thereto in anywise belonging unto said ENTERGY TEXAS, INC., its successors and assigns, and Grantor does hereby bind himself, his heirs, executors, administrators, successors and assigns, to warrant and defend all and singular the above granted rights, easements, privileges and appurtenances unto ENTERGY TEXAS, INC., its successors and assigns, against any person whomsoever lawfully claiming or to claim the same or any part thereof. Grantor hereby covenants with and represents and warrants to said ENTERGY TEXAS, INC., that Grantor has good and marketable title to said land, and has the unqualified right to grant the privileges herein contained. ALL THE AGREEMENTS and stipulations herein contained, and all of the obligations herein assumed, shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. Whenever the word "Grantor" is used herein it shall be construed to include "Grantors". WITNESS the signature of Grantor this day of 20 Grantor: The City of Port Arthur By: Printed Name: Its: ACKNOWLEDGEMENT State of Texas X County of X This instrument was acknowledged before me on by Notary Public's Signature