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HomeMy WebLinkAboutPR 21078: EASEMENTS WITH AIR LIQUIDE LARGE INDUSTRIES U.S. LP P. R. No. 21078 09/04/19 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PERMANENT EASEMENTS WITH AIR LIQUIDE LARGE INDUSTRIES U.S. LP, FOR THE CONSTRUCTION AND INSTALLATION OFA TWELVE (12) INCH HYDROGEN GAS PIPELINE WITHIN THE CITY LIMITS OF PORT ARTHUR, TEXAS WHEREAS, Air Liquide Large Industries U.S. LP, herein referred to as ("Air Liquide") was granted an Administrative Pipeline Permit A19-01 for the installation of a 12-inch steel hydrogen gas pipeline within the city limits of Port Arthur, Texas; and WHEREAS, Air Liquide has requested easements for the construction of the 12-inch steel hydrogen gas pipeline within the city limits of Port Arthur, Texas; and WHEREAS, Air Liquide must obtain the easements in order to construct the pipeline and maintenance thereof on City property; and WHEREAS, certified appraisals of the property have been performed to determine Fair Market Value in accordance with Section 272.001(b) of the Texas Local Government Code; and WHEREAS, Air Liquide has agreed to compensate the City the fair market value amount of $12,822.00 for the permanent easements; and WHEREAS, the City Council hereby approves the easements between the City of Port Arthur and Air Liquide, in substantially the same form as attached hereto as Exhibit s.pr21078 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 Permanent Easement Agreement between the City of Port Arthur and Air Liquide Large Industries U.S. LP, in substantially the same form as attached as Exhibit "A". Section 3. That this Permanent Easement Agreement is contingent upon receipt of payment from Air Liquide Large Industries U.S. LP, in the total amount of $12,822.00. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City of Port Arthur. READ, ADOPTED AND APPROVED on this day of , A.D., 2019, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Thurman "Bill" Bartle, Mayor s.pr21078 ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 1)a--01 hiieLe10Z Val Tize , City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, Interim City Manager c Alberto Elefano, P.E. Director of Public Works s.pr21078 EXHIBIT "A" s.pr21078 Exhibits Are Available For Review In The City Secretary Office Or Online 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 JEFFERSON § PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (this "Agreement"), dated , 2019, is between City of Port Arthur, Texas, a Municipal Corporation whose mailing address is 444 4th Street,Port Arthur,Texas 77641-1089,(hereinafter referred to as "Grantor",whether one or more), and Air Liquide Large Industries U.S. LP, whose mailing address is 9811 Katy Freeway, Suite 100, Houston, Texas 77024, 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 non-exclusive unobstructed permanent easements (the "Permanent Easements") 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 Easements, 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 and depicted in the Exhibits(the "Property"). The Permanent Easements are described and depicted on Exhibits "A-1" and "A-2" attached hereto. Grantor further grants, sells and conveys unto Grantee temporary construction easements depicted on the attached Exhibits "A-1" and "A-2" in order to construct the Facilities on the Property, together with additional work space, if any as depicted on the attached Exhibits "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 Easements 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 gaseous hydrogen. 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 Easements shall be for a period to Grantor Initials extend no less than twelve (12) 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 Easements prior to the twelve (12) month period and, so states in writing, then the Temporary Construction Easements shall immediately terminate. No pipeline or permanent facility or any kind or character will be constructed on the Temporary Construction Easements. 2. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills on the Permanent Easements and the Temporary Construction Easements (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 and Temporary Construction Easements (while in effect). 3. Grantee shall have no right to fence or enclose the Permanent Easements. Grantee shall, during the initial construction operations, maintain suitable crossings on, over, and across the Permanent Easements. 4. Grantor may use the Property within the Permanent Easements 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 Easements and the Temporary Construction Easements 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 Easements 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 Easements 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 Easements and Temporary Construction Easements (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 and the Temporary Construction Easements. Grantor must notify Grantee in writing before the construction or installation of any streets, roadways, utilities or other encroachments on the Permanent Easements. "Grantor shall be responsible for complying with any state or local "one call"requirements in the event of construction on or near the Permanent Easements." 5. Notwithstanding anything to the contrary, Grantor may not use any part of the Permanent Easements if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easements or its Facilities. Grantor is not permitted to conduct any of the following activities on the Permanent Easements 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 Initials 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 Easements 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 Easements, 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 Easements 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 Easements as part of its routine operations to maintain the Permanent Easements free from obstructions. Grantee will maintain the Easements (the Temporary Construction Easements 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,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 Easements 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 Easements for the purposes for which the Permanent Easements 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. Grantor Initials 11. Notwithstanding anything to the contrary herein, Grantee (except for pipeline markers and cathodic test leads,which will be placed within the Permanent Easements 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 Easements, and pipeline vents which will be placed within the Permanent Easements 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 Easements, 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. 16. IF ANY DISPUTE ARISES OUT OF OR IN RELATION TO THE PERMANENT EASEMENTSAND/OR THE TEMPORARY CONSTRUCTION EASEMENT,AND IF THE DISPUTE CANNOT BE SETTLED BY DIRECT NEGOTIATIONS,BOTH PARTIES AGREE TO SUBMIT TO THE JURISDICTION AND VENUE OF THE COURTS LOCATED IN JEFFERSON COUNTY TEXAS. Grantor Initials EXECUTED this_day of , 2019. GRANTOR: City of Port Arthur, Texas, Title a Municipal Corporation ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF § On this _day of , 2019, 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 Texas My Commission Expires: Return to: City of Port Arthur Legal Department 444 4th Street Port Arthur,Texas 77641-1089 Grantor Initials EXHIBIT A-1 Legal Description: Centerline of a 30 Foot Wide Pipeline Easement B.B.B. &C. RR. Co. Survey, Abstract No. 79 Jefferson County,Texas BEING a centerline of a 30 foot wide pipeline easement situated in the B.B.B. & C. RR. Co. Survey, Abstract No. 79, Jefferson County, Texas and out of and part of that certain tract of land, identified as a 60 foot strip of land, as described in a deed from Jake Doornbos and C.M. Doornbos to The City of Port Arthur, Texas as recorded in Volume 155, Page 169, Deed Records, Jefferson County, Texas, said centerline easement being more particularly described as follows: NOTE: All bearings, coordinates and distances are referenced to Texas Coordinate System of 1983, South Central Zone NAD83 (2011). COMMENINCING at a concrete monument found for the Easterly corner of that certain tract of land as described in a "Special Warranty Deed" from Texaco Refining and Marketing Inc. to Star Enterprise as recorded in Film Code No. 102-54-1357, Official Public Records of Real Property, Jefferson County, Texas and being in the Southwesterly right of way line of Kansas City Southern Railroad (based on a width of 100 feet) and also being in the Northwesterly right of way line of 60`h Street (based on a width of 40 feet), said corner having state plane coordinates of N:13,925,634.88, E:3,566,541.37; THENCE NORTH 16°39'19" EAST, over and across the said Kansas City Southern Railroad, for a distance of 119.48 feet to the POINT OF BEGINNING of the easement herein described, said point being in the common boundary between the said Kansas City Southern Railroad and the said City of Port Arthur, Texas tract, said point having state plane coordinates of N:13,925,749.35, E:3,566,575.61; THENCE NORTH 32°19'03" EAST, over and across the said City of Port Arthur tract, for a distance of 52.72 feet to a point; THENCE NORTH 35°57'48" EAST, over and across the said City of Port Arthur tract, for a distance of 6.54 feet to the POINT OF TERMINIATION of the easement herein described, said point being in the common boundary line of the said City of Port Arthur tract and that certain tract of land as described in a deed from The City of Port Arthur to Texarkana & Fort Smith Railway Company as recorded in Volume 268, Page 598, Deed Records, Jefferson County, Texas said point have state plane coordinates of N:13,925,799.19, E:3,566,607.64. Said centerline being 59.26 feet or 3.59 rods. This legal description i ..ing submitted alon ith a . . ..sed on this survey (see EXHIBIT OF tE �• G,4e..SrF9F.tP $it�11`I LP.rQ i ,, ?' THOMAS S.ROWE Thomas S. R fe, RPLS No. 5728 ;7.0 5728 ",•'' .i TBPLS Firm No.: 10106700 W:2018 18.2022 AIR LIQUIDE PECAN GROVE UID 18.5 18.2022 EX}I161•.,W8/0:15.O•••' �Q +y, SURV � EMI Page 1 of 1 MARK W. WHITELEY&ASSOCIATES,INC. NONOTHING IN THIS SURVEY IS INTENDED TO JEFFERSON COUNTY, TEXAS EXPRESS AN OPINION REGARDING B.B.B.&C. RR. CO.SURVEY,A-79 Vr OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, O IT CONSTITUTES NEITHER A GUARANTEE NOR A VWARRANTY, EXPRESSED OR IMPLIED. 4. ALL BEARINGS, COORDINATES AND DISTANCES ARE TRACT I REFERENCED TO TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE NAD83 (2011). CALLED 3.8055 ACRES LARRY D. McPHIWPS, et. ux. CENTERLINE LENGTH: 59.26' OR 3.59 RODS CF. N0. 2010021495 AREA OF PERMANENT EASEMENT: 1,751 SQ. FT. OR 0.0402 ACRES OPRJC AREA OF TEMPORARY WORKSPACE: 2,275 SQ. FT. OR 0.0522 ACRES it LL/ CALLED 60' STRIP AREA OF SURFACE SITE: NA =3 CITY OF PORT ARTHUR ® PERMANENT EASEMENT .o VOL. 155DRJC PG. 169 0 TEMPORARY WORKSPACE 0`- / STAR ENTERPRISES REMAINDER OF FC. NO. 102-54-1357 (4� I CALLED 2.972 ACRES -'T—— GULF TA E1193,UTIL S COMPANY OPRJC VOLSPG634 ,. '. . `In. � y / DRJC aL Z TEXARKANA & FORT o n ` . SMITH RAILWAY COMPANY \ C L / VOL 268, PG. 598 DRJC POB EE DETAIL "A" POT N:13,925,749.35 N:13,925,799.19 DETAIL "A" E:3,566,575.61 E:3,566,607.64 N.T.S1. lik . ____ _ _ ____-/ _______ _ .,tk L3 .-J......•. 60TH STREET CALLED 60' STRIP (40' ROW) POC CITY OF PORT ARTHUR TRACT II, CALLED 0.75 ACRES FND CONC. MONU. VOL 155, PG. 169 LARRY D. McPHIWPS, et. ux. N:13,925,634.88 DRJC CF. NO. 2010021495 E:3,566,541.37 OPRJC TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY LINE BEARING DISTANCE MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED L1 . N16'39'19"E 119.48' HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND, :'• TIME L2 N37 19.03.E 52.72' OF THE SURVEY. = "-' L3 N35'57'48"E 6.54' \ 5T % F". ' r _' ,,i,:.‘r L94' ,'s ;:)\ k..1/4 0 1 1 THOM45 .; OWE,� �' /`...;q.....57�6 ;' �� �� �{l '1 ,: . , EXHIBIT B / \.� . ,,S=,,r REFER TO EXHIBIT- "A"-- THOMAS S. -•• - REGISTERED PROFESSIONktiVicr,\)C JSi4740 o. 5728 FOR LEGAL DESCRIPTION MARK W. WHRELEY AIR L ti •RGE INDUSTRIES U.S.LP PARCEL ID: UID-18.5 AND ASSOCIATES EXHIBIT OF A DRAWN BY: CDD INCORPORATED ' CONsulrwa ENGINEERS, CENTERLINE OF A APP'D BY: TSR SURVEYORS,AND PLANNERS 30'WIDE PIPELINE EASEMENT SCALE 1"-100• T.B.P.LS.FIRM NO.101D8700 CITY OF PORT ARTHUR RIr Liquide SHEET NO: 1 OF 1 00XAIA, a'°011%11ASTU F""". JEFFERSON COUNTY, TEXAS JOB NO: 18-2022 nu2ro"r,ii%.,muasc .6 TAX)4 4024.1s�0, �..,�, (F41f1�wwx.,3w FILE: W:\2018\18-2022 AIR LIQUIDE PECAN GROVE\UID_18.5\18-2022 EXHIBIT 8 BHT LONG EXHIBITA-2 Legal Description: Centerline of a 30 Foot Wide Pipeline Easement B.B.B. &C. RR. Co. Survey, Abstract No. 80 T. &N.O. RR. Co. Survey, Abstract No. 244 Jefferson County,Texas BEING a centerline of a 30 wide pipeline easement situated in the B.B.B. & C. RR. Co. Survey, Abstract No. 86 and the T. & N.O. RR. Co. Survey, Abstract No. 244, Jefferson County, Texas and out of and part of that certain tract of land as described in a deed from C. Doombos, Jr. to City of Port Arthur as recorded in Volume 1610, Page 244, Deed Records, Jefferson County, Texas, furthermore being out of and part of that certain called 47.65 acre tract of the Lucian Adams Park, a subdivision located in Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2016030988, Official Public Records, Jefferson County, Texas, said centerline easement being more particularly described as follows: NOTE: All bearings, coordinates and distances are referenced to Texas Coordinate System of 1983, South Central Zone NAD83 (2011). COMMENINCING at a 5/8"iron rod found for an interior ell corner of the said 47.65 acre City of Port Arthur tract and also being the Northerly corner of that certain called 11.36 acre tract of land as described in a deed from Major T. Bell to Gulf States Utilities Company as recorded in Volume 1338, Page 552, Deed Records, Jefferson County, Texas, said corner having state plane coordinates of N:13,921,471.01, E:3,563,158.51; THENCE SOUTH 53°22'19" EAST, along and with the boundary between the said 47.65 acre City of Port Arthur tract and the said 11.36 acre Gulf States Utilities Company tract, for a distance of 203.12 feet to the POINT OF BEGINNING of the easement herein described, said point having state plane coordinates of N:13,921,349.83, E:3,563,321.51; THENCE NORTH 39°01'10" EAST, over and across the said 47.65 acre City of Port Arthur tract, for a distance of 73.99 feet to a point; THENCE NORTH 37°29'40" EAST, over and across the said 47.65 acre City of Port Arthur tract, for a distance of 63.27 feet to a point; THENCE NORTH 35°28'41" EAST, over and across the said 47.65 acre City of Port Arthur tract, for a distance of 65.90 feet to a point; THENCE NORTH 36°49'26" EAST, over and across the said 47.65 acre City of Port Arthur tract, for a distance of 112.76 feet to a point; THENCE NORTH 36°39'13" EAST, over and across the said 47.65 acre City of Port Arthur tract, for a distance of 110.97 feet to a point; THENCE NORTH 36°2424" EAST, over and across the said 47.65 acre City of Port Arthur tract, for a distance of 103.78 feet to a point; EXHIBIT"A" Page 1 of 2 MARK W. WHITELEY&ASSOCIATES,INC THENCE NORTH 37°09'50" EAST, over and across the said 47.65 acre City of Port Arthur tract, for a distance of 129.91 feet to the POINT OF TERMINIATION of the easement herein described, said point being in the common boundary line of the said 47.65 acre City of Port Arthur tract and that certain tract of land as described in a deed from George D. Booz, Norman Booz and Rose Loidold to Gulf States Utilities Company as recorded in Volume 1328, Page 217, Deed Records, Jefferson County, Texas said point have state plane coordinates of N:13,921,877.51, E:3,563,718.75. Said centerline being 660.58 feet or 40.03 rods. This legal description is being submitted along with a plat based on this survey (see EXHIBIT “B” L.?' \i THOMAS S.ROWE ') Thomas S. Ro -, RPLS No. 57285726 1 4 -j ?%2s 1 1 1� 11•�9 �;. TBPLS Firm No.: 10106700 �t'�q�o" s`URV�ey°Q..J S • W:2018 18.2022 AIR LIQUIDE PECAN GROVE'UID 0718-2022 EXHIBIT.\ 'I&H Dr r EXHIBIT"A" Page 2 of 2 t1ARK W.WHITELEY&C ASSOCIATES,INC. NOTE: JEFFERSON COUNTY, TEXAS 1, NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING B.B.B. &C.RR.CO.SURVEY,A-80 OWNERSHIP OR TITLE. T.&N.O. RR.CO.SURVEY,A-244 VV 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPUED. 4. ALL BEARINGS, COORDINATES AND DISTANCES ARE REFERENCED TO TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE NAD83 (2011). CENTERLINE LENGTH: 660.58' OR 40.03 RODS AREA OF PERMANENT EASEMENT: 19,817 SQ. FT. OR 0.4549 ACRES STAFF SERGEANT LUCIAN ADAMS DRIVE AREA OF TEMPORARY WORKSPACE: 26,417 SQ. FT. OR 0.6065 ACRES (120' ROW) AREA OF SURFACE SITE: NA (CALL N36'38'36"E 1321.44') FND 1/2" -4:4—� FND N36'38'27"E 1321.42' I. ROD FND 5/8" I. ROD <T \ &C R, G. ao \ g 0's-c�`G I"o 0 CALLED 47,65 ACRES rn C CITY OF PORT ARTHUR °' rn UR CF. NO. 2016030988 .- w DIOCESE OF c0.• 4A OPRJC ,n GALVESTON-HOUSTON I. &14' 0.C61.T NO 2 \ M M VOL 1469, PG. 427 CALLED 14.390 ACRES TRACT ONE, PARCEL A POC �\ v1 2 ANGEL MID JEFF COUNTY J.V. FND 5/8" I. ROD \ EASEMENT v z CF. NO. 199035119 N:13,921,471.01 GULF STATES OPRJC E:3,563,158.51 UTILITIES COMPANY VOL. 1333, PG. 624 FND 1/2" (CALL N36'3B'36"E 1319.01') DRJC FND N3638'45"E 1318.98' \ I. ROD END 5/8"e CALLED 11.36 ACRES \ e GULF STATES I. ROD GULF STATES UTILITIES COMPANY SEE SHEET-) UTILITIES COMPANY VOL. 1338, PG. 552 2 OF 2 VOL 1328, PG. 217 DRJC \ DRJC 60TH STREET \ \ \ ® PERMANENT EASEMENT (40' ROW) POB POT N:13,921,349.83 N:13,921,877.51 Q TEMPORARY WORKSPACE E:3,563,321.51 E:3,563,718.75 TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: UNE BEARING DISTANCE I, THOMAS 5, ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY L1 FND S53'22'19"E 203.12' MADE ON THE SURFACE OF THE GROUND OF THE P'•:' GALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FAC .'•11 ,r - OF THE SURVEY. . �o .TF,9F051 ,r. 7HOMA.,S.ROWS Vo 5726 7r • elf j ).1 { A1IESs�°oQ J EXHIBIT "B" REFER TO EXHIBIT *A" THOMAS S. ROWE - REGISTERED PROFESSION' -n ;,0i , _ - OR No. 5728 FOR LEGAL DESCRIPTION MARK W. WHITELEY AIR LIQUIDE LARGE INDUSTRIES U.S.LP PARCEL ID: UID-07 ANDASSOCIIATES EXHIBIT OF A DRAWN BY: CDD INCORPORATED e CONSULTING ENGINEERS, CENTERLINE OF A APP'D BY: TSR SURVEYORS,AND PLANNERS 30'WIDE PIPELINE EASEMENT SCALE: 1"-+00' T.B.P.L.S.FIRM NO.10106700 CITY OF PORT ARTHUR Air Liquide SHEET NO: 1 OF 2 E'"`� '1A°`"°ro"""" JEFFERSON COUNTY, TEXAS JOB NO: 18-2022 K„NgNf.TF 4 11,]181Q E6ANI,UIR..01 (FAJQ 404•51-13,141 lTUN-1N 11►] FILE W:\2018\18-2022 NR LIQUIDS PECAN GROVE\UID_07\18-2022 EXHIBIT B SHT 1.D1VG N�NOTHING IN THIS SURVEY IS INTENDED TO JEFFERSON COUNTY, TEXAS EXPRESS AN OPINION REGARDING B.B.B.&C.RR.CO.SURVEY,A-80 7 OWNERSHIP OR TITLE. T.&N.O. RR. CO.SURVEY,A•244 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, DIOCESE OF IT CONSTITUTES NEITHER A GUARANTEE NOR A GALVESTON—HOUSTON WARRANTY, EXPRESSED OR IMPUED. VOL. 1469, PG. 427 4. ALL BEARINGS, COORDINATES AND DISTANCES ARE DRJC REFERENCED TO TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE NAD83 (2011). CALLED 47.65 ACRES CITY OF PORT ARTHUR CALLED 11,36 ACRES CF. NO. 2016030988 GULF STATES OPRJC UTIUTIES COMPANY VOL 1338, PG. 552 DRJC i I GULF STATES UTILITIES COMPANY VOL 1328, PG. 217 to\I\ P O EASEMENT DRJC `NI FND 5/8" I. ROD GULF STATES UTILITIES COMPANY L.,, N:13,921,471.01 VOL. 1333, PG. 624 \\\ Q1 E:3,563,158.51 DRJC CV N M U7: _ -`LI L2 4� =.11,\ LS . . �li�L6o . . L7 F PROPOSED POBqi ' 30'W DEE PIPELINE EASEMENT POT N:13,921,349.83 E:3,563,321.51 60TH STREET N:13,921,877.51 (40' ROW) E:3,563,718.75 CENTERLINE LENGTH: 660.58' OR 40.03 RODS AREA OF PERMANENT EASEMENT: 19,817 SQ. FT. OR 0.4549 ACRES AREA OF TEMPORARY WORKSPACE: 26,417 SQ. FT. OR 0.6065 ACRES ® PERMANENT EASEMENT AREA OF SURFACE SITE: NA TO THE OWNERS OF THE PREMISES SURVEYED Q TEMPORARY WORKSPACE AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY LINE BEARING DISTANCE MADE ON THE SURFACE OF THE GROUND OF THE PROPE�R�yy LEGALLY DESCRIBED L1 N39'01'10'E 73.99' HEREON AND CORRECTLY REPRESENTS THE FACTS FQIJ `A4'` TIME L2 N37'29'40'E 63.27' OF THE SURVEY. .- - L3 N35'28'41'E 65.90' • '�;•�........... S T 'lie ll L4 N36'49'26"E 112.76' j'r/ ' ,,6„,:',,-,"\ �'a. L5 N36'39'13'E 110.97' Iry ....1� L6 N3fi'24'24"E 103.78' 'Q THOMAS S.ROWE ' L7 N37'09'S0'E 129.91' / `'-I 5728 EXHIBIT "B" . ••..£s s..,. ,•/ ----- -----_.-._ .___-.. ____ REFER TO EXHIBIT "A" THOMAS S. ROWE REGISTERED PROFESSIO ;'.. , BUB -, • No. 5728 FOR LEGAL DESCRIPTION - MARK W. WHITELEY AIR LIP E LARGE INDUSTRIES U.S.LP PARCEL ID: UID-07 AND ASSOCIATES EXHIBIT OFA DRAWN BY: CDD INCORPORATED cowsuLnwoeNCiINEERB, CENTERLINE OF A APP'D BY: TSR BURVEYORB,AND PLANNERS 30'WIDE PIPELINE EASEMENT SCALE 1•-100' T.B.P.LB.FIRM NO.1010E700 CITY OF PORT ARTHUR Air Liquide SHEET NO: 2 OF 2 P.a'°AITr "/MOW.TWA 10 CAVE(�" JEFFERSON COUNTY, TEXAS JOB NO: 18-2022 401.452.0424014401482-1141� t•Ax1� �-+ FILE: W:\2018\18-2022 AIR UQUIDE PECAN OROJE\UID_07\18-2022 DCHIBR B %iT 2.DWG