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
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?' THOMAS S.ROWE
Thomas S. R fe, RPLS No. 5728 ;7.0 5728 ",•'' .i
TBPLS Firm No.: 10106700
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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
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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'
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�{l '1 ,: . , EXHIBIT B
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. ,,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
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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
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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