HomeMy WebLinkAboutPR 21749: ACCEPT 30" WATER LINE FROM SEMPRA City of
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INTEROFFICE MEMORANDUM
WATER UTILITIES DEPT.-ADMINISTRATION DIV.
Date: March 5, 2021
To: Ronald Burton, City Manager
From: Donnie Stanton, Interim Director of Water Utilities
RE: Proposed Resolution No. 21749—Accept 30" Water Line from Sempra
Nature of the Request:
Port Arthur LNG "PALNG" is installing a liquefaction facility on the Sabine Neches Waterway, which
required the relocation of utilities on State Highway 87 to the west side of the facility.
Pursuant to Res. No. 18-170, City Council authorized the City Manager to enter into a preliminary
Relocation Agreement with PALNG Common Facilities Company, LLC (PALNGCFC) with respect and
anticipation of future developments of their existing property.
Pursuant to Res. No. 19-001, City Council approved the asset relocation agreement with PALNGCFC in
its complete form, in order to govern the relocation or replacement of the facilities in a different location
on the property as well as the amendment of existing easements, more specifically, various 12-inch, 16-
inch, and 20-inch waterlines to accommodate the installation of the liquefaction facility.
The construction of replacement facilities included approximately 3.6 miles of 30-inch water line for
transportation of potable water, including required fittings, valves and other associated appurtenances.
This proposed resolution accepts the 30" water line from PALNG, and allows for final execution of all
transfer documents.
Staff Analysis, Considerations:
None.
Budget Considerations:
The total cost of the project was paid for by Sempra/PALNGCFC
Recommendation:
I recommend that the City Council hereby authorized the City Manager to accept the Substantial
Completion Checklist Ready for Tie-In Certificate and contingent upon approval of the City Attorney,
executed all documents necessary to finalize the Asset Relocation Agreement pursuant to Resolution No.
19-001.
"Remember,we are here to serve the Citizens of Port Arthur"
P.R. No. 21749
4/6/21 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE
COMPLETION OF THE RELOCATION AND/OR REPLACEMENT OF
PUBLIC WATER INFRASTRUCTURE PROJECT FROM PALNG
COMMON FACILITIES COMPANY, LLC/SEMPRA LNG AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE TRANSFER
DOCUMENTS PURSUANT TO THE ASSET RELOCATION
AGREEMENT
WHEREAS, Port Arthur LNG"PALNG" has been in the process of constructing a major
liquefaction facility on the Sabine Neches Waterway, which required the relocation of certain
public water infrastructures in Port Arthur along State Highway 87; and,
WHEREAS, pursuant to Res. No. 18-170, City Council authorized the City Manager to
enter into a preliminary Relocation Agreement with PALNG Common Facilities Company, LLC
(PALNGCFC) with respect and anticipation of future developments of their existing property;
and,
WHEREAS, pursuant to Res. No. 19-001, City of Port Arthur Council approved a
substantial Asset Relocation Agreement with PALNGCFC in its complete form, in order to
govern the relocation or replacement of the facilities on its property to accommodate the
construction of the liquefaction facility; and,
WHEREAS, PALNGCFC has submitted a letter correspondence stating that the
construction of the facilities and interconnection has been completed and the Substantial
Completion Certificate has been executed by all interested Parties, as delineated in Exhibit"A".
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.
P.R. No. 21749
4/6/21 bw
Page 2 of 3
Section 2. That the City Council hereby authorized the City Manager to accept the
Substantial Completion Checklist Ready for Tie-In Certificate and contingent upon approval of
the City Attorney, executed all documents necessary to finalize the Asset Relocation Agreement
pursuant to Resolution No. 19-001.
Section 3. That the final form of the Asset Relocation Agreement will be filed for
record in the office of the County Clerk of Jefferson County, Texas.
Section 4. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED THIS day of , 2021 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor:
Councilmembers: •
;
;
NOES:
Thurman"Bill" Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
62)
Sherri Bellard Valecia Ti eno
City Secretary City Attorney
P.R. No. 21749
4/6/21 bw
Page 3 of 3
APPROVED FOR ADMINISTRATION:
Ronald Burton Donnie Stanton
City Manager Interim Director of Water Utilities
Exhibit "A"
Sempra
LNG
Sempra LNG
488 8tn Avenue
San Diego,CA92101
April 7, 2021
City of Port Arthur
Attn: Mr. Ronald Burton
444 4th Street
Port Arthur, Texas 77641-1089
Re: CPA/PALNG Asset Relocation Agreement—Completion Notice
Dear Mr. Burton,
This is to notify the City of Port Arthur that the construction of the Replacement Facilities and Interconnection
has been completed and placed in service pursuant to Section 2.5 of the Asset Relocation Agreement
(Agreement). We are requesting the City to proceed with the execution of the transfer documents referenced in
Section 3.3 of the Agreement.
Please let us know if you have any questions.
Regards,
Les W. Bamburg
LBamburgna,SempraGlobal.com
cc: Mr. Donald Stanton, City of Port Arthur
*Sempra°
SUBSTANTIAL COMPLETION CHECKLIST
READY FOR TIE-IN CERTIFICATE
Operating Company: City of Port Arthur Date: 24 November 2020
Pipeline: 30"
Contractor: Sunland Subcontractor: Bluefin
• As-Built information collected and ready for processing: Yes
• All Fusion Welds Completed, Documented and Acceptable: Yes
• All flanges bolts have been torqued and documented: Yes
• All anchors installed, load tested and documented: Yes
• Water in pipeline has been chlorinated to 60 mg/I: Yes
• Pipeline Hydrostatic Tested and Accepted: Yes
• All Work in pipeline ROW is currently complete: Yes
All Parties agree that the Pipeline is substantially completed, NDE completed and
documented, hydrostatically tested, cleaned, dried and the Pipeline is Ready for
Final Tie-in
�i
e,/
Contractor: � /1/14(eieile
(Sign&Print)
Third Party Inspection: �•--�' --� �� / �etnJc.,.c/
(Sign&Print)
PALNGCFC Representative: 9.7, ,.-L I v
(Sign& rint)
Operating Company Representative:
(Sign&Print)
Originaled:April 5,2019 Revised:
CERTIFICATE OF ACCEPTANCE
FOR
WATER SYSTEM TO SERVE
SEMPRA LNG
PORT ARTHUR, TEXAS,
IN THE
CITY OF PORT ARTHUR
TO: Sempra LNG
Date:
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the water utility to
serve the Sempra LNG Liquefaction Facility, Port Arthur, Texas, on the basis of the
Engineer's Certificate of Completion by Carl Seward, P.E. of UniversalPegasus, the Contractor's
Certificate of Guarantee, and the Contractor's Certificate and Release, executed by Carl
Ledester, Senior Project Manager of Bluefin Construction Corporation.
Ronald Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
Exhibit "B"
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Date: April 13,2021
AmTrust Title
Attn: Mellissa Atle,Vice President-Energy Division
National Commercial Division
One Allen Center—Motiva Plaza
500 Dallas Street, Suite 1360
Houston, TX 77002
Memo re: Title Company Authorization under the Asset Relocation Agreement Between the City of Port
Arthur("Grantee")and PALNG Common Facilities Company, LLC ("Landowner")(each individually, a
"Party",and collectively,the"Parties")
Dear Ms. Atle:
Pursuant to the Asset Relocation Agreement between Grantee and Landowner dated February 27,2019(the
"Agreement"), a copy of which has been previously provided to you, certain post-execution requirements
are necessary to finalize the relocation and transfer of assets.Any capitalized terms not defined herein shall
have the meaning assigned to them in the Agreement.
Pursuant to Section 3.3(c)of the Agreement,the Parties hereby jointly authorize AmTrust Title upon receipt
of the documents described herein,to(i) if not already dated, insert the date provided to you by Landowner
as the effective date (the "Effective Date"), compile the counterparts and deliver one (1) fully-executed
original of the Abandoned Facilities Bill of Sale to Landowner at the address for distribution provided
below;(ii) if not already dated, insert the Effective Date,compile the counterparts and deliver one(1)fully-
executed original of the Replacement Facilities Bill of Sale to Grantee at the address for distribution
provided below; (iii) record in the Official Public Records of Jefferson County, Texas, in the following
order, (A)one (1) fully-executed original of the Easement Agreement for Waterline Purposes; (B)one(1)
fully-executed original of the Abandonment, Release and Termination of Easement;and(C)one(1)fully-
executed original of the Memorandum of Release of Asset Relocation Agreement.
You are further authorized to (a) insert the Effective Date into each document where there is a blank for
such date, (b)after assembling the documents as provided above and prior to submission for recording,
distribute an electronic copy of each of the fully-executed documents to the Parties at their respective email
addresses for distribution provided below, and (c)after recording the documents as provided above,
distribute a paper copy of each of the fully-executed documents to the Parties at their respective address for
distribution provided below.
Should you have any questions,please contact Jennifer DeMarco at jdemarco@sempraglobal.com or(619)
823-9864, with a copy to Donald Stanton at Donald.Stanton@portarthurtx.gov or(409)983-8556.
[Continued on the following page.]
Sincerely,
LANDOWNER:
PALNG Common Facilities Company, LLC
By:
Name:
Title:
Address for Distribution:
PALNG Common Facilities Company, LLC
c/o Sempra Energy
488 8th Street, HQ13S3
San Diego, CA 92101
Attn: Jennifer DeMarco
E-mail: jdemarco@sempraglobal.com
GRANTEE:
City of Port Arthur
By:
Name:
Title:
Address for Distribution:
City of Port Arthur
444 4th Street
Port Arthur,Texas 77641-1089
Attn: Donald Stanton
E-mail: Donald.Stanton@portarthurtx.gov
After recording return to:
PALNG Common Facilities Company, LLC
c/o Sempra LNG, LLC
488 8th Street,HQI3S3
San Diego, CA 92101
Attn: Jennifer DeMarco
MEMORANDUM OF RELEASE OF ASSET RELOCATION AGREEMENT
THE STATE OF TEXAS §
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF JEFFERSON §
THIS MEMORANDUM OF RELEASE OF ASSET RELOCATION AGREEMENT (this
"Memorandum of Release"), is dated as of , 2021 (the"Effective Date")
by and between PALNG Common Facilities Company, LLC, a Delaware limited liability company
("Landowner") and the City of Port Arthur, a Municipal Corporation ("Grantee"). Landowner and
Grantee entered into that certain Asset Relocation Agreement dated February 27,2019(the"Agreement"),
as evidenced by that certain Memorandum of Asset Relocation Agreement dated October 28, 2019,but
effective as of February 27, 2019, and recorded and recorded November 7, 2019 in Document No.
2019037205 in the Official County Records of Jefferson County, Texas (the "Memorandum").
Capitalized terms used in this Memorandum of Release and not otherwise defined herein have the same
meaning ascribed to such terms in the Agreement.
1. Release of Agreement and Memorandum. Pursuant to Section 7 of the Agreement and the
Memorandum, upon completion of the required events in the Agreement, the Memorandum shall
automatically terminate and be of no further force or effect. The Parties agreed that Landowner may
unilaterally record an instrument confirming such termination in the official public records of the County
in which the Property is located and all parties may rely on such termination instrument;and,upon request
by Landowner, Grantee would join in executing any such termination instrument.
2. Confirmation of Termination and Release. The Parties confirm that all required events
under the Agreement have been completed;and therefore, the Memorandum has automatically terminated
pursuant to its own terms. Pursuant to the Agreement and Memorandum,the Parties are executing and
recording this Memorandum of Release solely for the purpose of providing constructive notice of the
termination.
IN WITNESS WHEREOF,the Parties have executed this Memorandum of Release to be effective
as of the date first written above.
[signatures appear on following pages]
1
LANDOWNER:
PALNG COMMON FACILITIES COMPANY, LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me, (here
Insert name and title of the officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged tome that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
7
GRANTEE:
CITY OF PORT ARTHUR
By:
Print Name:
Print Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
On this day of ,2021,before me a notary public,the undersigned offices
personally appeared , who acknowledged himself/herself to be the
of the City of Port Arthur,a Municipal Corporation,and that he/she as
such officer,being authorized to clo so,executed the foregoing instrument for the purpose therein contained
by signing the name of the company by himself/herself as on behalf of the
City of Port Arthur, a Municipal Corporation.
IN WITNESS WHEREOF, I hereto set my hand and official seal.
Notary Public
State of
[SEAL]
My commission expires:
3
ABANDONED FACILITIES BILL OF SALE
Effective Date: , 2021
Grantor: City of Port Arthur
Grantor's Address:
City of Port Arthur
Attn: City Manager
444 4th Street
Port Arthur, Texas 77641-1089
Grantee: PALNG Common Facilities Company,LLC
c/o Sempra Energy
488 8th Street, HQ13S3
San Diego,CA 92101
Real Property: See Exhibit A
Transferred Facilities:
All items of personal property,both tangible and intangible(excluding cash), affixed or
attached to, or placed or situated on, the Real Property in connection with the Abandoned Facilities
as defined in that certain Asset Relocation Agreement between Grantor and Grantee dated February
27, 2019, including,without limitation,the following:
1. All equipment,pipelines,and fixtures owned by Grantor and located in or on or
used in connection with the Real Property or the operations thereon.
2. All of Grantor's interest in all use, and operating permits, if any,and all licenses
and approvals issued from time to time with respect to the Real Property or the Transferred
Facilities.
3. All of Grantor's interest in and to all existing and assignable guarantees and
warranties,express or implied, if any, issued in connection with the construction, alteration,and
repair of the Transferred Facilities and the purchase, installation, and repair of the Transferred
Facilities, to the extent that such guarantees and warranties are known to and in the possession of
Grantor.
Consideration: Ten Dollars in hand received and for other «ood and valuable consideration, the
sufficiency of all of which is agreed and acknowledged.
For the Consideration,Grantor transfers to Grantee the Transferred Facilities.
As a material part of the Consideration for this sale, Grantor and Grantee agree that Grantee is
taking the Transferred Facilities"AS IS"and that there are no representations, disclosures, or express or
implied warranties except those contained in this bill of sale. Grantee has not relied on any information
other than Grantee's inspection.
Grantor indemnifies and holds Grantee harmless from all claims, losses,costs,expenses,or causes
of action relating to the Transferred Facilities that arise prior to the Effective Date;such indemnity includes,
without limitation,expenses or damages for environmental or hazardous materials contamination related to
the Transferred Facilities. Grantee releases Grantor from expenses or damages for environmental or
hazardous materials contamination related to the Transferred Facilities that arise after the Effective Date.
Grantor agrees to execute and deliver any additional documents reasonably necessary or
appropriate to carry out the intent of this bill of sale in transferring the Transferred Facilities to Grantee.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
CITY OF PORT ARTHUR
By:
Print Name:
Print Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
On this day of ,2021,before me a notary public,the undersigned
officer,personally appeared ,who acknowledged himself/herself to be the
of the City of Port Arthur,a Municipal Corporation,and that
he/she as such officer,being authorized to do so,executed the foregoing instrument for the purpose therein
contained by signing the name of the company by himself/herself as
on behalf of the City of Port Arthur, a Municipal Corporation.
IN WITNESS WHEREOF, I hereto set my hand and official seal.
Notary Public
State of
[SEAL]
My commission expires:
GRANTEE:
PALNG COMMON FACILITIES COMPANY, LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
}
COUNTY OF SAN DIEGO
On before me, _(here
Insert name and title of the officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Exhibit A to Abandoned Facilities Bill of Sale
Real Property
DESCRIPTION OFCENTERLINEOFATEN (10) FOOT WIDE CITY OF PORTARTHUR WATER LINE EASEMENT,
IN THE PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438; N.COLEMAN SURVEY,ABSTRACT NO. 12; P.B.
O'CONNERSURVEYABSTRACTNO. 185;JOHNBENNETTSURVEY,ABSTRACTNO.71ANDT. &N.O.
RAILROAD SURVEY,SECTION NO. 123,ABSTRACT NO. 251 OF JEFFERSON COUNTY,TEXAS,AND BEING
UPON,OVER,THROUGH AND ACROSSTHOSE TRACTS OF LAND(A CALLED 624.700 ACRES TRACT(TRACT
2N)AND A CALLED 1,140.606ACRESTRACT(TRACT 1),CONVEYED TO PALNG COMMON FACILITIES
COMPANY, LLC(MERGED FROM PORT ARTH UR LNG HOLDINGS, LLC IN THAT CERTAIN CERTI FI CATE OF
MERGER AS RECORDED IN COUNTY CLERK'S FILE NO. (C.C.F.N.)2019023057,OF THE OFFICIAL PUBLIC
RECORDSOFJEFFERSON COUNTY,TEXAS(0.P.R.J.C.T.))IN AN INSTRUMENT FILED FOR RECORD UNDER,
C.C.F.N. 2006017390,OFTHE O.P.R.J.C.T.,AND THAT CERTAIN CALLED 5.657 ACRESTRACT CONVEYED
TO PALNG COMMON FACILITIESCOMPANY, LLC,AS RECORDED IN C.C.F.N.2019005328,OFTHE
O,P.R.J.C.T.,REFERRED TO HEREIN AFTER ASTHE ABOVE REFERENCEDTRACT OF LAND,SAID TEN(10)
FOOT WIDE WATER LINE EASEMENT BEING SITUATED FIVE(5) FEET ON EACH SIDE OF THE HEREIN
DESCRIBED CENTERLINE,THE SIDELINESOFSAID WATER LINE EASEMENT BEING LENGTHENEDOR
SHORTENED TO INTERSECT THE BOUNDARIES OF THE ABOVE REFERENCED TRACT OF LAND,SAID TEN
(10) FOOT WIDE WATER LINE EASEMENT BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS, WITH
ALL BEARINGSAND DISTANCESHEREIN BEING GRID,BASED UPONTHETEXASSTATE PLANE
COORDINATE SYSTEM,TEXAS SOUTH CENTRAL ZONE(4204), NORTH AMERICAN DATUM OF 1983 (NAO
83), US SURVEY FEET,AS DERIVED FROM A GLOBAL POSITIONING SYSTEM(GPS)SURVEY PERFORMED BY
UNIVERSALENSCO, INC., IN NOVEMBEROF2020;
COMMENCING at a concrete monument stamped"GULF OIL CORP",found at the Northeast comer of
the above referenced tract of land,and the most Southeasterly corner of a called 120.517 acres tract of
land, Tract9,as recorded in C.C.F.N.9505598,of the O.P.R.J.C.T.;
THENCE South 87°02'48"West,with the Northerly line of the above referenced tract of land and the
Southerly line of said called 120.517 acres tract,a distance of 160.6 feet to the POINT OF BEGINNING of
the herein described centerline, having coordinates of North 13,879,635.4 and East 3,565,520.3;
THENCE through and across the above referenced tract of land, the following courses and distances:
South 19°42'East, a distance of 262.8 feet to a point;
South 19°07' East, a distance of 3,571.6 feet to a point;
South 18°59'East,a distance of 6,042.1 feet to a point;
South 19°09'East,a distance of 2,579.1feet to a point;
South 19°14'East, a distance of 2,182.4feet to the point of beginning of a curve to the left;
Along said a curve to the left, having a radius of 2,829.9 feet,a central angle of 30°07', an arc
length of 1,487.4feet and a long chord which bears,South 36°51'East,a distance of 1,470.3 feet
to a point;
South 49°21'East,a distance of 16.6 feet
to the POINT OF TERMINATION of the herein described centerline, having coordinates of North
13,864,842.6,and East 3,571,814.1,from which a five eights(5/8) inch iron rod with cap stamped
"UNIVERSAL ENSCO INC"found for the most Southerly corner of the above referenced tract of land and
the most Westerly corner of a called 110.418 acres tract of land as recorded in C.C.F.N.2004017255,of
the O.P.R.J.C.T.;, bears South 53°25'43"West,a distance of 3,620.Ofeet,said centerline having a total
length of 16, 142.0 feet (978.303 rods), said Permanent Easement containing 3.71 acres of land, more or
less.
After recording return to:
PALNG Common Facilities Company, LLC
c/o Sempra Energy
488 8th Street,HQ09N1
San Diego,CA 92101
Fax: (619)699-5150
ATTN: Jennifer DeMarco
EASEMENT AGREEMENT
FOR WATERLINE PURPOSES
THIS EASEMENT AGREEMENT FOR WATERLINE PURPOSES (this "Agreement") is
entered into as of , 2021, by and between PALNG Common Facilities
Company,LLC,a Delaware limited liability company("Grantor")and City of Port Arthur("Grantee").
Grantor and Grantee may hereinafter be referred to individually as a "Party" and collectively as the
"Parties."
WHEREAS, Grantor is the owner of that certain real property located in Jefferson County,Texas,
as more particularly described on Exhibit A attached hereto("Grantor's Property").
WHEREAS,Grantee has requested from Grantor, and Grantor has agreed to convey to Grantee an
easement on, over, under and through Grantor's Property in connection with Grantee's underground
waterline facilities on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and
conveys unto Grantee a right-of-way,consisting of a permanent,non-exclusive easement("Easement")
(subject to Sections 1 and 2 below),more particularly described on Exhibit B attached hereto("Easement
Property"), to place one (1) or more waterlines together with such valves, fittings, and necessary
appurtenances (collectively,the"Facilities"), for the purposes of transporting potable water and the right
to construct, maintain,operate,replace,repair,alter and remove said Facilities.
The Easement and all rights granted herein to the Grantee are expressly subject to and conditioned
upon the following terms and conditions:
1. Access Rights. Grantee,at any and all reasonable times, shall have the right of ingress and egress
along then existing roads and other existing access routes on or over Grantor's Property,but not on or over
other portions of Grantor's Property except with the express consent of Grantor or its successors or assigns
Grantee understands there are other existing easements located on Grantor's Property, including without
limitation easements for electrical utility lines, telecommunication facilities, waterlines and oil and gas
pipelines,which are located above and below the ground and which may cross or be adjacent to Grantee's
Easement("Third Party Easements"). Grantee's right of ingress and egress is subject to the rights of such
Third Party Easement holders,and Grantee agrees not to materially interfere with such rights,nor to damage
any facilities subject to the Third Party Easements.
2. Crossing Rights. Grantor reserves unto itself, its successors and assigns, with reference to the
Easement Property described on Exhibit A, the right to fully use and enjoy the Easement Property,
including but not limited to the right to construct roads, streets, bridges,pipelines,waterlines, sidewalks,
passageways, parking lots, fences, electric lines and powerlines, and other facilities, including but not
limited to the relocation of a portion of Texas State Highway 87 and other pipelines and utilities
("Improvements") across said Easement Property for purposes of development and subdivision of
Grantor's Property,or any portion thereof,provided that such Improvements shall not materially interfere
with the rights granted herein. This provision shall be a covenant running with the land and shall be binding
on the Parties.
3. "AS IS". Grantee is on NOTICE THAT THERE ARE ELECTRICAL UTILITY LINES AND
FACILITIES AS WELL AS OIL AND GAS PIPELINES ABOVE AND BELOW THE GROUND AND
WHICH MAY CROSS OR BE ADJACENT TO THE GRANTEE'S EASEMENT. Therefore, this
Easement is conditioned upon Grantee, through its duly authorized representative, agreeing to enter the
property on an"AS IS"basis and at the sole risk of Grantee with respect to the condition of the Easement
Property. BY ITS ACCEPTANCE HEREOF, GRANTEE AGREES THAT IT IS RECEIVING THE
EASEMENT PROPERTY"AS IS" AND IN ITS PRESENT CONDITION WITH ALL DEFECTS, IF
ANY,AND GRANTEE ASSUMES ALL RISK AND LIABILITY RESULITING OR ARISING FROM
GRANTEE'S USE, OCCUPANCY OR POSSESSION OF THE EASEMENT INCLUDING BUT NOT
LIMITED TO ALL RISK AND LIABILITY RESULTING OR ARISING FROM ANY HAZARDOUS
MATERIALS THAT MAY BE LOCATED IN,ON, UNDER OR AROUND THE EASEMENT.
4. No Conveyance of Real Property. It is distinctly understood and agreed that this Agreement does
not constitute a conveyance of any part of the land described herein or of the oil,gas and minerals therein
and thereunder,but grants to the Grantee only the Easement and related rights expressly enumerated herein.
5. Grantor's Mineral Rights. This Easement and associated rights granted to the Grantee hereunder
are further subject to the right of Grantor, its successors or assigns, transferees or lessees (which right is
hereby expressly reserved)to use,occupy and enjoy the Easement Property,for all purposes,in such manner
and at such times as it, they or any of them shall desire to use same, including but without limitation, for
the purpose of conducting oil, gas and mineral operations on any of such, for the production, storage,
transportation and disposition of oil, gas, sulphur or other minerals, under minerals leases, or otherwise,
and for the purpose of reclamation, farming, grazing, and hunting; provided, however, that such use,
occupation and enjoyment(i)must comply with the restrictions enumerated in Section 2 above and(ii)shall
not materially interfere with the rights granted herein.
6. Maintenance of Easement Property. Following any surface activities undertaken by Grantee or on
its behalf upon the Easement Property,Grantee will remove from the Easement Property all brush and other
debris caused by its operations, leaving the Easement Property at all times in presentable condition,all to
the satisfaction of Grantor. All Facilities installed or erected and permanently maintained by Grantee upon
the Easement Property and which are situated in whole or in part upon or above the surface of the ground
will,at Grantee's sole expense, be adequately protected to prevent cultivators,mowers or other vehicles or
equipment coming onto or traversing the Easement Property from coming into contact therewith. Grantee
will provide Grantor a plat or plats identifying the nature and location of all such ground level and above
ground facilities or equipment from time to time maintained by Grantee upon the Easement.
7. Assignment. All proposed assignments or transfers by Grantee of this Agreement and Grantor's
rights,duties and obligations hereunder may be made only with the prior written consent of Grantor or its
successors or assigns, which consent shall not be unreasonably withheld, conditioned or delayed.
Notwithstanding the foregoing,Grantee must provide to Grantor evidence satisfactory to Grantor in its sole
determination as to the creditworthiness of Grantee's intended assignee contemporaneous with Grantee's
written request for Grantor's written consent to the proposed assignment. Grantee, its successors and
assigns, will timely provide Grantor with a complete copy of all assignment(s) by Grantee whereby the
Grantee shall assign, and the proposed assignee shall assume,all of Grantee's rights and obligations under
this Agreement and which shall be recorded in the applicable public records of Jefferson County, Texas.
No assignment of Grantee's rights under the Easement shall relieve Grantee of any of its obligations under
this Agreement.
8. Relocation. The Parties hereto recognize that Grantor, its successors and assigns,may at some time
in the future seek the relocation of all or a portion of the Easement. In the event Grantor proposes such
relocation,which would be accomplished at the sole expense of Grantor, Grantee agrees to negotiate such
relocation in good faith, the approval of which shall not be unreasonably withheld by Grantee.
Notwithstanding the foregoing, Grantee's consent shall not be required for any proposed relocation if
Grantor makes available a commercially reasonable alternative location for the Easement on Grantor's
Property. In the event Grantee agrees to such relocation and the manner and means of relocation, Grantor
agrees to grant additional right-of-way easements for the purposes described herein. Grantee agrees to
promptly release by a recordable instrument any portion of the Easement granted herein which is abandoned
as a result of such relocation.
9. Prompt Payment for Damages. As long as the Easement is used for the purposes granted herein,
Grantee, for itself and on behalf of its permitted successors and assigns, hereby agrees to repair or pay any
damages that may arise to Grantor's Property, including but not limited to damage to any Improvements,
fences, canals, ditches, levees, terraces,roads, or other property arising from maintenance, operation and
removal of Grantee's Facilities. Grantee shall pay or commence to repair such damage within ten(10)
business days after receiving notice of such damage and if repairing shall diligently prosecute such repairs
to completion.
10. Applicable Laws. At all times, Grantee shall comply with all applicable laws, statutes, codes,
ordinances,rules, regulations,directives,permits,approvals,authorizations and orders of all governmental
authorities with jurisdiction that are now or hereafter applicable to Grantee's activities in connection with
the Easement or on the Easement Property(collectively,"Applicable Laws"). Grantee shall deliver written
notice of any violation of Applicable Laws to Grantor within five(5)business days after receiving notice
of such violation. Grantee shall commence to resolve any violation of any Applicable Law arising from
Grantee's activities within the Easement within five(5)business days after receiving actual notice of such
violation and shall diligently prosecute such resolution to completion.
11. Hazardous Materials. Grantee shall not use or bring onto the Grantor's Property(and shall not
allow to be used or brought onto the Grantor's Property) any Hazardous Materials (as defined below),
except as may be reasonably required in connection with the purpose of the Easement and then only in full
compliance with and in amounts that do not, individually or in the aggregate, trigger any reporting
obligations under Applicable Laws, including but not limited to (a) the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (as amended), 42 U.S.C. § 9601, et seq., (b) the
Hazardous Materials Transportation Act (as amended), 49 U.S.C. § 1801, et seq., (c) the Resource
Conservation and Recovery Act (as amended),42 U.S.C. § 6901,et seq., (d)the Federal Water Pollution
Control Act(as amended),33 U.S.C.§ 1251,et seq., (e)the Clean Air Act(as amended),42 U.S.C. § 7401,
et seq., (f)the Toxic Substances Control Act(as amended), 15 U.S.C. § 2601,et seq., (g)the Oil Pollution
Act(as amended),33 U.S.C. §2701, et seq., (h)the Occupational Safety and Health Act(as amended), 29
U.S.C. § 651, et seq., (i)the Emergency Planning and Community Right-to-Know Act(as amended) 42
U.S.C. § 11001, et seq., and (j)any other Applicable Laws of the State of Texas, and(o) any regulations
adopted and guidance promulgated pursuant to the aforesaid Applicable Laws or common law. "Hazardous
Materials" shall mean any substance, material or waste which is now or hereafter classified as hazardous
or toxic, or which is regulated under current or future Applicable Laws, including but not limited to
petroleum, flammable substances, explosives, radioactive materials, asbestos, formaldehyde foam
insulation,polychlorinated biphenyls, lead, radon, and transformers containing dielectric fluid containing
levels of polycholorinated biphenyls in excess of 50 parts per million. If Grantee or any of Grantee's
affiliates, employees,subcontractors,consultants or agents cause any contamination of the Easement or the
groundwater, then Grantee shall be responsible and liable for all remediation and clean-up of such
contamination to a condition appropriate for commercial/industrial use in accordance with all requirements
of the governmental authority with jurisdiction over the remediation and clean-up of such contamination,
which shall be performed at Grantee's sole expense. Grantee shall deliver written notice to Grantor within
twenty-four (24) hours of receiving actual notice of the following affecting the Easement or the
groundwater: (x) any proceeding or inquiry by any governmental authority with respect to Hazardous
Materials, (y) any actual or threatened claim by any governmental authority or third party relating to
Hazardous Materials, or(z)the discovery of any Hazardous Materials.
12. Mechanic's Liens. Grantee shall keep the portion of Grantor's Property that will be burdened by
the Easement free from and shall promptly discharge all mechanic's or materialman's liens arising from
any work performed, material furnished or obligations incurred in connection with any of Grantee's
activities within the Easement, including,without limitation,by the posting of a statutory payment bond to
bond over any such lien (provided, however, that Grantee may contest any such lien by appropriate
proceedings). Grantee shall satisfy such lien in full within thirty(30)days after such proceeding has become
fmal and unappealable. Without limiting the foregoing,Grantee may settle any such lien on terms it deems
satisfactory in its sole discretion so long as such settlement results in the removal of such lien from the
Easement pursuant to Applicable Laws and does not require any admission of liability by Grantor or impose
any liability or obligation on Grantor.
13. Taxes. Grantee shall pay all personal property taxes attributable to its Facilities in the Easement, if
any.
14. Insurance. At all times during the Term, Grantee shall, at its expense, maintain a broad form
commercial general liability insurance from an insurance company authorized to do business in Texas with
an A.M.Best rating of"A-"or better, (a)comprehensive general liability or commercial general liability
insurance,with limits of not less than Five Million and No/100ths Dollars($5,000,000.00)per occurrence
and not less than Ten Million and No 100ths Dollars($10,000,000.00)in the aggregate,for bodily injury,
death and property damage and including contractual liability coverage; (b) workers' compensation
insurance and employer's liability insurance in accordance with requirements of Applicable Laws;and(c)
automobile liability insurance on all vehicles owned or operated by Grantee's contractors and
subcontractors with a combined single limit per occurrence of not less than Five Million and No/100ths
Dollars($5,000,000.00). All such insurance policies shall name Grantor as an additional insured, contain
a waiver of subrogation clause, severability of interest clause and cross-liability clause,and provide that
the insurance coverages may not be amended or terminated without thirty(30)days prior written notice to
Grantor. From time to time upon Grantor's request, Grantee shall provide to Grantor copies of insurance
certificates evidencing such insurance coverage.
15. Indemnification. Grantee shall indemnify, defend and hold harmless Grantor and Grantor's
affiliates,members,managers,officers,directors,employees,representatives,mortgagees and agents(each,
an "Indemnified Party") for, from and against losses, damages, claims, lawsuits, costs, expenses and
liabilities (including but not limited to reasonable attorney's fees) arising out of(i) any operations or
activities of Grantee or its respective employees, contractors, subcontractors, agents or invitees on the
Easement; (ii)any negligence or willful misconduct on the part of Grantee or its respective employees,
contractors, subcontractors, agents or invitees; (iii) any breach of this Agreement by Grantee or its
respective employees, contractors, subcontractors, agents or invitees; or (iv) any Hazardous Materials
contamination at, around or beneath the Easement or in the groundwater caused by Grantee or its respective
employees, contractors, subcontractors,consultants,agents or invitees or any violation of the requirements
set forth in Section 12 by Grantee or its respective employees, contractors, subcontractors, consultants,
agents or invitees. This indemnification shall not apply to losses, damages, claims, costs, expenses and
liabilities to the extent caused by gross negligence or willful misconduct on the part of the Indemnified
Party. This indemnification shall survive the termination of this Agreement. In no event shall either party
shall be liable to the other party for incidental, consequential, special, punitive or indirect damages,
including,without limitation,loss of use,loss of profits,costs of capital or increased operating costs, arising
out of this Easement, whether by reason of contract, indemnity, strict liability, negligence, intentional
conduct,breach of warranty,or otherwise,except in the case of claims for incidental,consequential,special,
punitive or indirect damages by third parties.
16. Attorneys'Fees. If Grantor or Grantee files any action or brings any proceeding against the other
party arising from or related to this Easement,the prevailing party shall be entitled to recover from the other
party element of its costs of suit and not as damages) reasonable attorneys'fees (including both in-house
and outside attorneys'fees),costs and expenses incurred by the prevailing party in such action or proceeding
(including any appeals).
17. Abandonment. If Grantee abandons its use of the Facilities for a period of one(1)continuous year
after construction of such Facilities is complete, other than as a result of force majeure, and if Grantee
thereafter fails to recommence utilization of the Facilities within ninety(90)days after receipt of written
notice from Grantor requesting Grantee to either recommence utilizing the Facilities or to be deemed to
have abandoned such Facilities,then,Grantee shall,as soon as practicable thereafter,remove all Facilities
from the surface of the Land.
18. Default. If Grantee fails to perform any affirmative duty or obligation of Grantee under this
Agreement that remains uncured for thirty(30)days after written notice thereof(or if such cure cannot be
completed within thirty(30)days, if such cure is not commenced within thirty(30)days or thereafter is not
diligently prosecuted to completion), Grantor may pursue any right or remedy available at law or in equity
as a result without any requirement of further notice or demand, including but not limited to,termination
of this Easement and termination of Grantee's right to possession of the Easement by any lawful means.
19. Notices. Any notice required or permitted by this Agreement shall be in writing.Notice shall be
deemed to have been sufficiently given for all purposes when sent by certified or registered mail,postage
and fees prepaid via reputable overnight courier, addressed to the applicable Party at the address listed
below. Any successor to any of the Parties should give notice of their succession and provide Notice
addresses in writing to the other Party utilizing the procedures set forth herein.
Grantor:
PALNG Common Facilities Company, LLC
c/o Sempra Energy
488 8th Street,HQ09N1
San Diego, CA 92101
Attn: Legal Department
WITH COPY TO:
Stahl,Bernal,Davies, Sewell&Chavarria, LLP
7320 N. MoPac, Suite 211
Austin, Texas 78731
Attn:Brent Stahl
Grantee:
City of Port Arthur
Attn:City Manager
444 4th Street
Port Arthur,Texas 77641-1089
Fax:(409)983-8128
WITH COPY TO:
City of Port Arthur Legal Department
Attn: City Attorney
444 4th Street
Port Arthur,Texas 77641-1089
Fax: (409)983-8124
20. Legal Matters. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Texas. Venue shall be proper in the County where the Easement Property is located.
2 I. Captions for Convenience.All headings and captions used herein are for convenience only and are
of no meaning in the interpretation or effect of this Agreement.
22. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original and all of which when taken together shall constitute one and the same document.
23. NO WARRANTIES. THE EASEMENT AND RELATED RIGHTS GRANTED HEREIN AND
MADE SUBJECT TO THIS AGREEMENT ARE GRANTED WITHOUT WARRANTY OF TITLE,
EITHER EXPRESS OR IMPLIED.
{signatures on Collowing page}
IN WITNESS WHEREOF, the Parties hereby execute this Agreement as of the date first above
written.
GRANTOR:
PALNG COMMON FACILITIES COMPANY, LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me, (here
Insert name and title of the officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
GRANTEE:
CITY OF PORT ARTHUR
By:
Print Name:
Print Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
On this day of , 2021, before me a notary public, the undersigned
officer, personally appeared , who acknowledged himself/herself to be the
of the City of Port Arthur, a Municipal Corporation, and that
he/she as such officer, being authorized to do so,executed the foregoing instrument for the purpose therein
contained by signing the name of the company by himself/herself as
on behalf of the City of Port Arthur, a Municipal Corporation.
IN WITNESS WHEREOF, I hereto set my hand and official seal.
Notary Public
State of
[SEAL]
My commission expires:
EXHIBIT A
Legal Description of Grantor's Property
1364.096 Acre Tract(Grid), 1364.191 Acre(Surface)
BEING a 1364.096 acre tract of land(Grid) out of and a part of those certain Port Arthur LNG Holdings,
LLC(Now known as PALNG Common Facilities Company, LLC per merger recorded in Clerk's File No.
2019023057 of the Official Public Records of Jefferson County,Texas)called 1140.606 acre tract(Tract
1), called 624.700 acre tract(Tract 2N),called 3.519acre tract(Tract 12)and called 44.487 acre tract
(Tract 14,being the Highway87 Right-of-Way)and being all of those certain called 0.347 acre tract
(Tract 3),called 0.008 acre tract(Tract 4),called 3.561 acre tract(Tract 6),called 0.313 acre tract(Tract
7), called 0.376acretract(Tract 8),called 0.099 acre tract(Tract 9),called 0.128 acre tract(Tract 10),
called 0.254acretract(Tract 11),all being more fully described and recorded in Clerk's File No.
2006017390 in said Official Public Records and being all of that certain Port Arthur LNG Holdings,LLC
called 2.605 acre tract of land, more fully described and recorded in Clerk's File no. 2008018145 of said
Official Public Records,and being all those certain PALNG Common Facilities Company, LLC called 5.657
acre tract and called 120.75acretractof land, more fully described and recorded in Clerk's File No.
2019005328 of said Official Public Records,all of that certain Port Arthur LNG Holdings, LLC called 3.905
acre tract of land, more fully described and recorded in Clerk's File No. 2016016872 of said Official
Public Records,and being out of and a part of that certain Sempra Energy Production Company called
320 acre tract of land, more fully described and recorded in Volume 157, Page 331 of the Deed Records
of Jefferson County,Texas,and all of that certain PALNG Common Facilities Company, LLC called 0.222
acre tract of land, more fully described and recorded in Clerk's File No. 2020027835 of said Official
Public Records.Said 1364.096 acre tract of land (Grid) being out of the T. &N.O. RR.Survey, Section No.
123,Abstract No.251, theJohn Bennett Survey, Abstract No.71,the P. B. 0' Conner Survey, Abstract
No. 185,the Pedro de la Garza Survey, Abstract No.438,and the N.Coleman Survey, Abstract No. 12,
Jefferson County, Texas and being more particularly described as follows:
BEGINNING at a concrete monument stamped"GULF OIL CORP."found at the Northeast corner of said
0.347 acre tract,said 320 acre tract and said Abstract No.251,same being the Southeast corner of that
certain Premcor Refining Group, Inc.called 120.517 acre tract of land, more fully described as Tract 9
and recorded in Clerk's File No. 9505598 of said Official Public Records and the M. Broussard Survey,
Section No. 122,Abstract No.486, and being in the West line of that certain Bridge City Real Properties,
LLC called 8.3035 acre tract of land, more fully described as Tract III and recorded in Clerk's File No.
2005032661 of said Official Public Records and said Abstract No.71;
THENCE South 02 deg.53 min. 38 sec. East along and with the East line of said 0.347-acre tract and said
0.008-acre tract,a distance of 467.13 feet to a point for the South corner of said 0.008-acre tract,same
being in the Northeast line of said 44.487-acre tract and State Highway No.87 right-of-way(Width
Varies),same being the Southwest line of said 8.3035-acretract;
THENCE South 21 deg.43 min. 52 sec. East along and with the Northeast line of said44.487-acre tract
and said State Highway No. 87 right-of-way,same being the West line of said 8.3035 acre tract and that
certain Associated Marine Services, Inc.called 6.910 acre tract of land, more fully described and
recorded in Clerk's File No. 2007046912 of said Official Public Records, passing at a distance of 798.35
feet a 2 inch iron pipe found for the South corner of said 8.3035 acre tract,same being the West corner
of said 6.910 acre tract,continuing on for a total distance of 1498.20 feet to a 2 inch iron pipe found for
the South corner of said 6.910 acre tract;
THENCE North 68 deg.21 min. 37 sec. East along and with the South line of said 6.910 acre tract,a
distance of 520.59 feet to a point for corner in the west line of the Sabine-Neches Waterway;
THENCE in a Southeasterly direction along and with the West line of said Waterway the following
courses and distances:
South 20 deg.06 min. 54 sec. East,a distance of 6356.47feet to a point for corner;
South 21 deg.36 min. 04 sec. East,a distance of 5753.25 feet to a point for corner;
South 33 deg.07 min. 44 sec. East,a distance of 808.81 feet to a point for corner;
South 36 deg.01 min. 15 sec. East,a distance of 531.60 feet to a point for corner;
South 38 deg.49 min. 04 sec. East,a distance of 550.17 feet to a point for corner;
THENCE South 49 deg.31 min. 18 sec.West,a distance of 432.75 feet to a point for corner;
THENCE North 89 deg.43 min. 41 sec.West, passing at a distance of 45.05 feet a PK nail set for
reference,continuing on for a total distance of 123.90 feet to a PK nail set for an angle corner in the
South line of the herein described tract;
THENCE South 52 deg. 15 min. 06 sec.West, passing at a distance of 61.24 feet a 5/8 inch iron rod with
cap stamped"WORTECH"found in the West line of Highway 87 for the Southeast corner of said 624.700
acre tract,same being the Northeast corner of that certainJefferson County,Texas called 110.418 acre
tract of land, more fully described and recorded in Clerk's file No. 2004017255 of said Official Public
Records,continuing along and with the South line of said 624.700 acre tract,same being the North line
of said 110.418 acre tract,for a total distance of 3524.15 feet to a 1 inch iron pipe found at the
Southwest corner of said 624.700 acre tract and the herein described tract,same being the Northwest
corner of said 110.418 acre tract and being in the East line of that certain Texas Parks and Wildlife
Department called 2105.69 acre tract of land, more fully described as Tract B and recorded in Volume
2409, Page 429 of said Deed Records;
THENCE in a Northwesterly direction along and with the West line of said 624.700 acre tract,same being
the East line of said 2015.69 acre tract,the following courses and distances:
North 55 deg.43 min. 11 sec.West,a distance of 258.91 feet to a 1 inch iron pipe found at an
angle corner in a West line of the herein described tract;
North 44 deg.59 min. 56 sec.West,a distance of 279.19 feet to a 1 inch iron pipe with cap
stamped"WORTECH SURVEYORS"found at an angle corner in a West line of the herein
described tract;
North 22 deg.43 min. 13 sec.West,a distance of 2499.84 feet to a 1 inch iron pipe with cap
stamped"WORTECH"found at an angle corner in a West line of the herein described tract;
North 22 deg. 17 min. 27 sec.West,a distance of 5196.06 feet to a 1 inch iron pipe inside a 3
inch iron pipe found at the Northwest corner of said Tract 2N,same being the most Northerly
Northeast corner of said 2105.69 acre tract,same being the Southwest corner of said 5.657 acre
tract and same being the most Easterly Southeast corner of that certain
Texas Parks and Wildlife Department called 644.93 acre tract of land, more fully described as
Tract C and recorded in Volume 2409,Page 429 of said Deed Records;
THENCE North 22 deg. 17 min. 27 sec.West along and with the West line of said 5.657 acre tract,same
being an East line of said 644.93 acre tract,a distance of 51.58 feet to a point in the South line of said
1140.606 acre tract,same being the Northwest corner of said 5.657 acre tract and same being the most
Easterly Northeast corner of said 644.93 acre tract,from which a Texas Parks and Wildlife brass disc
monument found bears South 66 deg. 57 min.48 sec. East,a distance of 0.73 feet;
THENCE South 53 deg.31 min. 23 sec.West along and with the South line of said 1140.606 acre tract,
same being a North line of said 644.93 acre tract,a distance of 1717.76 feet to a 3 inch iron pipe with
disk stamped"KOHLER"found at the Southwest corner of said 1140.606 acre tract,same being the
Southeast corner of that certain Texas Parks and Wildlife Department called 1323.84 acre tract of land,
more fully described as Tract A and recorded in said Volume 2409, Page 429 of said Deed Records;
THENCE North 21 deg.07 min. 15 sec.West along and with the West line of said 1140.606 acre tract,
same being the East line of said 1323.84 acre tract,a distance of 4111.64 feet to a 1 inch iron pipe found
at an angle corner in a West line of the herein described tract;
THENCE North 21 deg.41 min. 56 sec.West continuing along and with the West line of said 1140.606
acre tract,same being the East line of said 1323.84 acre tract,a distance of 241.25 feet to a point for
corner of the herein described tract;
THENCE North 68 deg.00 min. 00 sec. East over and across said 1140.606 acre tract,passing at a
distance of 30.00 feet a 1 inch iron pipe with cap stamped"UA ENG.TBPLS NO. 10105600" set for
reference,continuing for a total distance of 1872.18 feet to a 1 inch iron pipe with cap stamped"LJA
ENG.TBPLS NO. 10105600" set for an angle corner in a North line of the herein described tract;
THENCE North 84 deg.36 min. 24 sec. East,a distance of 142.04feet to a 1 inch iron pipe with cap
stamped"LJA ENG.TBPLS NO. 10105600"set for an angle corner in a West line of the herein described
tract,same being in the West right-of-way line of the proposed State Highway 87(120 foot wide)
reroute and being the beginning of a non-tangent curve to the right having a radius of 4060.00 feet,a
delta angle of 28 deg.36 min. 06 sec.,a chord bearing of North 15 deg.47 min. 05 sec. East,and a chord
length of 2005.75 feet;
THENCE along and with the West line of said proposed State Highway87 reroute and said curve to the
right, passing 5/8 inch iron rods with caps stamped"HALFF"found at a distance of 267.62 feet and at
1242.80feet,continuing on for a total distance of 2026.73 feet to a 5/8 inch iron rod with cap stamped
"HALFF" found in the West line of the herein described tract;
THENCE North 30 deg.05 min. 08 sec. East along and with the West line of said proposed State Highway
87 reroute,a distance of 763.46 feet to a 5/8 inch iron rod with cap stamped"HALFF" found at the being
the beginning of a curve to the left, having a radius of 2940.00 feet,a delta angle of 19 deg.46 min. 14
sec.,a chord bearing of North 20 deg. 12 min. 01 sec. East,and a chord length of 1009.46feet;
THENCE along and with the West line of said proposed State Highway87 reroute and said curve to the
left,passing at a distance of 493.30 feet a 5/8 inch iron rod with cap stamped"HALFF"
found, continuing on for a total distance of 1014.49feet to a 1 inch iron pipe with cap stamped"UA
ENG.TBPLS NO. 10105600" set for corner of the herein described tract;
THENCE North 32 deg.01 min. 27 sec. West,a distance of 468.88 feet to a 1 inch iron pipe with cap
stamped"UA ENG.TBPLS NO. 10105600"set for corner of the herein described tract;
THENCE North 2 deg.33 min. 36 sec.West,a distance of 508.60 feet toa 1 inch iron pipe with cap
stamped"UA ENG.TBPLS NO. 10105600"set for corner of the herein described tract;
THENCE North 10 deg.31 min. 59 sec.West,a distance of 818.69 feet to a point for corner of the herein
described tract;
THENCE South 68 deg.04 min. 35 sec.West,a distance of 39.57 feet to a 1 inch iron pipe with cap
stamped"UA ENG.TBPLS NO. 10105600"set for corner of the herein described tract;
THENCE North 23 deg.35 in. 43 sec.West,a distance of 296.11 feet to a 1 inch iron pipe with cap
stamped"UA ENG.TBPLS NO. 10105600"set for corner of the herein described tract;
THENCE North 66 deg.50 min. 45 sec. East,a distance of 159.60feet to a 1 inch iron pipe with cap
stamped"UA ENG.TBPLS NO. 10105600"set for corner of the herein described tract;
THENCE North 06 deg. 28 min. 32 sec.West,a distance of 113.42 feet to a 1 inch iron pipe with cap
stamped"LJA ENG.TBPLS NO. 10105600"set for corner of the herein described tract,same being in the
North line of said 1140.606 acre tract and said Abstract No.251,same being the South line of said
120.517 acre tract and said Abstract 486;
THENCE North 87 deg.02 min. 32 sec. East along and with the North line of said 1140.606 acre tract and
said Abstract No.251, same being the South line of said 120.517 acre tract and said Abstract No.251,
passing at a distance of 25.05 feet a 5/8 inch iron rod found for the Northwest corner of said 44.487 acre
tract,same being in the West line of said State Highway87 and passing at a distance of 256.69 feet a 5/8
inch iron rod found for the Northwest corner of said 0.347 acre tract,continuing for a total distance of
381.87feet to the POINT OF BEGINNING,containing 1364.096 acres of land (Grid), 1364.191 acres of
land (Surface), more or less.
EXHIBIT B
Legal Description of Easement Property
LEGEND EXHIBIT B
VOL. VOLUME
BK. BOOK PG. PAGE PORT ARTHUR, TEXAS
END. FOUND
PROP PROPOSED JEFFERSON COUNTYilli
PIL PIPELINE
SEC SECTION N.COLEMAN SURVEY,ABSTRACT NO. 12
DWG.NO. DRAWING NUMBER PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438
DOG.NO. DOCUMENT NUMBER P. B. O'CONNER SURVEY, ABSTRACT NO. 185
—IC— PROPERTY UNE
—-— CENTERLINE(CL) JOHN BENNETT SURVEY,ABSTRACT NO.71
11
ABSTRACT UNE
I . tRONROD T. & N. O. RR. SURVEY, SECTION NO. 123,
I P IRON PIPE
PE PERMANENT EASEMENT ABSTRACT NO. 251 N.T.S.VICINITY MAP
UTM UNIVERSAL TRANSVERSE MERCATOR ."
NAD 83 NORTH AMERICAN DATUM OF 1983
GPS GLOBAL POSITIONING SYSTEM 7 I(�I�'
J.C.CF.NO. JEFFERSON COUNTY CLERK FILE NUMBER SH.87J '`` {
O.P.R.J.CT. OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY,TEXAS �/
4 D.RJ.C.T. DEED RECORDS JEFFERSON COUNTY /
P.O.C. POINT OF COMMENCING SHEET7
P.O.B. POINT OF BEGINNING
rcIV••' 24150-250-PPL-152E0.007
P.O.E. POINT OF EXIT
764 P.O.R. POINT OF REENTRY
P.O.T. POINT OF TERMINATION TO PORT ARTHUR
S F.0.C. FIBER OPTIC CABLE .6EEE7 6
RIGHT OF WAY Y 24150.250PP415200136
e9 S.H. STATE HIGHWAY I {NIX
COPA CITY OF PORT ARTHUR SN''�
SQ.FT. SQUARE FEET / ROUND LAKE
TP.d W. TEXAS PARKSd WILDLIFE •�••
CONC.MON. CONCRETE MONUMENT �- I PALNG COMMON FACILITIES
, EXIST. EXISTING •/.• Y.
W/CAP WITH CAP COMPANY, LLC
PORT ARTHUR TRACT I
LAND COMPANY, LLC 44 CALLED 120.757 ACRES
C.C.F.N.2019005328,
Tract I I O.P-R.J.C-T.
Called 707.162 Acres(Grid) _ _ PALNG COMMON FACILITIES
Called 707.212 Acres(Surface) j •• ! COMPANY,LLC
C.C.F.N 2019036610, R ; l CALLED 0 222 ACRES
R % O.P.R.J.C.T, ,�OUNDLAIE , o,, C.C.F.N.2020027835.
A P O.P.R.J.C.T.
'1 CRACT NO. TX-JE-001.000 is
PALNG COMMON f•— i `V-5-
FACILITIES COMPANY,LLC 2.,5}SHEETS
?' SHEET
Tract( Lost LAKE7 \ " • 24150250APL 15200003
• Called 1140.606 Acres(Grid) N \
Called 1140.837 Acres(Surface) CL 10'WIDE
s WATER LINE
C.C.F.N 2006017390, EASEMENT \Ilk \
E O.P.R.J.C.T. N,
O MEET 4 CHANNEL TO KERN LAKE
5 24150259PPL.152000M- r
10'WIDE CITY OF PORT ARTHUR lk
>/
8 •
ii
J WATER LINE EASEMENT ./
UPON _r \---
i NOTES PALNG COMMON FACILITIES COMPANY, LLC I
L HE'TH LAKE
pt 1.OWNERSHIP INFORMATION FOR THIS EXHIBIT WAS FURNISHED BY
• REPRESENTATIVES OF THE CLIENT AND ISNOT WARRANTED BY (TRACT NO TX-JE-D01.000 i
THE SURVEYOR
s PALNG COMMON FACILITIES
a 2. ALL BEARINGS,DISTANCES,COORDINATES AND AREAS CONTAINED
R HEREIN ARE GRID BASIS OF BEARINGS43RID NORTHREFERENCEOTO) COMPANY. LLC A b.
THE TEXAS COORDINATE SYSTEM 1983,SOUTH CENTRAL ZONE(4204),
2011 ADJUSTMENT,(US SURVEY FEET)DERIVED FROM A GPS SURVEY TRACT 2N F c :.T4' �.
PERFORMED BY UNIVERSAL ENSCO,INC.,NOVEMBER2020. CALLED 624 700 ACRES(GRID) A�p.oG\ST f�9 4
5 CALLED 624.826 ACRES(SURFACE) A 4:i 4F, FQ1S' 4
3.SEE SHEETS 8,9 d 10 OF 10 FOR DESCRIPTgN. C.C.F.N.2006017390, S
R 4 THIS SURVEY WAS PERFORMED FOR THE STABLISHINGASUR ACE ORANASEULTEEASEILENCIFIC T m RPOSEOF O.P.R.J.C.T. ����tPHIL HAMMONS'•••,
2 1
E5.PORT ARTHUR LNG HOLDINGS,LLC MERGED INTO PALNG COMMON A 584D
FACILITIES COMPANY,LLC,AS RECORDED IN CLERKS FLE NO. 0 l S,00 �1P:Q- if
I 2019023057 P.R.J.C.T. V9jVti.ESSN°!�0
..71 f/e7A ...,..•
•
PHL HAMMONS DATE: SEE SHEET 2
REGISTERED PROFESSIONAL LAND SURVEYOR
H TEXAS REGISTRATION NO.5840 FOR PROPERTY CALCULATIONS
UEI TEXAS REGISTRATION NO.10031600
UNIVERSAL ENSCO,INC./4848 LOOP CENTRAL DR.,HOUSTON.TX 77081/713.425.6000 SHEET 1 OF 10
g REV OWN CHKD DATE SCALE AS SHOW SATE ORAMNG?AMER1 DIN BY CRC 05/10/18 D
CAKE BY:AS3 05/10/18 7''y^�pl_ CAD FILE NAME
L' �
FINAL CK.BC 05/10/18 SC l l a'
ENGR.. CS 05/10/18 �- REVISION
G APPRV AS3 05/10/18 L N G
PLANT NAME EASEMENT PLAT - 10' WIDE CITY OF PORT ARTHUR
1 LG PC 101/27/2021 PALNG RELOCATION WATER LIFE EASEMENT
0 PWH PH 10/22/2019 PORT ARTHUR, TEXAS UPON THE PROPERTY OF THE PALNG COMMON FACIUTIES COMPANY,LLC
j PREPARED BY: UNIVERSAL ENSCO, :NC. (PROJECT NUMBER 24150 24150-250-PPL-15200
UNIVERSAL ENSCO, INC. TEXAS ENGINEERING FIRM LIC #: F-1942
EXHIBIT B
PORT ARTHUR, TEXAS
JEFFERSON COUNTY
N.COLEMAN SURVEY,ABSTRACT NO.12
PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438
P. B.O'CONNER SURVEY,ABSTRACT NO.185
JOHN BENNETT SURVEY,ABSTRACT NO.71
T. &N. O. RR. SURVEY, SECTION NO. 123,
ABSTRACT NO.251
LINE TABLE-10'WIDE WATER LINE EASEMENT
P.O.B.N:13,864,817.3 NO. BEARING DISTANCE
E:3,571,660.0 S22 N27°04'46"E 126.2'
E S23 N33°24'34"E 73.4'
11 NO. BEARING DISTANCE S24 N30°05'08"E 699.8'
1 S1 N42°59'101W 358.6' A 01°11'20"
d S2 N37'12'50"W 244.9' RADIUS 3,110.0'
ti
i S3 I S61°18'53"W 7.6' S25 ARC DISTANCE 10.3'
R S4 N82'15'35"W 102.2' CHORD 10.3'
3 S5 N78°48'11"W 50.1' CHORD DIRECTION N29°59'26"E
c 56 N73°26'58"W 136.3' S26 N26°07'43"E 89.4'
Fi 1 A 15'29'50" S27 N27°56'35"E 49.8'
1 RADIUS 2,610.0' 828 N31'10'11"E 58.4'
A S7 ARC DISTANCE 706.0' A 13°14'50"
CHORD 703.9' RADIUS 3,110.0'
g CHORD DIRECTION N78°57'S0"W S29 ARC DISTANCE 719.0'
S8 N86"42'47"W 468.1' CHORD 717.4'
A 64°2520" CHORD DIRECTION N19°37'56'E
ti RADIUS 3,390.0' A 08°35'20"
S9 ARC DISTANCE 3,811.6' RADIUS 3,110.0'
I
CHORD 3,614.0' S30 ARC DISTANCE 466.1'
B
iCHORD DIRECTION N54'30'08"W CHORD 465.7'
4 S10 N22"17'28"W 2,489 3 CHORD DIRECTION N08°42'54"E
1 S11 N22°42'32"W 450.4' A 16'31'40"
1 S12 N22°49'00"W 157.8' RADIUS 500.0'
1 S13 N20°25'38"W 145.5' S31 ARC DISTANCE 144.2'
3 S14 N22°17'28"W 1,911.5' CHORD 143.T
a A 11"02'50" CHORD DIRECTION NO3°50'35"W
RADIUS 3,890.0' A 11'58'10"
S15
ARC DISTANCE 750.0' RADIUS 500.0'
CHORD 748.9' S32 ARC DISTANCE 104.5'
d CHORD DIRECTION N16°46'03"W CHORD 104.3'
S16 N13°45'06"W 134.3' CHORD DIRECTION N06°07'19"W
E 917 I N5'07'271V 156.6' A 03'30'10"
a 10°3220" RADIUS 3,080.0'
5 RADIUS 3,890.0' S33 ARC DISTANCE 188.3'
S S18 ARC DISTANCE 715.5' CHORD 188.3'
!CHORD 714.5' CHORD DIRECTION N01'53'18"W
CHORD DIRECTION NO1'42'04"W S34 N04"34'08"E 71.1'
S S19 N00"23'21"E 93.1' S35 N4'20'16"W 20.9'
S
S20 I N10°17'58"E 74.7' S36 N5'59'42"W 115.6'
1 A 22"03'20" S37 N22°54'19"W 39.9'
i RADIUS 3,890.0' S38 N23°45'OS"W 473.6'
S21 ARC DISTANCE 1,497.5' S39 N23°37'04"W 391.8'
iCHORD 1,488.3' S40 N22'49'16"W 422.3'
i CHORD DIRECTION N17"03'34"E
8 EASEMENT AREA ACROSS PROPERTY: 4.30 ACRES(187,265 SO.FT.)
g CENTERLINE DISTANCE ACROSS PROPERTY: 18,726.2' SHEET 2 OF 10
REV DM CHKD DATE SCALE AS SHOW DATE \ CRAVING MUNBER
QDYM BY: CRC 05/10/18 D
CHKD 8Y:AS3 05/10/18 �{^� r t CAD FILE NAME
.i. OMkCX:BC 0.5/f0/18 ` (\�Vet L p a
'1 M.: CS 05/10/18 � RENS.*
• APPRI AS3 05/10/18 L N G 1
tit RANT NAME
EASEMENT PLAT - 10' WIDE CITY OF PORT ARTHUR
1 LG PC 01/27/2021 PALNG RELOCATION WATER LINE EASEMENT
0 PAN PH 10/22/2019 PORT NT1HUR, TEXAS UPON THE PROPERTY OF IRE PALNC COMMON FACILTEES COMPANY,LLC
APREPARED BY: UNIVERSAL ENSCO, INC. I PROJECT meat 24150 24150-250-PPL-15200
UNIVERSAL ENSCO, INC. TEXAS ENGINEERING FIRM LIC #: F-1942
EXHIBIT B
PORT ARTHUR, TEXAS
JEFFERSON COUNTY
N. COLEMAN SURVEY,ABSTRACT NO. 12
PEDRO DE LA GARZA SURVEY, ABSTRACT NO.438
P. B.O'CONNER SURVEY,ABSTRACT NO. 185
JOHN BENNETT SURVEY,ABSTRACT NO.71
T. &N. O. RR. SURVEY, SECTION NO. 123,
21 ABSTRACT NO. 251
o 250 500
o I I
\
YI \ 1\\\ SCALE: t" 00'
II �RACT NO. TX-JE-001.000)
.\ \\j' PALNG COMMON FACILITIES
• �I `, \\� COMPANY, LLC
y t `' TRACT XI
w „ CALLED 0.254 ACRE(GRID)
I '\�\ CALLED 0.254 ACRE(SURFACE)
o C.0.F.N.2006017390,
0
( O.P.R.J.C.T.
R oil 2
a TRACT N0. TX-JE-001 000
F. lU PALNG COMMON FACILITIES '
g COMPANY, LLC A
�
co TRACT 2N N', 1N,Zm
> CALLED 624.700 ACRES(GRID) 'S'
S`J CALLED 624.826 ACRES(SURFACE) m°', l 9�aZ�
C.C.F.N.2006017390, `•'2\. \ ,S°y ! TRACT NO TX-JE-Oct000�
` o I O.P.R.J.C.T. `-V• '''T11 N S PALNG COMMON FACILITIES
12 �I W mow',• \\���� COMPANY, LLC
Li o 'R' ', \\ 1n TRACT XII
S I z .� _ ';' 14 CALLED 3.519 ACRES(GRID)
/ \ \ S , \, Zy9.c CALLED 3.520 ACRES(SURFACE)
IlL. / `\ .• �" !4 C.C.F.N.2006017390,
�I -\ ,` \ O.P.R.J.C.T.
S j CL EASEMENT //\rt' BULKHEAD
3 c 1 v Ie
I 1 N C1 e ' \t \\\
5 o f �'
, of \ , /
J( ? / b .S.H.87 R.O.W.
3 I /
vy�o CL10'WIDE 'S' \\,
g �� :'" / WATER LINE EASEMENT ` -' \�,\ I
�' ,
k A.S ti� \-\'�-- 0 ® o .
-_.§,M•87 —
Li
R.O.W. ,®
___-
11� 10'PIPELINE EASEMENT � 'I'
VOL.2315,PAGE 161 yti^5�ti�
D.R.J.C.T. ' ' • P.O.B.
P.O.C. N:13,864,817.3
FND.SIB'I.R.WICAP
/� E:3,571,660.0
STAMPED'UNIVERSAL ENSCO INC." SHEET 3 OF 10
iREV DEN GHQI DATE $TMF: AS SHOW DATE 0R11 WNG AMBER
DNN BY: CBS 05/10/1e
{ __-_____ COED BY:AS3 05/10/18 a CAD FU NAME} FINAL CK:BC 05/10/1en i ENGR.: CS 05/1o/1e A--semp,
,,r RENSCN
u I - APPRV. AS3 05/1o/1e, L N G 1
04 PLANT NAME
EASEMENT PLAT - 10' ICE CITY OF PORT ARTHUR
1 LG PC 01/27/2021 PALNG RELOCATION
t. PORT ARTHUR, TEXAS WATER LINE EASEMENT
0 PWH PH 10/22/2019 UPON THE PROPERTY OF THE PALNG COMMON FACWTIES COMPANY,LLC
IPREPARED BY: UNIVERSAL ENSCO, INC IPROJECT NUMBER 24150 24150-250-PPL-15200
UNIVERSAL ENSCO, INC. TEXAS ENGINEERING FIRM LIC 1y- F-1942
EXHIBIT B
PORT ARTHUR, TEXAS
JEFFERSON COUNTY
N.COLEMAN SURVEY,ABSTRACT NO. 12
PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438
P. B. O'CONNER SURVEY,ABSTRACT NO. 185
JOHN BENNETT SURVEY,ABSTRACT NO.71
T. & N. O. RR. SURVEY, SECTION NO. 123,
``� ABSTRACT NO.251 U 250 500
`OA;')-°°'OS ® SCALE 1=500.
2Mo.50--PP ,
\ \,
,
\ (TRACT NO. 000)
\ PALNG COMMON
.. , , FACILITIES COMPANY, LLC
2 Tract I
Called 1140.606 Acres(Grid)
\lam/ Called 1140.837 Acres(Surface)
C.C.F.N 2006017390,
I \ O.P.R.J.C.T. f'
d Fr',
i
,..
,,,
\ \
r 1f
i Wz
i i '‘ \ tt
i
I
CL EASEMENT , m
'
-L_ ---- RI
3 �r \ NI'
z i \\ Q,z
S / A \� \1 d \ \ CL 10'WIDE
\ ) N
WATER LINE EASEMENTo
\� 3
�•`__
y / \ ` 0
�u
\ •
\\ /
d I
\\\L,\
g Called 2105.69 Acres - '
R TRACT B \y8'�\
VOLUME 2409,PAGE 429 0
c7 D R.J.C.T. ����� I �j
�\ v,,
F.
y
\ b
$.I SHEET 4OF10
a REV DWN CHKD DATE SCALE AS SHOWN OAIE +0 NUMBER
DMH BY: CRC 05/10/18
y CH(0 BY:AS3 05/10/18
Aliii''')
S e rnp r a,, CAO FILE NAME
k MkMkCatBC 05/10/18
ENCR.: CS 05/10/18 / REASON
e APPRV: AS3 05/10/18 L N G t
"N.r NAME EASEMENT PLAT - 10' WIDE CITY OF PORT ARTHUR
1 LG PC 01/27/2021 PALNG RELOCATION WATER LINE EASEMENT
0 P PH 10,22'2019 PORT ARTHUR, TEXAS UPON THE PROPERTY OF 1HE PALNC COMMON FACIUTIES COMPANY,LLC
I IN PREPARED 8Y. UNIVERSAL ENSCO, INC. I PR0.ECT NUNBER 24150 24150-250-PPL-15200
UNIVERSAL ENSCO, INC. TEXAS ENGINEERING FIRM LIC #: F-1942
EXHIBIT B
PORT ARTHUR, TEXAS )1
JEFFERSON COUNTY
N.COLEMAN SURVEY,ABSTRACT NO. 12 \
PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438
P. B. O'CONNER SURVEY,ABSTRACT NO. 185
MATCH L� JOHN BENNETT SURVEY,ABSTRACT NO.71
S20 1-- 50-PpL.152O 0�6 T. &N. O. RR. SURVEY, SECTION NO. 123,
® at
ABSTRACT NO.251
® 0
I 250 500
1 1
// SCALE: som
TRACT NO. TX-JE-001.000) ti". m ,\�
; I I / ,% Z 19 \\,\
Q I CID % �I�
1 it 'i i ROUND LAKE
1
® > W PALNG COMMON FACILITIES \
',I,:‘l COMPANY,LLC �.\
\ ,'` ffi I TRACT I \Y•
1 1. \', z z CALLED 120.757 ACRES ••\\\`1 I ® ,\ C.C.F.N.o m C.C.F.N.2019005328,
1 ', a I z O.P.R.J.C.T. , \
® i'1 0. -' _ \�
,, a
CIA !'1\ /// r\ \\
1.2_st \30
z \ \It I t\ \ P,
//CL EASEMENT
s � � / \.\'• \� _ \-
" CL 10'WIDE \ ��/
3 WATER LINE EASEMENT \ \ 411) \-
8
3 TRACT NO. TX-JE-0O1.000) 1\
PALNG COMMON
FACILITIES COMPANY, LLC \, `, ,_
Tract
t � \ — — --
Called 1140.606 Acres(Grid) \
J: Called 1140.837 Acres(Surface) `
C.C.F.N 2006017390, NT
® TRACTNO. TX-JE-001.000
O.P.R.J.C.T. \ \\ . PALNG COMMON
i ` , V® FACILITIES COMPANY, LLC
c .% TRACT II
(, !G CALLED 5.657 ACRES
i / t 004 C.C.F.N.2019005328
�' N 92 O.P.R.J.C.T.
e / ZM o Z�PP�.
//
i
SHEET 5 OF 10
REV 1 DWI CHKD DATE SCA.E AS SHOWN DATE , 'DRANIN-G?OBER
il DNN BY: CAC 05/10/18 D
S I CHKD BY AS3 05/10/18 c 1 S �^a CAD F�N
FINAL CA:BC 05/10/18 J I L ip a -
OCR.: CS 05/10/18 �/ REVISION
u APPRV. AS3 05/10/18 I N G 1
PLANT NAME
7_GEASEMENT PLAT - 10' NIDE CITY OF PORT ARTHUR
1
E I LG PC 01/27/2021 PALNG RELOCATION WATER LINE EASEMENT
0 I PWH PH 10/22/2019 PORT ARTHUR, TEXAS LPON THE PROPERTY OF THE PALNG COMMON FACILITIES COMPANY,LLC
IPREPARED BY: UNIVERSAL ENSCO, NC. 1 PROJECT nutmeat 24150 24150-250—PPL-15200
UNIVERSAL ENSCO, INC. TEXAS ENGINEERING FIRM LIC #: F-1942
EXHIBIT B
PORT ARTHUR, TEXAS
JEFFERSON COUNTY
N. COLEMAN SURVEY,ABSTRACT NO. 12
PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438
P. B. O'CONNER SURVEY, ABSTRACT NO. 18511
JOHN BENNETT SURVEY, ABSTRACT NO.71
T. &N. O. RR. SURVEY, SECTION NO. 123,
ABSTRACT NO.251 0 250 500
GO I
CL EASEMENT SCALE: 1".
\ Tract III
d /7--— .'-- \\\` Called 8.3035 Acres
p / C.C.F.N 2005032661
111
S.H.87 R.O.W..
/ / 5, \ ® _; / 1`A O.P.R.J.C.T.
1.
t �r / s ed Called 6.910 Acres
�) $ • cCFc27912.P.R.J.C.T.
g \/ / �N
1 ��y2m
"2
I �� \\\ A Ny,
cla
PORT ARTHUR I .,' o' \\� 4.
LAND COMPANYi. ,LLC y I ® \\\'
tl Trail I I
® / I \\\,
i Called 707.162 Acres(Grid)
Called 707.212 Acres(Surface) �••• \��•
C.C.F.N 2019036610, /II
0 \\\�
O.P.R.J.C.T.
a l (TRACT NO. TX-JE-001.000) \\\eyn® PALNG COMMON \\FACILITIES COMPANY,LLC
s ® Tract I \\\® Called 1140.606 Acres(Grid) \�\5 ♦� Called 1140.837 Acres(Surface)
C.C.F.N 2006017390, \ t
• O.P.R.J.C.T.
/
q (TRACT NO. TX-JE-001.00a) -- -----
/ Z PALNG COMMON
FACILITIES COMPANY, LLC
a COT CL 10'WIDE m Tract I
WATER LINE EASEMENT a
1 > Called 2.605 Acres
T C.C.F.N 2008018146,
9 , D
T.&N.O RR.SURVEY,SECTION NO.123, ,L, O.P.R.J.C.T.
ABSTRACT NO 251 w
8 . —— — E
--- --I P.B.O'CONNER SURVEY,ABSTRACT NO.185 w
I 2
11,��T t Io
a MATCH`IN 0 I
9 SHEET S 0 POREV i DNN 1 CH q DATE a SCALE: AS SHOWN DAtE i SHEET
M1I/BER
`@ I I DM BY: CBG 05/10/18
CHKD BY:AS3 05/10/18 CAD RiE NAME
a-- — RNAL Of:BC -- 05/10/18XSempraf
n ENGR.. CS 05/10/18 , REV510H
e I APPRY. AS3
PLANT NAME 05/10/10 L N (�
�▪� 1 EASEMENT PLAT - 10' WIDE CITY OF PORT ARTHUR '
z 1 LG t PC 01/27/2021 PALNG RELOCATION WATER UNE EASEMENT
y 0 PWH I PH 10/22/2019 PORT ARTHUR, TEXAS UPON THE PROPERTY OF THE PALMS COMMON FACILITIES COMPANY,LLC
Ji PREPARED BY: UNIVERSAL ENSCO. INC. I PROJECT NUMBER: 24150 24150-250—PPL-15200
UNIVERSAL ENSCO, INC. TEXAS ENGINEERING FIRM LIC //: F-1942
EXHIBIT B
PORT ARTHUR, TEXAS
JEFFERSON COUNTY
N.COLEMAN SURVEY,ABSTRACT NO. 12 N
PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438
P. B.O'CONNER SURVEY, ABSTRACT NO. 18511
JOHN BENNETT SURVEY,ABSTRACT NO.71
T. &N. O. RR. SURVEY, SECTION NO. 123,
ABSTRACT NO.251 0 250 500
Called 120.517 Acres { I I
TRACT IX
SCALE: 1,500•
C.C.F.N.9505598, FND.CONC.MON.
STAMPED'GULF OL CORP." •(i
O.P.R.J.C.T. % N: 13,879,643.68 j
E.: 3,565,680.68
M.BROUSARD SURVEY,SECTION NO.124, ,,\\\
ABSTRACT NO.488
P.O.T. II
5 N 13.870.6293 • Tract Ill
A L3,565,387.9 N87293.22"E
\\ Called 8.3035 Acres
\\
R C.C.F.N 2005032661 II`
��� O.P.R.J.C.T. '!
:.
S.H.87 R.O.W. \��
ra
CL EASEMENT *,,,,t. ic.ca.,,,..c,N
6.910Acres 2007046912, �
• . . .J. . . )�
/ /Na. \ q _ C, O O n�
/ / 1 •
CD1 mar q 'm 2 2
//: S: i ; \
goo- N 6 o
0 %
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3 \ CO ? • \\
\ , n
N', U'17�
d \
PORT ARTHUR \ { 1I � `' �\\ oPA
d LAND COMPANY,LLC \\ . • \\\ 33-4
q Tract I \ l, ® �'` •
��u1
s Called 707.162 Acres(Grid) \ • R,' fe
Z�
Called 707.212 Acres(Surface) \ `.L \\\ -43A
} C.C.F.N 2019036610, 1 .\76 0�1J�
O.P.R.J.C.T. / / \\\ yy7
o ®, / 41) TRACT NO. T%-lE-0Ot000
® I PALNG COMMON
ACILITIES COMPANY, LLC 4.
� r
R CL 10'WIDE4 •. .� Tract I \
ii WATER LINE EASEMENT Called 1140.606 Acres Called 1140.837 Acres (Grid)(Surface) \\\"F
/ I C.C.F.N 2006017390,
4.0 / I �\
O.P.R.J.C.T.
\\\
' T.8 N.0.RR.SURVEY,SECTION NO.123, / ® i JOHN BENNETT SURVEY,
ABSTRACT NO.251 // ABSTRACT NO.71
I
i" SHEE1 7 OF 1C
A REV i OvmiCH/C0 1 DATE I SCALE: AS SHOWN OA1E \ -CRANING M)NBIER
DM BY: CBG 05/10/18 4./�j
a a4KO BY:AS3 05/10/18 P CA)FILE NAME
B FINAL CS:BC 05/10/18 S-.i L! is
73 I I DO I: CS 05/10/18 �.."/ REVISION
n t _ APPRV: AS3 105/10/18 I N C, I
PLANT NAME
1 LG PC 101/27/2021 I PALNG RELOCATION EASEMENT PLAT - 10' 1MDE CITY OF PORT ARTHUR
I
PORT ARTHUR, TEXASWATER LINE EASEMENT
0 PW-I PH I10/22/2019 LPON THE PROPERTY OF THE PALNG COMMON FACILITIES COMPANY, LLC
IPREPARED BY: UNIVERSAL ENSCO, 'NC. I PROJECT NUMBER 24150 24150-250—PPL-15200
PALNG Common Facilities Company,LLC
City of Port Arthur Proposed 10'wide Water Line Easement
Doc No.24150-250-PPL-15200 REV I
EXHIBIT"B"
DESCRIPTION OF CENTERLINE OF A TEN (10) FOOT WIDE WATER LINE EASEMENT (W.L.E.)
BEING UPON, OVER, THROUGH AND ACROSS, THOSE TRACTS OF LAND (A CALLED 624.700
ACRES TRACT(TRACT 2N)AND A CALLED 1140.606 ACRES TRACT (TRACT 1), CONVEYED TO
PALNG COMMON FACILITIES COMPANY, LLC (MERGED FROM PORT ARTHUR LNG HOLDINGS,
LLC IN THAT CERTAIN CERTIFICATE OF MERGER AS RECORDED IN COUNTY CLERK'S FILE NO.
(C.C.F.N.) 2019023057, OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS
(O.P.R.J.C.T.) IN AN INSTRUMENT FILED FOR RECORD UNDER, C.C.F. N. 2006017390, OF THE
O.P.R.J.C.T.,AND THAT CERTAIN CALLED 5.657 ACRES TRACT CONVEYED TO PALNG COMMON
FACILITIES COMPANY, LLC, AS RECORDED IN C.C.F.N. 2019005328, OF THE O,P.R.J.C.T.,
REFERRED TO HEREIN AFTER AS THE ABOVE REFERENCED TRACT OF LAND, SITUATED IN
THE T. & N.O. RAILROAD SURVEY, SECTION NO. 123, ABSTRACT NO. 251; P.B. O'CONNER
SURVEY ABSTRACT NO. 185;PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438; N.COLEMAN
SURVEY,ABSTRACT NO.12,AND JOHN BENNETT SURVEY,ABSTRACT NO.71,OF JEFFERSON
COUNTY,TEXAS,SAID TEN(10)FOOT WIDE W.L.E.BEING MORE PARTICULARLY DEPICTED BY
THE ACCOMPANYING PLAT AND DESCRIBED AS FOLLOWS, WITH ALL BEARINGS AND
DISTANCES HEREIN BEING GRID, BASED UPON THE TEXAS STATE PLANE COORDINATE
SYSTEM, TEXAS SOUTH CENTRAL ZONE(4204), NORTH AMERICAN DATUM OF 1983 (NAD 83),
US SURVEY FEET, AS DERIVED FROM A GLOBAL POSITIONING SYSTEM (GPS) SURVEY
PERFORMED BY UNIVERSAL ENSCO, INC.,IN NOVEMBER OF 2020;
COMMENCING at a five eights(5/8)inch iron rod with cap stamped "UNIVERSAL ENSCO INC"found
for the most Southerly corner of the above referenced tract of land and the most Westerly corner of a
called 110.418 acres tract of land as recorded in C.C.F.N.2004017255, of the O.P.R.J.C.T.;
THENCE North 52° 15'06"East,with the South line of the above referenced tract of land and the North
line of said called 110.418 acres tract, a distance of 3,482.0 feet to the POINT OF BEGINNING of the
herein described centerline, having coordinates of North 13,864,817.3 and East 3,571,660.0;
THENCE through and across"the above referenced tract of land",the following courses and distances:
North 42°59' 10"West,a distance of 358.6 feet;
North 37°12'50"West,a distance of 244.9 feet;
South 61° 18'53"West,a distance of 7.6 feet;
North 82°15'35"West,a distance of 102.2 feet;
North 78°48' 11"West,a distance of 50.1 feet;
North 73°26'58"West,a distance of 136.3 feet to the point of beginning of a non-tangent curve
to the left;
Along said curve to the left, having a radius of 2,610.0 feet,a central angle of 15°29'55",an arc
length of 706.0 feet and a long chord which bears, North 78°57'50"West,a distance of 703.9
feet to a point;
North 86°42'47"West,a distance of 468.1 feet to the point of beginning of a non-tangent curve
to the right;
Along said curve to the right, having a radius of 3,390.0 feet,a central angle of 64°25'19",an arc
length of 3,811.6 feet and a long chord which bears,North 54°30'08"West, a distance of
3,614.0 feet to a point;
North 22° 17'28"West,a distance of 2,489.3 feet;
North 22°42'32"West,a distance of 450.4 feet;
Page 8 of 10
PALNG Common Facilities Company,LLC
City of Port Arthur Proposed 10'wide Water Line Easement
Doc No.24 1 50-250-PPL-15200 REV 1
EXHIBIT "B"
North 22°49' 00"West,a distance of 157.8 feet;
North 20°25' 38"West,a distance of 145.5 feet;
North 22° 17'28"West,a distance of 1,911.5 feet to the point of beginning of a non-tangent
curve to the right;
Along said curve to the right, having a radius of 3,890.0 feet, a central angle of 11°02'50", an arc
length of 750.0 feet and a long chord which bears, North 16°46'03"West,a distance of 748.9 feet
to a point;
North 13°45'06"West,a distance of 134.3 feet;
North 05° 07'27"West,a distance of 156.6 feet to the point of beginning of a non-tangent curve
to the right;
Along said curve to the right,having a radius of 3,890.0 feet, a central angle of 10°32'20", an arc
length of 715.5 feet and a long chord which bears, North 01'42'04"West,a distance of 714.5
feet:
North 00°23'21" East, a distance of 93.1 feet to a point;
North 10° 17' 58"East, a distance of 74.7 feet to a point of the beginning of a non-tangent curve
to the right;
Along said curve to the right,having a radius of 3,890.0 feet, a central angle of 22°03'20", an arc
length of 1,497.5 feet and a long chord which bears, North 17°03'34"East,a distance of 1,488.3
feet to a point;
North 27°04'46"East, a distance of 126.2 feet to a point:
North 33°24'34"East, a distance of 73.4 feet to a point;
North 30°05' 08" East, a distance of 699.8 feet to a point of the beginning of a non-tangent
curve to the right;
Along said curve to the left, having a radius of 3,110.0 feet, a central angle of 01°11'20", an arc
length of 10.3 feet and a long chord which bears, North 29°59'26"East. a distance of 10.3 feet
to a point;
North 26°07'43" East, a distance of 89.4 feet to a point;
North 27°56'35" East, a distance of 49.8 feet to a point;
North 31° 10' 11" East, a distance of 58.4 feet to a point of the beginning of a non-tangent curve
to the left;
Along said curve to the left, having a radius of 3,110.0 feet, a central angle of 13°14'50",an arc
length of 719.0 feet and a long chord which bears, North 19°37'56" East,a distance of 717.4
feet to a point of the beginning of a non-tangent curve to the left;
Along said curve to the left, having a radius of 3,110.0 feet, a central angle of 08°35'20", an arc
length of 466.1 feet and a long chord which bears, North 08°42'54" East,a distance of 465.7
feet to a point of the beginning of a non-tangent curve to the left;
Along said curve to the left, having a radius of 500.0 feet,a central angle of 16°31'40",an arc
length of 144.2 feet and a long chord which bears, North 03°50'35"West,a distance of 143.7
feet to a point of the beginning of a non-tangent curve to the right;
Page 9 of 10
PALNG Common Facilities Company,LLC
City of Port Arthur Proposed 10'wide Water Line Easement
Doc No.24150-250-PPL-15200 REV I
EXHIBIT "B"
Along said curve to the right, having a radius of 500.0 feet, a central angle of 11°58'10", an arc
length of 104.5 feet and a long chord which bears, North 06°07'19"West,a distance of 104.3
feet to a point of the beginning of a non-tangent curve to the left;
Along said curve to the left, having a radius of 3,080.0 feet,a central angle of 03°30'10",an arc
length of 188.3 feet and a long chord which bears, North 01°53'18"West, a distance of 188.3
feet to a point;
North 04°34' 08"East, a distance of 71.1 feet;
North 04° 20'16"West,a distance of 20.9 feet;
North 05°59'42"West,a distance of 115.6 feet;
North 22°54' 19"West,a distance of 39.9 feet;
North 23°45'05"West, a distance of 473.6 feet;
North 23°37'04"West,a distance of 391.8 feet;
North 22°49' 16"West,a distance of 422.3 feet
to the POINT OF TERMINATION of the herein described centerline, having coordinates of North
13,879,628.5 and East 3,565,387.9,from which a concrete monument stamped"GULF OIL CORP",
found at the Northeast corner of the above referenced tract of land and the Southeast corner of a called
120.517 acres tract of land,as recorded in C.C.F.N.9505598,of the O.P.R.J.C.T., bears North 87°02'
32"East, a distance of 293.2 feet,said centerline having a total length of 18,726.2 feet, said Permanent
Easement containing 4.30 acres of land,more or less.
This description is provided with an accompanying drawing labeled"Exhibit B"and attached hereto.
Page 10 of 10
REPLACEMENT FACILITIES BILL OF SALE
Effective Date: , 2021
Grantor: PALNG Common Facilities Company, LLC
c/o Sempra Energy
488 8th Street,HQ13S3
San Diego,CA 92101
Grantee: City of Port Arthur
Grantee's Mailing Address:
City of Port Arthur
Attn: City Manager
444 4th Street
Port Arthur, Texas 77641-1089
Real Property: See Exhibit A
Transferred Facilities:
All items of personal property,both tangible and intangible(excluding cash), affixed or attached
to,or placed or situated on,the Real Property in connection with the Replacement Facilities as defined in
that certain Asset Relocation Agreement between Grantor and Grantee dated February 27,2019, including
without limitation,the following:
1. All equipment, pipelines, and fixtures owned by Grantor and located in or on the Real
Property.
2. All of Grantor's interest in all use, and operating permits, if any, and all licenses and
approvals issued from time to time with respect to the Transferred Facilities.
3. All of Grantor's interest in and to all existing and assignable guarantees and warranties,
express or implied, if any, issued in connection with the construction, alteration, and repair of the
Transferred Facilities and the purchase, installation, and repair of the Transferred Facilities, to the extent
that such guarantees and warranties are known to and in the possession of Grantor.
Consideration: Ten Dollars in hand received and for other good and valuable consideration, the
sufficiency of all of which is agreed and acknowledged.
For the Consideration, Grantor transfers to Grantee the Transferred Facilities.
As a material part of the Consideration for this sale, Grantor and Grantee agree that Grantee is
taking the Transferred Facilities"AS IS"and that there are no representations, disclosures, or express or
implied warranties except those contained in this bill of sale. Grantee has not relied on any information
other than Grantee's inspection.
Grantor indemnifies and holds Grantee harmless from all claims, losses,costs,expenses,or causes
of action relating to the Transferred Facilities that arise prior to the Effective Date;such indemnity includes,
without limitation,expenses or damages for environmental or hazardous materials contamination related to
the Transferred Facilities. Grantee releases Grantor from expenses or damages for environmental or
hazardous materials contamination related to the Transferred Facilities that arise after the Effective Date.
Grantor agrees to execute and deliver any additional documents reasonably necessary or
appropriate to carry out the intent of this bill of sale in transferring the Transferred Facilities to Grantee.
When the context requires,singular nouns and pronouns include the plural.
[Signatures on the following page.]
GRANTOR:
PALNG COMMON FACILITIES COMPANY, LLC
a Delaware limited liability company
By:
Print Name:
Print Title:
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On before me, (here
Insert name and title of the officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
GRANTEE:
CITY OF PORT ARTHUR
By:
Print Name:
Print Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
On this day of ,2021,before me a notary public,the undersigned
officer, personally appeared , who acknowledged himself/herself to be
the of the City of Port Arthur,a Municipal Corporation,and that
he/she as such officer,being authorized to do so,executed the foregoing instrument for the purpose therein
contained by signing the name of the company by himself/herself as
on behalf of the City of Port Arthur, a Municipal Corporation.
IN WITNESS WHEREOF, I hereto set my hand and official seal.
Notary Public
State of
[SEAL]
My commission expires:
Exhibit A to Replacement Facilities Bill of Sale
Real Property
DESCRIPTION OFCENTERLINEOFA TEN(10) FOOT WIDE WATER LINE EASEMENT(W.L.E.)BEING UPON,
OVER,THROUGH AND ACROSS,THOSE TRACTS OF LAND(A CALLED 624.700ACRESTRACT(TRACT 2N)
AND A CALLED 1140.606 ACRESTRACT(TRACT 1),CONVEYED TO PALNG COMMON FACILITIES
COMPANY, LLC(MERGED FROM PORTARTHUR LNG HOLDINGS, LLC IN THAT CERTAIN CERTIFICATEOF
MERGER AS RECORDED IN COUNTY CLERK'S FILE NO. (C.C.F.N.)2019023057,OF THE OFFICIAL PUBLIC
RECORDSOFJEFFERSON COUNTY,TEXAS(O.P.R.J.C.T.)IN AN INSTRUMENT FILED FOR RECORD UNDER,
C.C.F. N. 2006017390,OF THE 0.P.R.J.C.T.,AND THAT CERTAIN CALLED 5.657 AC RESTRACT CONVEYED
TO PALNG COMMON FACILITIESCOMPANY, LLC,ASRECORDEDIN C.C.F.N.2019005328, OFTHE
0,P.R.J.C.T.,REFERRED TO HEREIN AFTER ASTHE ABOVE REFERENCEDTRACT OF LAND,SITUATED IN THE
T. & N.O. RAILROAD SURVEY,SECTION NO. 123,ABSTRACT NO. 251; P.B.O'CONNER SURVEY ABSTRACT
NO. 185; PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438;N. COLEMAN SURVEY,ABSTRACT NO. 12,
AND JOHN BENNETT SURVEY,ABSTRACT NO.71,OF JEFFERSON COUNTY,TEXAS,SAID TEN(10) FOOT
WIDE W.L.E. BEING MORE PARTICULARLY DEPICTED BY THE ACCOMPANYING PLAT AND DESCRIBED AS
FOLLOWS, WITH ALL BEARINGSAND DISTANCESHEREINBEING GRID,BASED UPON THE TEXAS STATE
PLANE COORDINATE SYSTEM,TEXASSOUTH CENTRAL ZONE(4204), NORTH AMERICAN DATUM OF 1983
(NAD 83), US SURVEY FEET,AS DERIVED FROM AGLOBAL POSITIONING SYSTEM(GPS)SURVEY
PERFORMED BY UNIVERSAL ENSCO, INC.,IN NOVEMBER OF2020;
COMMENCING at a five eights(5/8) inch iron rod with cap stamped"UNIVERSAL ENSCO INC"found for
the most Southerly corner of the above referenced tract of land and the most Westerly corner of a
called 110.418 acres tract of land as recorded in C.C.F.N.2004017255,ofthe O.P.R.J.C.T.;
THENCE North 52° 15' 06" East,with the South line of the above referenced tract of land and the North
line of said called 110.418 acres tract,a distance of3,482.0feet to the POINTOF BEGINNING ofthe
herein described centerline, having coordinates of North 13,864,817.3 and East 3,571,660.0;
THENCE through and across"the above referenced tract of land", the following courses and distances:
North 42° 59' 1 0"West,a distance of 358.6 feet;
North 37° 12' 50"West,a distance of 244.9 feet;
South 61 ° 18' 53"West,a distance of 7.6 feet;
North 82° 15' 35"West,a distance of 102.2 feet;
North 78°48' 11"West,a distance of 50.1 feet;
North 73° 26' 58"West,a distance of 136.3 feet to the point of beginning of a non-tangent curve
to the left;
Along said curve to the left, having a radius of 2,610.0feet,a central angle of 15°29'55",an arc
length of 706.0 feet and a long chord which bears, North 78°57'S0"West,a distance of 703.9
feet to a point;
North 86°42'47"West,a distance of 468.1 feet to the point of beginning of a non-tangent curve
to the right;
Along said curve to the right, having a radius of 3,390.0 feet,a central angle of 64°25'19",an arc
length of 3,811.6feet and a long chord which bears, North 54'30'08"West,a distance of
3,614.0 feet to a point;
North 22° 17' 28"West,a distance of 2,489.3 feet;
North 22°42'32"West,a distance of 450.4 feet;
North 22°49'00"West,a distance of 157.8 feet;
North 20° 25'38"West,a distance of 145.5 feet;
North 22° 17' 28"West,a distance of 1,911.5 feet to the point of beginning of a non-tangent
curve to the right;
Along said curve to the right,having a radius of 3,890.0 feet,a central angle of 11 °02'50",an arc
length of 750.0 feet and a long chord which bears, North 16°46'03"West,a distance of 748.9
feet to a point;
North 13°45'06"West,a distance of 134.3 feet;
North 05°07' 27"West,a distance of 156.6 feet to the point of beginning of a non-tangent curve
to the right;
Along said curve to the right,having a radius of 3,890.0 feet,a central angle of 10°32'20",an arc
length of 715.5 feet and a long chord which bears, North 01°42'04"West,a distance of 714.5
feet;
North 00° 23' 21"East,a distance of 93.1 feet to a point;
North 10° 17' 58"East,a distance of 7 4. 7 feet to a point of the beginning of a non-tangent
curve to the right;
Along said curve to the right, having a radius of 3,890.0feet,a central angle of 22°03'20",an arc
length of 1,497.5 feet and a long chord which bears, North 17°03'34"East,a distance of 1,488.3
feet to a point;
North 27°04'46" East,a distance of 126.2 feet to a point;
North 33° 24'34" East,a distance of 73.4 feet to a point;
North 30° 05'08"East,a distance of 699.8 feet to a point of the beginning of a non-tangent
curve to the right;
Along said curve to the left, having a radius of 3,110.0feet,a central angle of 01 °11 '20",an arc
length of 10.3 feet and a long chord which bears, North 29°59'26" East,a distance of 10.3 feet to
a point;
North 26°07'43"East,a distance of 89.4 feet to a point;
North 27°56' 35"East,a distance of 49.8 feet to a point;
North 31 ° 1 O' 11" East,a distance of 58.4 feet to a point of the beginning of a non-tangent
curve to the left;
Along said curve to the left, having a radius of3,110.0feet,a central angle of 13°14'50",an arc
length of 719.0 feet and a long chord which bears, North 19°37'56" East,a distance of 717.4 feet
to a point of the beginning of a non-tangent curve to the left;
Along said curve to the left, having a radius of 3,110.0 feet,a central angle of 08°35'20",an arc
length of 466.1 feet and a long chord which bears,North 08°42'54"East,a distance of 465.7 feet
to a point of the beginning of a non-tangent curve to the left;
Along said curve to the left, having a radius of 500.0 feet,a central angle of 16°31'40",an arc
length of 144.2 feet and a long chord which bears, North 03°50'35"West,a distance of 143.7
feet to a point of the beginning of a non-tangent curve to the right;
Along said curve to the right,having a radius of 500.0 feet,a central angle of 11°58'1 0",an arc
length of 104.5 feet and a long chord which bears,North 06°07'19"West,a distance of 104.3
feet to a point of the beginning of a non-tangent curve to the left;
Along said curve to the left, having a radius of 3,080.0feet,a central angle of 03°30'10",an arc
length of 188.3 feet and a long chord which bears, North 01 *53'18" West,a distance of 188.3
feet to a point;
North 04° 34'08" East,a distance of 71.1 feet;
North 04° 20' 16"West,a distance of 20.9 feet;
North 05° 59' 42"West,a distance of 115.6 feet;
North 22° 54' 19"West,a distance of 39.9 feet;
North 23"45' 05" West,a distance of 473.6 feet;
North 23° 37'04"West,a distance of 391.8 feet;
North 22°49' 16"West,a distance of 422.3 feet
to the POINT OF TERMINATION ofthe herein described centerline, having coordinates of North
13,879,628.5 and East 3,565,387.9,from which a concrete monument stamped"GULF OIL CORP",found
at the Northeast corner of the above referenced tract of land and the Southeast corner of a called
120.517 acres tract of land, as recorded in C.C.F.N.9505598,of the O.P.R.J.C.T.,bears North 87°02'32"
East,a distance of 293.2 feet,said centerline having a total length of 18,726.2 feet,said Permanent
Easement containing 4.30 acres of land,more or less.
AFTER RECORDING RETURN TO:
PALNG Common Facilities Company, LLC
c/o Sempra LNG, LLC
488 8th Street,HQ13S3
San Diego,CA 92101
ATTN: Jennifer DeMarco
SPACE ABOVE THIS LINE FOR RECORDER'S USE
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF JEFFERSON §
ABANDONMENT,RELEASE AND TERMINATION OF EASEMENT
Effective Date: , 2021
Assignor: CITY OF PORT ARTHUR
Assignor's Mailing Address:
City of Port Arthur
Attn:City Manager
444 4th Street
Port Arthur,Texas 77641-1089
Fax: (409)983-8128
WITH COPY TO:
City of Port Arthur Legal Department
Attn: City Attorney
444 4th Street
Port Arthur, Texas 77641-1089
Fax: (409)983-8124
Assignee: PALNG COMMON FACILITIES COMPANY,LLC, a Delaware limited
liability company
Assignee's Mailing Address:
PALNG Common Facilities Company,LLC
c/o Sempra LNG,LLC
488 8th Street, HQ13S3
San Diego, CA 92101
ATTN: Legal Department
Consideration: Ten Dollars($10.00)and other good and valuable consideration
Abandoned Facilities: Consists of approximately of approximately 7,206 feet of 20-inch diameter
pipeline; 785 feet of 16-inch diameter pipeline, and 2,236 feet of 12-inch
diameter pipeline together with associated valves, fittings and other
appurtenances for the transportation of water.
Site: Assignee's real property,which is inclusive of but not limited to: (i)the
land on which the Abandoned Facilities are located and (ii) the land
subject to the Easement Rights (defined below), is more particularly
described on Exhibit A attached to and made a part of this instrument
Easement Rights: Those certain rights with respect to the Site granted pursuant to that certain
Judgment on the Amended Declaration of Taking dated March 9, 1944,
and recorded in Volume 549, Page 14,in the Official Records of Jefferson
County,Texas,together with any and all ancillary rights,including but not
limited to: right-of-way,access rights, ingress and egress rights, lease,
sublease, easement, sub-easement, rights by adverse possession,
prescriptive rights, implied rights, or any other similar right in or on any
portion of the Site, or otherwise related to or associated with the
Abandoned Facilities.
This instrument is given pursuant to that certain Asset Relocation Agreement("Asset Relocation
Agreement") by and between Assignee and Assignor dated February 27,2019, a memorandum of which
was recorded on November 7, 2019, as Instrument No. 2019037205. Capitalized terms used in this
instrument and not otherwise defined herein, shall have the same meaning ascribed to such terms in the
Asset Relocation Agreement.
Assignor warrants that it is the lawful owner in every respect of all of the described Easement
Rights transferred herein and such Easement Rights are free and clear of all liens, security agreements,
encumbrances, claims, demands, and charges of every kind whatsoever. Assignor binds Assignor, its
successors and assigns,to warrant and defend the title to all of the described Easement Rights to Assignee,
its successors and assigns, forever against every person lawfully claiming the described Easement Rights
or any part of it.
Assignor hereby assigns, grants and conveys to Assignee good and indefeasible right, title and
interest in and to the Easement Rights. Assignor and Assignee hereby agree that the Easement Rights are
hereby abandoned, terminated and released in all respects. Assignee may record this instrument in the
official records of Jefferson County,Texas.
[remainder of this page intentionally blank]
IN WITNESS WHEREOF, this instrument is executed as of the Effective Date.
ASSIGNOR:
CITY OF PORT ARTHUR
By:
Print Name:
Print Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
On this day of ,2021,before me a notary public, the undersigned
officer, personally appeared , who acknowledged himself/herself to be the
of the City of Port Arthur, a Municipal Corporation, and that
he/she as such officer,being authorized to do so,executed the foregoing instrument for the purpose therein
contained by signing the name of the company by himself/herself as
on behalf of the City of Port Arthur,a Municipal Corporation.
IN WITNESS WHEREOF, I hereto set my hand and official seal.
Notary Public
State of
[SEAL]
My commission expires:
ASSIGNEE:
PALNG COMMON FACILITIES COMPANY, LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On before me, (here
Insert name and title of the officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT A
Description of Site
DESCRIPTION OFCENTERLINEOFA TEN(10) FOOT WIDE CITY OF PORT ARTHUR WATER LINE EASEMENT,
IN THE PEDRO DE LA GARZA SURVEY,ABSTRACT NO.438; N.COLEMAN SURVEY,ABSTRACT NO. 12; P.B.
O'CONNERSURVEYABSTRACTNO. 185;JOHNBENNETTSURVEY,ABSTRACTNO.71ANDT. &N.O.
RAILROAD SURVEY,SECTION NO. 123,ABSTRACT NO. 251 OF JEFFERSON COUNTY,TEXAS,AND BEING
UPON,OVER,THROUGH AND ACROSSTHOSE TRACTS OF LAND(A CALLED 624.700ACRESTRACT(TRACT
2N)AND A CALLED 1,140.606 ACRESTRACT(TRACT 1),CONVEYED TO PALNG COMMON FACILITIES
COMPANY, LLC(MERGED FROM PORTARTHUR LNG HOLDINGS, LLC IN THAT CERTAIN CERTIFICATEOF
MERGER ASRECORDED IN COUNTY CLERK'S FILE NO. (C.C.F.N.)2019023057,OF THE OFFICIAL PUBLIC
RECORDSOFJEFFERSON COUNTY,TEXAS(0.P.R.J.C.T.))IN AN INSTRUMENT FILED FOR RECORD UNDER,
C.C.F.N. 2006017390,OFTHE O.P.R.J.C.T.,AND THAT CERTAIN CALLED 5.657 ACRESTRACT CONVEYED
TO PALNG COMMON FACILITIES COMPANY, LLC,AS RECORDED IN C.C.F.N.2019005328,OFTHE
O,P.R.J.C.T.,REFERRED TO HEREIN AFTER ASTHE ABOVE REFERENCEDTRACT OF LAND,SAID TEN(10)
FOOT WIDE WATER LINE EASEMENT BEING SITUATED FIVE(5) FEET ON EACH SIDE OF THE HEREIN
DESCRIBED CENTERLINE,THE SIDELINESOFSAID WATER LINE EASEMENT BEING LENGTHENED OR
SHORTENED TO INTERSECTTHE BOUNDARIES OF THE ABOVE REFERENCED TRACTOF LAND,SAID TEN
(10) FOOT WIDE WATER LINE EASEMENT BEING MORE PARTICULARLY DESCRIBEDASFOLLOWS, WITH
ALL BEARINGS AND DISTANCESHEREIN BEING GRID,BASED UPON THE TEXASSTATE PLANE
COORDINATE SYSTEM,TEXAS SOUTH CENTRAL ZONE(4204), NORTH AMERICAN DATUM OF 1983 (NAO
83), US SURVEY FEET,AS DERIVED FROM A GLOBAL POSITIONING SYSTEM(GPS)SURVEY PERFORMED BY
UNIVERSAL ENSCO, INC., IN NOVEMBER OF 2020;
COMMENCING at a concrete monument stamped"GULF OIL CORP",found at the Northeast comer of
the above referenced tract of land,and the most Southeasterly corner of a called 120.517 acres tract of
land, Tract9,as recorded in C.C.F.N.9505598,of the O.P.R.J.C.T.;
THENCE South 87°02'48" West,with the Northerly line of the above referenced tract of land and the
Southerly line of said called 120.517 acres tract, a distance of 160.6 feet to the POINT OF BEGINNING of
the herein described centerline, having coordinates of North 13,879,635.4 and East 3,565,520.3;
THENCE through and across the above referenced tract of land, the following courses and distances:
South 19°42'East,a distance of 262.8 feet to a point;
South 19°07' East,a distance of 3,571.6 feet to a point;
South 18°59'East,a distance of 6,042.1feet to a point;
South 19°09'East,a distance of 2,579.1feet to a point;
South 19°14'East,a distance of 2,182.4 feet to the point of beginning of a curve to the left;
Along said a curve to the left, having a radius of 2,829.9 feet,a central angle of 30°07', an arc
length of 1,487.4feet and a long chord which bears,South 36°51'East,a distance of 1,470.3 feet
to a point;
South 49°21'East,a distance of 16.6 feet
to the POINT OF TERMINATION of the herein described centerline, having coordinates of North
13,864,842.6,and East 3,571,814.1,from which a five eights(5/8) inch iron rod with cap stamped
"UNIVERSAL ENSCO INC"found for the most Southerly corner of the above referenced tract of land and
the most Westerly corner of a called 110.418 acres tract of land as recorded in C.C.F.N.2004017255,of
the O.P.R.1.C.T.;,bears South 53°25'43"West,a distance of 3,620.0feet,said centerline having a total
length of 16, 142.0 feet (978.303 rods), said Permanent Easement containing 3.71 acres of land, more or
less.