HomeMy WebLinkAboutPR 12032:WATERLINE EASEMENTinteroffice
MEMORANDUM
TO:
From:
S~bject:
Date:
Mayor, City Council, City Manager
Mark T. Sokolow City Attorney
P. R. No. 12032; Council Meeting of January 21,
January 17, 2003
2003
Attached is P. R. No. 12032 approving a water line
easement to the City of Port Arthur from Richard E. Doornbos,
et al. The proposed easement is attached. The parties are
still discussing a few minor changes to the agreement and to
the Exhibit "C", which are not substantive.
MTS/ts
Attachment
cc:
Director of Utility Operations
P. R. No. 12032
01/17/03 ts
RESOLUTION NO.
A RESOLUTION APPROVING A WATER LINE EASEMENT
TO THE CITY OF PORT ART~ua FROM RICHARD E.
DOOP-NBOS, ET A3~, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SUCH EASEMENT AGREEMENT
WHEREAS, the City Council deems it in the best interests of
the citizens of Port Arthur to approve a water line easement from
Richard E. Doornbos, et al.
NOW THEP, EFOHE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT
Section 1.
true and correct.
Section 2.
line easement, in
That the facts and opinions in the preamble are
attached Exhibit
execute such easement with such changes,
by the City Attorney.
Section 3. That a copy of the caption of
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this __ day of
A.D., 2003,
of Port Arthur,
Mayor
That the City Council herein approves the water
substantially the same form as denoted in the
"A", and herein authorizes the City Manager to
if any that are approved
this Resolution
at a Regular Meeting of the City Council of the City
Texas, by the following vote: AYES:
· City Council ,
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORIqEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
EXHIBIT "A"
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
WATER TRANSMISSION LINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That, we, RICHARD E. DOORNBOS,
Individually; BILLY W. DOORNBOS, Individually; PEGGY DOORNBOS THOMAS,
Individually; CORNELUS DOORNBOS, III, by and through my Agent and Attorney-in-
Fact, Billy W. Doornbos; and Barbara Doornbos Walters, Jeana Dishman Evans, Billy
W. Doornbos, and Richard E. Doornbos, as Trustees of the WILLIAM AND OPAL
DOORNBOS TRUST FOR THE BENEFIT OF BARBARA DOORNBOS WALTERS,
WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT OF JEANA DISHMAN
EVANS, and WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT OF
DELLANN ELIZABETH WALTERS, hereinafter called Grantors, whose mailing address
is Post Office Box 696, Nederland, Texas, 77627, for and in consideration of the sum
of TEN DOLLARS ($10.00} to us in hand paid by the CITY OF PORT ARTHUR, TEXAS,
a Municipal Corporation, hereinafter called Grantee, whose mailing address is Post
Office Box 1089, Port Arthur, Texas, 77641-1089, the receipt and sufficiency of
which consideration is hereby acknowledged, have GRANTED and CONVEYED, and
by these presents do GRANT and CONVEY unto Grantee, its successors and assigns,
a right, privilege, and easement to construct, install, operate, repair, maintain, and
tvlSj~
reconstruct one (1) twenty inch (20") (c'_'tc=.Ec- diameter) underground water
transmission linc ("water line") for the transportation of potable water only in, under
and across that certain tract of land owned by Grantors and situated in Jefferson
County, Texas, and more particularly described as follows, to-wit:
Lot 1, Block 8, Range "L", Lots 3, 4, and 6, Block 8, Range "K", Lots 2,
3, 7, and 8, Block 9, Range "K", and Lots 5 and 6, Block 9, Range "J"
of the Port ~thur Land Company Survey of record in Volume 1, Page
22, Map Records of Jefferson County, Texas.
The right-of-way shall be twenty feet (20') in width, contains
approximately 3.6257 acres, more or less, and is more fully described by
metes and bounds on Exhibit "A", which is attached hereto and made a
part hereof by reference. The location of said right-of-way is shown on
the plat dated 10/1'1/02 prepared by SOUTEX Surveyors Inc., which is
attached hereto, labeled Exhibit "B" and incorporated herein by
reference.
Together with a temporary right-of-way to be used during the installation
of the water line contemplated hereby, which right-of-way shall revert to
Grantors upon completion of the initial installation of said line. Said
temporary right-of-way shall be an additional ten feet (10'), where
available, on the east side of and adjacent to the above described right-
of-way.
Subject to any and all present easements, mineral leases, and other
encumbrances of record or easily discoverable from a careful inspection
of the ground and subject to any and all present farm, hunting, trapping,
and other leases and/or permits.
The attached legal descriptions were furnished to Grantors by Grantee.
If this right-of-way encroaches on any other easement in any way, then
Grantee agrees that it will obtain permission from the appropriate party
before laying its water line and that it will indemnify and hold Grantors
harmless for any such encroachment.
TO HAVE AND TO HOLD the above granted right-of-way together with all and
singular the privileges and appurtenances thereto in anywise belonging unto said
Grantee, its successors and assigns, with ingress to and egress from said right-of-way
as reasonably needed to install and maintain a water line, with the further right to
maintain the right-of-way herein granted c~ear of trees, undergrowth, and brush to the
extent that Grantee deems necessary to exercise the rights hereby granted.
2
HOWEVER, GRANTEE MAY NOT USE ANY HERBICIDES OR OTHER CHEMICALS TO
CONTROL THE UNDERGROWTH. '
GRANTEE DOES NOT HAVE THE RIGHT TO ENTER SAID LAND UNTIL
GRANTEE HAS GIVEN GRANTORS AN ORIGINAL COPY OF THIS EASEMENT
EXECUTED AND ACKNOWLEDGED BY AN AUTHORIZED AGENT OF GRANTEE.
The above conveyance is subject to the covenants hereby made by Grantee and
the conditions that Grantee will, es soon as reasonably possible:
1. Fully restore and level the surface of said land to, as nearly as can
reasonably be done, the same condition as same was prior to any such operations so
that there will not be any permanent mounds, ridges, sinks, or trenches left by any of
the Grantee's operations;
2. Fully restore to at least as good condition as same were prior to any of
Grantee's operations, all private roads, drainage or irrigation ditches, canals, and other
improvements of Grantors, if any, disturbed or damaged by any of Grantee's
operations hereunder;
3. Fully and in all things promptly restore and replace any and all damage done
to any fences or other animal containing installations of Grantors and their Tenants in
exercising any of the rights granted hereby;
4. Bury the water line to a minimum depth of forty-eight inches (4-8") between
the top of the water line and the existing ground level upon completion of installation,
except in that location shown on Exhibit ~ where said water line should be buried
a depth of ten feet (10') between the top of the water line and the existing ground
level for a distance of one hundred feet (100') and those two (2) locations shown on
Exhibit"B" where said water line should be buried a depth of six feet (6') between the
top of the water line and the existing ground level for a distance of fifty feet (50');
5. Pay for any and all damage, if any, to growing crops, fences, trees,
livestock, plowed land, irrigation installations, and other improvements of Grantors and
their tenants on said land which may arise from the installation, use, and maintenance
of said water line;
6. Inspect the water line area within thirty (30) days of completion of the
installation of said line and level the land to its original contour, if necessary;
7. Give Grantors and Grantors' tenant at least five (5) days notice before it
begins the installation of the water line or any maintenance activities (except in
emergencies) (Grantors' current Tenant to all land west of Drainage District No. 7
Main B Canal is H.C. Youmans, whose telephone number is (409) 880-6767, their
current Tenant to the east of said Canal is Charles V. Davis, whose telephone number
is (409) 722-7029, their current Hunting and Mineral Tenant for all land east of the
Canal is Christian Operating Company Inc., whose telephone number is (281) 894-
6300, and their current surface Tenant for the land east of the Canal and south and
adjacent to the 60th Street Right-of-way is Onyx Industrial Services, Inc., whose
telephone number is (409) 983-7374.); and
8. Furnish Grantors a survey and plat showing the as-built location of the water
line within thirty (30) days after the completion of its installation through the tract of
land described herein. If in the future Grantors need to know the exact location of said
4
water line, Grantee shall mark the exact location thereof within five (5) days of receipt
by Grantee of Grantors' written request.
During the construction of the water line, Grantee agrees to and will place one
(1) truck load of crushed limestone (approximately twelve (12) cubic yards) on
Grantors' property for the purpose of accessing the property between City of Port
Arthur Water Reclamation Facility and Drainage District No. 7 Main B Canal from State
Highway 73. The crushed limestone will be placed at a location to be determined by
Grantors or Grantors' Tenant (H.C. Youmans). The crushed limestone shall be placed,
shaped, compacted, and maintained to a six inch (6") thickness in an area
approximately twenty-five feet (25') wide and twenty-six feet (26') long over the
water line, one-half of which will be placed on the North side of said water line and
one-half of which will be placed on the South side of said water line.
Grantors are to fully use and enjoy the said premises and may grant other
easements to other persons from time to time, provided, however, that same do not
unreasonably interfere with Grantee's installation and maintenance of the water line
contemplated hereunder, including, but not limited to, the rights to lease the premises
and to grant easements, rights-of-way, and seismic permits, and to explore or develop
oil, gas, and other minerals thereunder. Grantors shall not construct or permit to be
constructed any house, structures, or obstruction on or over, or that will unreasonably
interfere with the maintenance or operation of the water line installed in said
easement.
5
As a part of the consideration hereof, it is hereby specifically agreed by and
between Grantors and Grantee that if, at any time hereafter, Grantors, their heirs,
beneficiaries, executors, or administrators shall determine to construct any roads,
streets, highways, canals, laterals, ditches, or utility facilities across, (as opposed to
length-wise) the hereby granted right-of-way, Grantors, their heirs, beneficiaries,
executors, or administrators shall have the absolute right and privilege to do so, and
Grantee, at its sole cost and risk after forty-five (45} days notice to do so by the
Grantors, their heirs, beneficiaries, executors, or administrators, will make such
alterations in place to its water line as are necessary to protect such line from any
damage as a result of the construction and maintenance of such roads, streets,
highways, canals, laterals, ditches, or utility facilities; provided that Grantee shall not
be required to lower or move it. Grantors, their heirs, beneficiaries, executors, and
administrators shall in no manner be liable for any damage to Grantee for any injury
or damage done to such line as a result of such construction and maintenance;
provided, however, that any such crossings above or below ground of the right-of-way
shailbe constructed at an angle of not less than thirty degrees (30°) to the longitudinal
axis of the right-of-way. If Grantors desire to construct over the easement, they shall
notify Grantee, obtain building permits (if required by City ordinance), and give
Grantee an opportunity for inspection thereof. This paragraph does not relieve the
liability of a contractor for his negligence.
As a part of the consideration hereof, Grantee has agreed that if at any time
Grantors, their heirs, successors, or assigns need water service on their property, then
6
Grantors, their heirs, successors, and assigns have the right to five one inch (1") taps
into Grantee's water line at mutually agreed upon locations without any cost.
Grantors have not inspected the condition of the above-described premises.
GRANTEE, HOWEVER, IS ON NOTICE THAT THERE ARE PIPELINES AND POWER
LINES LOCATED ON THE PREMISES DESCRIBED ABOVE. Therefore, this Easement
is conditioned upon Grantee, through its duly authorized representative, agreeing to
enter the property on an "A'S IS" basis and at the sole risk of Grantee with respect to
the condition of the premises. BY ITS ACCEPTANCE HEREOF, GRANTEE AGREES
THAT IT IS RECEIVING THE PREMISES "AS IS" AND IN ITS PRESENT CONDITION
WITH ALL DEFECTS, IF ANY, AND THAT GRANTEE SHALL HAVE THE SOLE
RESPONSIBILITY FOR DETERMINING THE LOCATION OF EXISTING PIPELINES AND
ELECTRICAL UTILITY LINES AND FACILITIES.
AS A PART OF THE CONSIDERATION HEREOF, IT IS SPECIFICALLY AGREED
BY AND BETWEEN GRANTORS AND GRANTEE THAT GRANTEE WILL DEFEND,
INDEMNIFY, AND HOLD HARMLESS GRANTORS, THEIR REPRESENTATIVES,
AGENTS, AND EMPLOYEES AND THEIR RESPECTIVE HEIRS, EXECUTORS,
ADMINISTRATORS, SUCCESSORS, OR ASSIGNS (HEREINAFTER REFERRED TO
JOINTLY AND SEVERALLY AS INDEMNITEES), OF AND FROM, ANY AND ALL,
CLAIMS FOR LOSS, DAMAGE, DEATH, OR INJURY OF ANY KIND AGAINST
INDEMNITEES BY ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP, TRUST,
CORPORATION, OR ENTITY, AND SPECIFICALLY INCLUDING BUT NOT LIMITED TO
CLAIMS BY GRANTEE, GRANTORS' OR GRANTEE'S AGENTS, EMPLOYEES,
7
INVITEES, LICENSEES, CONTRACTORS, OR SUBCONTRACTORS, OR THE AGENTS,
EMPLOYEES, INVITEES, OR LICENSEES OF GRANTORS' OR GRANTEE'S
CONTRACTORS OR SUBCONTRACTORS, OR ANY TRESPASSER OR THIRD PERSON,
WHICH CLAIMS ARISE OUT OF OR ARE CAUSED BY OR ARE ATTRIBUTABLE TO
THE EASEMENT HEREIN GRANTED AND GRANTEE'S OPERATIONS CONTEMPLATED
HEREUNDER. GRANTEE'S INDEMNITY OBLIGATION SHALL INCLUDE BUT NOT BE
LIMITED TO CLAIMS FOR'PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE
BASED UPON, IN WHOLE OR IN PART, THE THEORY OF PREMISES LIABILITY,
STRICT LIABILITY, NEGLIGENCE, AND TRESPASS AND SHALL INCLUDE THOSE
CLAIMS BASED UPON ANY DEFECT OR CONDITION OF THE EASEMENT,
REGARDLESS OF WHETHER OR NOT SUCH DEFECT IS OPEN AND OBVIOUS OR
LATENT AND HIDDEN; THOSE CLAIMS BASED UPON THE NEGLIGENCE OF
GRANTEE OR GRANTEE'S AGENTS, EMPLOYEES, INVITEES, LICENSEES,
CONTRACTORS, OR SUBCONTRACTORS, OR THE AGENTS, EMPLOYEES, INVITEES,
OR LICENSEES OF GRANTEE'S CONTRACTORS OR SUBCONTRACTORS; AND
THOSE CLAIMS BY GRANTEE OR GRANTEE'S AGENTS, EMPLOYEES, INVITEES,
LICENSEES,
EMPLOYEES,
CONTRACTORS, OR SUBCONTRACTORS, OR THE AGENTS,
INVITEES, OR LICENSEES OF GRANTEE'S CONTRACTORS OR
SUBCONTRACTORS BASED UPON ANY DEFECT OR CONDITION OF THE PREMISES
OR ROADWAYS, REGARDLESS OF WHETHER OR NOT SUCH DEFECT IS OPEN AND
OBVIOUS OR LATENT AND HIDDEN OR BECAUSE OF THE EXISTENCE OF PIPELINES,
POWER LINES, OR OTHER HAZARDOUS OR DANGEROUS CONDITIONS OR
8
FACILITIES ON OR IN THE VICINITY OF THE RIGHT-OF-WAY AND TEMPORARY
RIGHT~OF-WAY (WHETHER SUCH DEFECT OR CONDITION BE DUE TO THE
NEGLIGENCE OF GRANTORS, THEIR HEIRS, BENEFICIARIES, EXECUTORS,
ADMINISTRATORS, SUCCESSORS, OR ASSIGNS, OR WHETHER GRANTORS, THEIR
HEIRS, BENEFICIARIES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR
ASSIGNS WERE NEGLIGENT IN FAILING TO WARN GRANTEE OF SUCH DEFECT OR
CONDITION). THIS INDEMNITY FOR PROPERTY DAMAGE AND PERSONAL INJURY
SHALL EXTEND TO ANY PROPERTY DAMAGE TO ANY AND ALL PIPELINES AND
POWER LINES ON THE PROPERTY, WHETHER WITHIN THE RIGHT-OF-WAY,
TEMPORARY RIGHT-OF-WAY, OR NOT, CAUSED BY GRANTEE;S OPERATIONS
HEREUNDER.
IT IS THE INTENTION OF THE PARTIES HERETO THAT IN THE EVENT A SUIT
IS FILED BY ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP, TRUST,
CORPORATION, OR ENTITY, SUCH AS GRANTORS' OR GRANTEE'S AGENTS,
EMPLOYEES, INVITEES, LICENSEES, CONTRACTORS, OR SUBCONTRACTORS, OR
THE AGENTS, EMPLOYEES, INVITEES, OR LICENSEES OF GRANTORS' OR
GRANTEE'S CONTRACTORS OR SUBCONTRACTORS, OR ANY TRESPASSER OR
THIRD PERSON, AGAINST INDEMNITEES, WHICH ARISES OUT OF OR IS CAUSED
BY OR ATTRIBUTABLE TO GRANTEE'S EXERCISE OF THE RIGHTS GRANTED BY
THIS EASEMENT AND BASED UPON SUCH THEORIES AS ARE LISTED ABOVE, THEN
GRANTEE WILL DEFEND SAID SUIT OR SUITS AT ITS OWN EXPENSE AND WILL PAY
ANY JUDGMENT OR JUDGMENTS RENDERED AGAINSTINDEMNITEES, AND IN THE
9
EVENTGRANTEE FAILS TO DEFEND SAID SUIT ON BEHALF OF INDEMNITEES, THEN
INDEMNITEES MAY EMPLOY THEIR OWN ATTORNEY AND FURNISH THEIR OWN
DEFENSE AND GRANTEE AGREES TO PAY ALL REASONABLE ATTORNEY'S FEES
THEREFOR AND ALL EXPENSES AND COSTS INCIDENT TO THE DEFENSE OF SAID
SUIT AND TO PAY FOR ANY SETTLEMENT MADE AT THE DISCRETION OF
INDEMNITEES AND TO PAY ANY MONEY JUDGMENT RENDERED AGAINST
INDEMNITEES.
This Agreement does not relieve the liability of other companies, i,e. pipeline
companies or other tenants, for their negligence or their obligations under their
indemnification agreements.
Any notice which may or shall be given under the terms of this Easement shall
be in writing and shall be either delivered by hand or sent by United States Registered
or Certified Mail, postage prepaid, to Grantors or Grantee at the addresses listed
above. The addresses of Grantors' current tenants are as follows: H.C. Youmans, c/o
C. Doornbos, thC., Post Office Box 696, Nederland, Texas 77627, Charles V. Davis,
8382 Holmes, Nederland, Texas 77627, Christian Operating Company Inc., 11250
West Road, Building H, Houston, Texas 77065, and Onyx Industrial Services, tnc.,
Post Office Drawer K, Groves, Texas 77619. Such addresses may be changed from
time to time by either party by giving notice as provided above. Notice shall be
deemed given when delivered.
It is specifically agreed that in the event Grantee, its successors or assigns,
shallfail to complete the installation of the water line within twelve (12) months of the
10
execution of this Easement, all rights granted hereunder shall thereupon cease and
revert to the Grantors herein, their heirs, executors, administrators, successors, and
assigns. If at any time after said water line is installed, Grantee ceases to use the
rights herein granted for the purposes hereinabove set forth for as long as twelve (1 2)
consecutive months, all rights granted hereunder shall thereupon cease and revert to
the Grantors herein, their heirs, executors, administrators, successors, and assigns,
but Grantee shall have the right, at any time within three (3) months after such
reversion, to remove the water line installed under the terms hereof with the Grantee
fully rest.oring the surface of said land after such removal to where same shall be in
as nearly as reasonably possible the same condition as before such removal.
The rights herein granted may not be assigned without the written consent of
Grantors, their heirs, executors, administrators, personal representatives, successors,
or assigns. Any assignment without the consent of Grantors, their heirs, executors,
administrators, personal representatives, successors, or assigns shall be null and void.
If Grantee assigns these rights herein granted, Grantee shall remain responsible for
performance of all the obligations of Grantee hereunder.
Grantee agrees that it will ONLY use said pipeline for the transportation of
potable water for residential or commercial usage or consumption. Grantee agrees
that it will NEVER use said pipeline for the transportation, storage, or disposal of
saltwater, brine, hazardous materials or waste, plastics, PCBs, or any other substance
other than potable water. Grantee agrees that it will immediately notify Grantors of
11
any violation of this provision. In the event that Grantee violates this provision, this
Easement will AUTOMATICALLY terminate. "
Grantee is responsible for obtaining any and all federal, state, or local permits
needed to install the water line contemplated hereunder. Further, Grantee covenants
and warrants that Grantee, at its expense, shall comply with all valid laws, rules,
orders, ordinances, regulations, and requirements of federal, state, county, and
municipal authorities having jurisdiction over Grantee and Grantee's use of the right-of-
way, including without limitation, all applicable federal, state, and local environmental
laws, regulations, or ordinances.
GRANTEE SHALL TAKE ALL REASONABLE STEPS TO CLEAN UP, REMOVEr RESOLVEr OR
MINIMIZE THE IMPACT OF, OR OTHERWISE DEAL WITH, ANY HAZARDOUS DISCHARGE OR
ENVIRONMENTAL COMPLAINT WHICH IS ATTRIBUTABLE TO GRANTEE'S OPERATION UPON SAID
EASEMENT PROPERTY OR ARE A RESULT OF ACTIONS OF GRANTEE'S OFFICERS, EMPLOYEES,
AGENTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS IN FURTHERANCE OF GRANTEE'S
OPERATIONS UPON SAID PROPERTY UPON RECEIPT OF NOTICE FROM ANY ENTITY iNCLUDING,
WITHOUT LIMITATION, THE ENVIRONMENTAL PROTECTION AGENCY (EPA) OR ANY STATE OR
LOCAL ENVIRONMENTAL AGENCY, OR OTHER PERSON, ASSERTING THE EXISTENCE OF ANY
HAZARDOUS DISCHARGE OR ENVIRONMENTAL COMPLAINT ON OR PERTAINING TO THE EASEMENT
PROPERTY WHICH, IF TRUE, COULD RESULT iN ENVIRONMENTAL LIABILITY AGAINST GRANTORS,
GRANTEE, OR THEIR SUCCESSORS OR ASSIGNS, GRANTEE SHALL NOTIFY GRANTORS, IN WRITING,
PROMPTLY UPON GRANTEE'S HAVING RECEIVED NOTICE OR OTHERWISE LEARNING OF ANY CLAIM,
DEMAND, ACTION, EVENT, CONDITIONr REPORT, OR INVESTIGATION INDICATING ANY POTENTIAL
12
OR ACTUAL LIABILITY ARISING IN CONNECTION WITH (A) THE NONCOMPLIANCE WITH OR
VIOLATION BY GRAN~E OF THE REQUIREMENTS OF AN ENVIRONMENTAL LAW IN CONNECTION
WITH OR AFFECTING THE EASEMENT PROPERTY, OR (B) THE RELEASE OR THREATENED RELEASE
BY GRANTEE OF ANY TOXIC OR HAZARDOUS WASTE, SUBSTANCE, OR CONSTITUENT OR OTHER
SUBSTANCE ONTO OR AFFECTING THE EASEMENT PROPERTY OR WHICH RELEASE GRANTEE WOULD
HAVE A DUTY TO REPORT TO A TRIBUNAL OR GOVERNMENTAL AGENCY UNDER AN
ENVIRONMENTAL LAW,
GRANTEE AGREES TO PAY GRANTORS FOR ALL DAMAGES TO OR LOSS OF PROPERTY OF
GRANTORS OR THEIR TENANTS WHICH ARE CAUSED BY, RESULT FROM~ ARISE FROM, OR GROW
OUT OF ANY VIOLATION BY GRANTEE OF FEDERAL, STATEr OR LOCAL LAWS, RULES, ORDERS,
AND REGULATIONS (AS MAY BE AMENDED) APPLICABLE TO ANY WASTE MATERIAL, HAZARDOUS
SUBSTANCES, HAZARDOUS EMISSIONS, OR OTHER REGULATED SUBSTANCES ON OR BELOW THE
SURFACE OF THE EASEMENT PROPERTY OR THE PRESENCE, DISPOSAL, RELEASE, OR THREATENED
RELEASE BY GRANTEE OF ALL WASTE MATERIALS, HAZARDOUS SUBSTANCES, HAZARDOUS
EMISSIONS, OR OTHER REGULATED SUBSTANCES FROM SAID EASEMENT PROPERTY INTO THE
ATMOSPHERE OR INTO OR UPON LAND, ADJACENT LAND, OR ANY WATER COURSE OR BODY OF
WATER, INCLUDING GROUND WATER, WHICH ARE ATTRIBUTABLE TO GRANTEE'S OPERATIONS
UPON SAID EASEMENT PROPERTY OR ARE A RESULT OF ACTIONS OF GRANTEE'S OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS~. OR SUBCONTRACTORS IN FURTHERANCE OF C~RANTEE'S
OPERATIONS UPON SAID EASEMENT PROPERTY,
13
With respect to the terminology in this instrument, each number (singular or
plural) shall ~nclude all numbers, and each gender (male, female, or neuter) shall
include ali genders.
The terms, conditions, and provisions hereof shall extend to and be binding
upon the heirs, executors, administrators, personal representatives, successors, and
assigns of the parties hereto.
These presents are executed and delivered by Grantors and accepted by
Grantee without any warranties, either express or implied, that might arise by common
law or statute.
EXECUTED THIS THE day of ,2003.
G RANTO RS:
RICHARD E. DOORNBOS, INDIVIDUALLY
BILLY W. DOORNBOS, INDIVIDUALLY
PEGGY DOORNBOS THOMAS, INDIVIDUALLY
CORNELUS DOORNBOS, III
BY
BILLY W. DOORNBOS, HIS AGENT AND
ATTORNEY-IN-FACT
14
WILLIAM AND OPAL DOORNBOS TRUST FOR THE
BENEFIT OF BARBARA DOORNBOS WALTERS,
WILLIAM AND~OPAL DOORNBOS TRUST FOR THE
BENEFIT OF JEANA DISHMAN EVANS, AND
WILLIAM AND OPAL DOORNBOS TRUST FOR THE
BENEFIT OF DELLANN ELIZABETH WALTERS
BY
BARBARA DOORNBOS WALTERS
BY
JEANA DISHMAN EVANS
BY
BILLY W. DOORNBOS
GRANTEE:
BY
RICHARD E. DOORNBOS
THEIR TRUSTEES
CITY OF PORT ARTHUR, TEXAS
Approved as to form:
BY
ITS
CITY ATTORNEY
15
THE STATE OF TEXAS
COUNTY OF JEFFF~RSON
This instrument was acknowledged before me on ,2003,
by RICHARD E. DOORNBOS, individuafly, and as Trustee for the WiLLiAMAND OPAL
DOORNBOS TRUST FOR THE BENEFIT OF BARBARA DOORNBOS WALTERS,
WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT OF JEANA DISHMAN
EVANS, and WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT OF
DELLANN ELIZABETH WALTERS; by BILLY W. DOORNBOS, Individuaiiy, as Agent and
Attorney-in-Fact on behalf of CORNELUS DOORNBOS, III, and as Trustee of the
WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT OF BARBARA
DOORNBOS WALTERS, WI,LLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT
OFJEANA DISHMAN EVANS, and WILLIAM AND OPALDOORNBOS TRUST FORTHE
BENEFIT OF DELLANN ELIZABETH WALTERS; by PEGGY DOORNBOS THOMAS,
Individually; by BARBARA DOORNBOS WALTERS, as Trustee of the WILLIAM AND
OPAL DOORNBOS TRUST FOR THE BENEFIT OF BARBARA DOORNBOS WALTERS,
WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT OF JEANA DISHMAN
EVANS, and WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT OF
DELLANN ELIZABETH WALTERS; and by JEANA DISHMAN EVANS, as Trustee of the
WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT OF BARBARA
DOORNBOS WALTERS, WILLIAM AND OPAL DOORNBOS TRUST FOR THE BENEFIT
OFJEANA DISHMAN EVANS, and WILLIAM AND OPAL OOORNBOS TRUST FOR THE
BENEFIT OF DELLANN ELIZABETH WALTERS.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the ,
2003,by .,the
of the CITY OF PORT ARTHUR, TEXAS, a Municipal Corporation, on behalf of said
city.
Notary Public, State of Texas
Prepared by'.
Marleen Roosth Swerdlow
Post Office Box 10850
Beaumont, Texas 77710
16
EXHIBIT "A"
TRACT I
Being 0.5317 acre of land for utility easement purposes out of and a part of Lot 1, Block 8,
Range L and Lot 4, Block 8, Range K, Port Arthur Land Company Subdivision, City of
Port Arthur, Jefferson County, Texas; said 0.5317 acre tract being more fully described by
metes and bounds as follows to wit;
COMMENCING at the Southwest comer of Lot 1, Block 8, Range L, Port Arthur Land
Company Subdivision, as recorded in Vol.1, Page 22, Map Records, Jefferson County, Texas;
said point lying within the right of way of State Highway No. 73;
THENCE North 48 deg., 47 min., 00 sec., West, on the West line of said Lot 1, Block 8, Range
L, a distance of 75.00' to a point for comer on the North right of way line of said State Highway
No. 73; said point for comer being the POINT OF BEGINNING and the Southwest comer of the
herein described tract;
THENCE North 48 deg., 47 min., 00 sec., West, continuing on the West line of said Lot 1, Block
8, Range L, a distance of 20.00' to a point for comer; said point for comer being the Northwest
comer of the herein described tract;
THENCE North 41 deg., 13 min., 00 sec., East, a distance of 760.26' to a point for comer;
THENCE North 37 deg., 38 min., 26 sec., East, a distance of 397.90' to a point for comer on the
West line of a drainage easement named Main "B" Canal conveyed to Jefferson County
Drainage District No. 7 as recorded in Vol. 1810, Page 396, Deed Records, Jefferson County,
Texas; said point for comer being the Northeast comer of the herein described tract;
THENCE South 48 deg., 47 min., 00 sec., East, on the West line of said Main "B" Canal, a
distance of 20.04' to a point for comer on the North right of way line of line of said State
Highway No. 73; said point for comer being the Southeast comer of the herein described tract;
THENCE South 37 deg., 38 min., 25 sec., West, on the North right of way line of said State
Highway No. 73, a distance of 397.27' to a point for comer;
THENCE South 41 deg., 13 min., 00 sec., West, continuing on the North fight of way line of
said State Highway No. 73, a distance of 760.88' to the POINT OF BEGINN1NNG and
containing 0.5317 acre of land more or less.
TRACT II
Being 1.205 acres of land for utility easement purposes out of and a part of Lots 3 and 6,
Block 8, Range K, Port Arthur Land Company Subdivision, City of Port Arthur, Jefferson
County, Texas; said 1.205 acre tract being more fully described by metes and bounds as
follows to wit;
COMMENCING at the Southwest comer of Lot 3, Block 8, Range K, Port Arthur Land
Company Subdivision, as recorded in Vol. 1, Page 22, Map Records, Jefferson County, Texas;
said point lying within the right of way of State Highway No. 73;
THENCE North 48 deg., 47 min., 00 sec., West, a distance of 100.00' to a point on the North
right of way line of said State Highway No. 73; said point being on the South line of a drainage
easement named Main "B" Canal conveyed to Jefferson County Drainage District No. 7 as
recorded in Vol. 1810, Page 396, Deed Records, Jefferson County, Texas;
THENCE North 41 deg., 13 min., 00 sec., East, on the North right of way line of said State
Highway No. 73, the South line of said Main "B" Canal, a distance of 105.38' to a point for
comer being the POINT OF BEGINNING; said point for comer being the Southeast comer of
said Main "B" Canal and being the Southwest comer of the herein described tract;
THENCE North 48 deg., 47 min., 00 sec., West, on the East line of said Main "B" Canal, a
distance of 1700.92' to a point for comer;
THENCE North 21 deg., 05 min., 35 sec., West, continuing on the East line of said Main "B"
Canal, a distance of 925.02' to a point for comer on the South right of way line of a dedicated
road named 53ra Street; said point for comer being the Northwest comer of the herein described
tract;
THENCE North 41 deg., 13 min., 00 sec., East, on the South right of way line of said 53rd Street,
a distance of 22.59' to a point for comer; said point for comer being the Northeast comer of the
herein described tract;
THENCE South 21 deg., 05 min., 35 sec., East, a distance of 930.59' to a point for comer;
THENCE South 48 deg., 47 min., 00 sec., East, a distance of 1695.99' to a point for comer on
the North right of way line of said State Highway No. 73, said point for comer being the
Southeast comer of the herein described tract;
THENCE South 41 deg., 13 min., 00 sec., West, on the North right of way line of said State
Highway No. 73, a distance of 20.00' to the POINT OF BEGINNING and containing 1.205
acres of land more or less.
TRACT III
Being 1.358 acres of land for utility easement purposes out of and a part of Lots 2,3,7 and
8, Block 9, Range K, Port Arthur Land Company Subdivision, City of Port Arthur,
Jefferson County, Texas; said 1.358 acre tract being more fully described by metes and
bounds as follows to wit;
COMMENCING at a point on the centerline of a dedicated road named 53rd Street; said point
being the Southwest comer of Lot 2, Block 9, Range K, Port Arthur Land Company Subdivision
as recorded in Vol. 1, Page 22, Map Records, Jefferson County, Texas;
THENCE North 48 deg., 47 min., 00 sec., West, on the West of said Lot 2, Block 9, Range K, a
distance of 20.00' to a point on the North right of way line of said 53ra Street;
THENCE South 41 deg., 13 min., 00 sec., West, on the North right of way of said 53~ Street, a
distance of 81.19' to a point for comer being the POINT OF BEGINNING and the Southeast
comer of the herein described tract;
THENCE South 41 deg., 13 min., 00 sec., West, continuing on the North right of way line of
said 53~d Street, a distance of 22.59' to a point for comer on the East line of a drainage easement
named Main "B" Canal conveyed to Jefferson County Drainage District No. 7, as recorded in
Vol. 1810, Page 396, Deed Records, Jefferson County, Texas; said point for.comer being the
Southwest comer of the herein described tract;
THENCE North 21 deg., 05 min., 35 sec., West, on the East line of said Main "B" Canal, a
distance of 2936.28' to a point for comer on the South right of way line of a dedicated road
named 60th Street; said point for comer being the Northwest comer of the herein described tract;
THENCE North 41 deg., 13 min., 00 sec., East, on the South right of way line of said 60th Street,
a distance of 39.31' to a point for comer on the West right of way line of a dedicated road named
Marshall Avenue and being the Northeast comer of the herein described tract;
THENCE South 48 deg., 47 min., 00 sec., East, on the West right of way line of said Marshall
Avenue, a distance of 20.00' to a point for comer;
THENCE South 41 deg., 13 min., 00 sec., West, a distance of 27.22' to a point for comer;
THENCE North 21 deg., 05 min., 35 sec., East, a distance of 2913.70' to the POINT OF
BEGINNING and containing 1.358 acres of land more or less.
TRACT IV
Being 0.5310 acre of land for utility easement purposes out of and a part of Lots 5 and 6,
Block 9, Range J, Port Arthur Land Company Subdivision, City of Port Arthur as
recorded in Volume 1, Page 22 Map Record Jefferson County, Texas; said 0.5310 acre tract
being more fully described by metes and bounds as follows to wit;
BEGINNING at a point for comer being the intersection of the South fight of way line of a
dedicated road named 60th Street with the East fight of way line of a dedicated road named
Marshall Avenue; said point for comer being the Northwest comer of the herein described tract;
THENCE North 41 deg., 13 min., 00 sec., East, on the South right of way line of said 60~ Street
for a distance of 1156.50' to a point for comer on the West right of way line of a dedicated road
named State Highway 69, 96, 287; said point for comer being the Northeast comer of the herein
described tract;
THENCE South 48 deg., 41 min., 00 sec., East, on the West right of way line of said State
Highway No. 69, 96, 287, for a distance of 20.00' to a point for comer; said point for comer
being the Southeast comer of the herein described tract;
THENCE South 41 deg., 13 min., 00 sec., West, a distance of 1156.46' to a point for comer on
the East right of way line of said Marshall Avenue; said point for comer being the Southwest
comer of the herein described tract;
THENCE North 48 deg., 47 min., 00 sec., West, on the East right of way line of said Marshall
Avenue, a distance of 20.00' to the POINT OF BEGINNING and containing 0.5310 acre of land
more or less.
These descriptions are based on deed and right of way maps furnished by Drainage District No. 7
and the Texas Highway Department of Public Transportation and does not represent a current
field survey.
City of Port Arthur
October 11, 2002
LS-02-0958
EXHIBIT "B"
-I
EXHIBIT '~C"
WILL BE PROVIDED