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HomeMy WebLinkAboutPR 21979: PIPELINE RENEWAL WITH TEXAS GENERAL LAND OFFICE INTEROFFICE MEMORANDUM -WATER UTILITIES DEPARTMENT- Date: August 24, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton,City Manager From: Donald Stanton, Interim Water Utilities Director RE: PR 21979—Texas General Land Office Easement Agreement Renewals Nature of Request: The intent of this Agenda Item is to seek City Council approval to renew the easement agreements pertaining to the Texas General Land Office license concerning the Taylor's Bayou Waterway Project, Port Arthur Canal. Council passed Resolutions 08-141 and 11-277, allowing the construction of a 16" water line and a 12" water line to serve Sabine Pass, passing through Taylor's Bayou. The agreement for the easements were for ten (10) years, and the time has come to renew the easement agreements. The purpose of the license agreement renewal is to continue to receive license and permission to maintain our water line through Taylor's Bayou, which serves Sabine Pass. The easements to be renewed are ME20110107 and ME20110108. Budget Impact: The total budgetary impact of this resolution is $1,000 per easement, for a total of$2,000. Funding is available in 410-40-215-5401-00-00-000, Rent. Recommendation: I recommend that City Council approve P.R. No. 21979, approving a ten (10) year contract renewal between Texas General Land Office and the City of Port Arthur to permit the operation and maintenance of a 16"water line and a 12"water line through Taylor's Bayou as delineated by Exhibit"A". P. R. No. 21979 8/24/21 bw/ht Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW MISCELLANEOUS PIPELINE EASEMENT NOS. ME20110107 AND ME20110108 WITH THE STATE OF TEXAS GENERAL LAND OFFICE FOR THE PURPOSE OF OPERATING AND MAINTAINING THE EXISTING HIGHWAY 87 SOUTH WATERLINE IMPROVEMENTS THAT SERVE THE SABINE PASS AREA FOR A TOTAL PROJECTED BUDGETARY COST OF $2,000.00; FUNDING IS AVAILABLE IN 410-40- 215-5401-00-00-000 WHEREAS, pursuant to Resolution No. 11-036, the City accepted the completion of the Highway 87 South Water System Improvement Project No. CPA-420 to serve the vicinity of Sabine Pass; and WHEREAS, the Commission of the General Land Office granted the City of Port Arthur Miscellaneous Pipeline Easement Nos. ME20110107 and ME20110108 for the purpose of operating and maintaining said water system improvements across Permanent School Fund land near Taylor Bayou; and WHEREAS, the easements are currently expired and it is deemed in the best interests of the citizens to renew said easements to continue the operation and maintenance of the 12-inch and 16-inch diameter pipelines. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and THAT, the City Manager of the City of Port Arthur is hereby authorized to renew Easement Nos. ME20110107 and ME20110108, in substantially the same form as attached hereto as Exhibit"A"and Exhibit"B",with the State of Texas General Land Office,at a cost of$1,000.00 per easement, for a total projected budgetary cost of$2,000.00; and THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the Meeting of the City Council. P. R. No. 21979 8/24/21 bw/ht Page 2 of 2 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: DONALD FRANK, SR. MAYOR PRO TEM ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Valecia Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton Donald Stanton, City Manager Interim Utilities Director APPROVED FOR AVAILABILITY OF FUNDS: c Kandy Daniel Interim Finance Director Exhibit "A" (Easement Nos. ME201 10107) State of Texas Texas General Land Office a \ Application for State Land Use Lease -� Easement No. ME20110107 Miscellaneous Easement/Right-of-Way - Renewal, Assignment, or Amendment Grantee/Official Company Name/Applicant ❑ Authorized Agent ❑Company Contact Company, Partnership, Individual or Trust Name Individual, Company, or Consultant Information City of Port Arthur Mailing PO Box 1089 Agent/Company Contact Send contracts to Agent/ Address (Title, First Name,Last Name,Salutation) Company Contact Ronald Burton J City Port Arthur State TX Zip Code 77641 Work # 409-983-8101 Mobile # Work # 409-983-8101 Fax # Street Address 444 Fourth Street Country Website Email City Port Arthur State TX Zip Code 77640 Country Email ronald.burton@portarthurtx.gov ****Please Note:For Oil and Gas-Related Pipelines ONLY Type of Business and State of Incorporation of Grantee there is the option for a 10 year or 20 year term*** Select Term 10 Year Term 20 Year Term Type of Business Municipality Operator If LP, Name Of GP Operator Contact State of Incorporation Texas Operator Phone Number Tax Id # 74-6001885 Email Please note what is being amended and if this for an assignment, you must include the GLO Easement RRC T-4 # (Copy of permit if available) Numbers on the Bill of Sale. List the easement numbers Last Safety Evaluation # (if available) being assigned here as well or use this section to include any additional information: System Name Renewal of Year Built Interstate Intrastate U ME20110107 Is the area Pooled/Unitized? Yes I No ❑ Is the pipeline operating and used for the original purpose stated in original Yes ❑ No ❑ contract? If no, what is the purpose or is the line inactive? If inactive pipeline in a Bay area see Bay Pipeline Policy. For assignments,the assignor and assignee must each fill out and submit an application. Also,send one copy of the executed Bill of Sale Signature of Applicant/Agent either by attaching it to the email that is created when you click the "Submit by Email" button or by mailing it to the Texas General Land Office c/o Right-of-Way Dept., PO Box 12873,Austin TX 78711-2873. We will Name (please print or type) issue an assignment contract for all parties to sign once we receive all requested information. Fees are located at the bottom of the next page. Date Information collected by electronic mail and by web form is subject to the Public Information Act,Chapter552,Government Code. Print Form Submit by Email Miscellaneous Easement Regions Map 1 I _ .\--t-- 111040111"tit; 1 i thi — 4. *OP // 1l -2 1 Gulf of Mexico The boundary between Regions 1j ~` Three Marine and 2 is the line separating state League Line bay tracts from state gulf tracts as shown in the GLO Submerged Land Inventory. General Land Office Rates for Oil&Gas Related Pipelines General Land Office Rates for Electric Power Lines All rates based on price per rod(1 rod=16.5 feet) All rates based on price per rod(1 rod=16.5 feet) 10-Year Term 10-Year Term Size Region 1 Region 2 Region 3 Damages Non State Base Rate(per rod) Oil&Gas Power Line Damages • Up to 13" $17 $30 $24 $21 $150 Capacity Region 1 Region 2 Region 3 (per rod) >13" $43 $70 $57 $29 $150 <69 KV $18 $30 $24 $12 20-Year Term 69-137 KV $30 $42 $36 $18 Up to 13" $23 $41 $32 $21 $205 138 KV $54 $66 $60 $20 >13" $60 $96 $78 $29 $205 >138 KV $78 $90 $84 $24 Minimum consideration for a 10-year pipeline contract is$800 and$1,600 Minimum consideration for a 10-year electric easement is$1,202. for a 20-year pipeline contract. Minimum fee for damages on new Minimum fee for damages on new easements is$200. Fees are$350 per easements is$200. Fees are$350 per event of application,renewal,or event of application,renewal,or amendment. Assignment fees are$350 amendment.Assignment fees are$350 per assignment. See notes below. per easement. See notes below. PLEASE NOTE: PLEASE NOTE: 1.All charges are per line,per crossing. 1.Rates for ROW easements over,across or under PSF acquired properties 2.Rates for PSF acquired properties and properties within a municipality or and properties within a municipality or its extraterritorial jurisdiction are its extraterritorial jurisdiction are negotiated. negotiated. 3.Damages are charged per rod and are applied to new easements only. 2.Damages apply to new easements only. 4.Damages will not be assessed for lines that are directionally drilled/bored 3.Damages will not be assessed for lines that are directionally drilled/ under State riverbeds,creeks,etc. bored under State riverbeds,creeks,etc. 5.Base rate may increase annually(but not decrease)September 1 each 4.Base rate may increase annually(but not decrease)September 1 of each year by the Consumer Price Index for all Urban Consumers(CPI-U). year by the CPI-U. The State of Texas a�,tAL CA PR T ,, I* r• .IF .y 4, ,,2 MlO Austin,Texas C 19 MISCELLANEOUS EASEMENT (PIPELINES) Ge ME20110107 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This Miscellaneous Easement (the "Agreement"), ME20110107, is granted by virtue of the authority•granted in Section 51.291, et seq.,TEX. NAT. RES. CODE, 31 TEX. ADMIN. CODE §13.12, et seq., and all other applicable statutes and rules,as the same exist on the date hereof or as they may be amended from time to time. ARTICLE 1. PARTIES 1.01. En consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and through the Commissioner of the General Land Office, on behalf of the Permanent School Fund, (the "STATE"), hereby grants to City of Port Arthur, whose address is 444 4th Street, Port Arthur, TX 77640-6450, phone number (409)983-8226,(the"Grantee"),a non-exclusive easement for the purposes identified in Article V. ARTICLE H. PREMISES 2.01. The easement is located across Permanent School Fund land in Jefferson County,Texas,described as follows: Taylor Bayou and the easement is a right-of-way 19.5 rods long and 30 feet wide, being 15 feet either side of a centerline formed by the Improvements (as hereinafter defined), as constructed (the "Premises"). Notwithstanding the foregoing, during the period of initial construction not to exceed 120 days, the easement width shall be 100 feet wide, being 50 feet either side of the centerline instead of the easement width mentioned above. In addition, if repair and/ or replacement of the waterline is necessary, for a period not to exceed 60 days, Grantee shall again be granted additional easement width which shall be 100 feet wide being 50 feet either side of the centerline. The Premises are further described or depicted on the Vicinity Map attached hereto as Exhibit A and the Survey Plat attached hereto as Exhibit B,collectively incorporated by reference for descriptive purposes. 2.02. Grantee acknowledges and agrees that when the Improvements (as hereinafter defined) are placed on the Premises, the location of such Improvements within the easement shall thereby become fixed at such location and shall not be changed except by an amendment to this Agreement signed by both parties hereto and subject to any approval by any other governmental agency with jurisdiction over same. ME20110107 1 CUSTOMER ID:C000000902 me pl psf 03 29 2011.doc Rosenbaum 2.03. IO OF THE D CEPTS GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONI OON THE STATEPREMISES ANS ANYC AND THE SAME"AS IS",IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC COON AND ANY ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, ENT, THE OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH TERMISGRANT'M1N NO WAY 11VIPLIES THAT THIS ATE AND GRANTEE HEREBY AGREE AND ACKNOWLEDGE THAT THF. USE EASEMENT IS FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RECORD,NOTICE IS HEREBY GIVEN TO TAKES SUBJECT TOANY THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE EXA SUCH PRIOR GRANT AND/OR ENCUMBRANCE. GRANTEEIS 1 VISED NORTHO CONGRESS THE REE ,RDS IN THE ARCHIVES IVES 78701- AND RECORDS DIVISION OF THE GENERAL LAND OFUNTIES IN WHICH THE PREMISES ARE FICE,1495, AND ALL OTHER LAND TITLE RECORDS OF SURVIVE E,pIRAE COUNTY OR T ON OR EARLIER TERMINATION OF THIS LOCATED. THE PROVISIONS OF THIS SECTION SHALL EASEMENT. ARTICLE III. TERM 3.01. This Agreement is for a period of ten (10)years, beginning on May 1, 2011, and ending on April 30, 2021, unless renewed,amended,or sooner terminated as authorized by law or as set forth herein.Grantee shall have the right to pursuant to 31 TAC§13.17(C)and(d)for an additional like term based on the then 3.02. Provided that Grantee has complied with all provisions of this Agreement, extend and renew this Agreement taking the following actions: current rate schedule and on the terms and conditions provided hereunder,by Agreement not less than ninety(90) (i) providing written notice to the STATE ofGrantee's and renew theg days prior to expiration of the term of this Agreement; (30) days iicompleting and submit to the STATE for approval, an application for renewal within thirty ( ) following the notice provided in Section 3.02(1); an id ii a in the applicable renewal fee,pursuant to the rate schedule in effect at the time of renewal;and (1 ) PY g the current location of the Improvements. This documentation shall lie within the Premises. (iv) include providing coordinates showing approved that such Sclh spatial may bei thear determining to the U S.Department(of Transportation,provided andc Such information may be in the form provided (20)syears (hs "older pipeline"), Grantee documentation includes the current locatfor at least twentyyaesNotwithstanding theforegoing, provided that the pipeline has been in placethe requirements of this coordinates, whichustates thatos sub may, in lieu(iv)f providing such certifiedactual lwritten statement mensions and abyla Professional Engineerq engineer, b the burial depth r eep e havingemployed providing to ed best efforts to do , can not exist'Ing recordsnand documentation. /oAny locationuh onadespite emp y coordinates of such existing pipeline from Grantee'spossession relating to either the actual time, later discoversthacal certified ns spatial t shall coordinateslso include any the Improvements.on in Grantee's Grantee, Grantee agreesr to submit ddimensions oractualburial depth and/or locaion coordinates of an older pipet t any such documens thetation Agreement, both STATE and Grantee will enter into such documentation to STATE. If either STATE A Grantee determine that an older pipeline is not locatedan Y ehto the right of way describedorin g nify STATE pursuant o Section is of this amendment to this Agreement to correct the right of way description provided such right ofway State-owned land. e or all of the ImprovementIn any event, Grantee s are notllocat d on State-owned land. Agreement even if event that Grantee shall fail to comply with the requirements of Sec Section suchfailureshall be indefaulta hereunder; In thecomplywithreSection allows a hereunder; however, the Easement shall not terminate until STATEP periodes bsety(30)entl daysr d for Grantee STAT ' satisfaction,failure shall be deemed a forfeiturefailure of any right Grantee may have to even if subsequently cured to STATE CUSTOMER ID:C000000902 2 ME20110107 me p1 psf 03 29 2011.doc Rosenbaum fee renew the Agreement at a reduced fee. STATE may require (i) the full then-current fee as calculated for a new easement, or, (ii) the applicable renewal ursuant to the rate schedule in effect at the time of renewal, plus an p administrative penalty as determined by STATE. ARTICLE 1V. CONSIDERATION AND TAXES easement, Grantee 4.01. A. As consideration (Consideration) for he , or if applicable, renewal of General Land Office at Austin,tTexas)the sum f One agrees to pay the STATE(payable to the Commissioner of the Thousand And 00/100 Dollars($1,000.00),due and payable upon the execution of this Agreement. B. Past due Consideration and other past due payments shall bear interest as provided in TEX. NAT. RES. the CODE Section 51.301,as amended from time to time. and,ure of Grantee to make a payment on or before the the STATE's option, cause all payments to becomeeduc same becomes due shall be deemed an act of default and payable immediately;provided,however, STATE shall give Grantee notice of such default and allow a period of thirty(30)days within which to cure the default before exercising such option to accelerate such payments. and a additionhags to the above, Grantee shall pay and discharge any and all taxes, general and special assessments, and other charges which during the term of this Agreement ereonmay be levied on or assessed against Grantee's interest in the Premises or on the Improvements constructed less from ty for any and ll such 4.03. Grantee agrees to and shall protect and hold le andTATE nterest thereon, and from►any sale or otherdproceedingto charges, and assessments,together with any penalties enforce payment thereof. ARTICLE V. USE OF THE PREMISES 5.01. e e es r f-wGo oea and Grantee's employees,contractors, and agents shall have the right hteo useand rhpPremise (1)o a6i ht- h of-way to construct, maintain, operate, inspect, repair, change the size of, waterline(the"Improvements"). Grantee shall not change(i)the operation of the pipeline in any material respect or Grantee's (ii) the category of products therein, without STATE'swritten ithhold itsecon►se t for reasons that include, be unreasonably request withheld. It shall not be unreasonable for STATE to we for TATE to (a) ', for: a change in the category of products to be transported. tt STATEshall oof adequate nnsulrance So protecti the condition its consent on Grantee procuring and providing proof to Premises and (b)charge fees for(i)additional pipelines, and (ii)changes in use operation includins g but t not limited flow. to, a use separate and apart from the original use contemplated by the followingremnt,e.g. fiber Grantee's request an a categoryversuse STATE agrees to grant or deny such permission within thirty(30)days change,provided such request includes all information necessary for STATE to make an informed decision. l s of ingress 5.02. A. The STATE and Grantee hereby ackno� lege and or adjacent Permanent School Fundree that each shall have ►jandaor►and ownedby and egress to and from the Premises across contiguousJ to Grantee, provided in the exercise of this right to odes STATE noes) use of tseproperty.gree t At itssolecost, r'sk,rfere with and expense, (or that party's agents, assignees, g other party'spurposes authorized by Section 5.01 and such right is not Grantee shall have the right of ingress and egress for the granted for any other purpose. Grantee and the STATE Grantee,rlespely gt vely,and toree to rexercise such right ofthe use of guscuonly s or adjacent Permanent School Fund land or land owned by the parties in subjects to the extent and in the manner allowed by the respective interests Premises.f Notrvithstandingeany otherlprovisions to the length of time necessary to provide access to and and their respective contrary, no easement is created d by thiscontractors forthe lmection ;it d purposes set forth herea license is on,to the parties officers,employees,agents CUSTOMER ID:0000000902 3 ME20►10107 me p1 psf 03 29 2011.doc Rosenbaum hat the E'S B. Grantee acknowledges and agrees effect as T as the right Improvemingress ents and any other structure placed Section on 5.02.A.of this Agreement shall be and remain inlongto oval(in ole or in the Premises by Grantee remain on the Pelsenecessary liability against STATE arrising inthe ncon ectionhwith the part) of the Improvements, and/or untilany claims of Improvements are finally resolved. Such rightthe ingress and gemainress horn the Premises asurvive the nd/ o�any claims for liability or earlier termination of this Agreement,but only for so long asImprovements have not been finally resolved. 5.03. A. Grantee's use of thePremises is subject to and contingent upon compliance with the following covenants, "Special and conditions(the Conditions"): zed undr this repair 1. Grantee is responsible for maintaining with all existing state`and federal regulations tgovin ernng such and safe condition,and in compliance work. 2. If a leak occurs in a pipeline, Grantee shall take all immediate action to prevent further release, as comports with industry practice or complies with applicable regulatory requirements. ing 3. Grantee is required to perform mitigation and/or pay surface curia a damages ccord suing to the STATE S f policy in effect at the time damages occur for any anda n is Grantee's employees,contractors,and/or agen s during the the STATE of the terms and conditions under of this easement. If which required Grantee will be notified writing bye fees all be the mitigation shall beawithind. uch timergation and/or frame specified inmwritten of ceent of gprov dedhby the performed in the manner and i STATE to Grantee following said damages. Grantee shall provide A. Prior to any construction, installation, repair, or other activities on the Premises, to the written notice of all the terms of this Agreementrelatingshalsend a particular py of suchi nty to any otice to theoGeneral Land Officentractor and/or ,involved in any such activity. On request, Grantee ATfN: Asset Inspection, 1700 N.Congress Avenue,Austin,Texas 78701-1495. r any ose ,in 5.04. STATE shall have the right to use or to permit the tGrantee'sany easemei easement Premises STATE,ots agents, representatives • S`fATE's sole discretion, not to be inconsistent y time in case of and employees shall have the right to enter upon the Premisesnecessary to protect y reasonable time ((or or anans interests therein. emergency)for purposes of inspection, repair, and any other purpose believes Except in the event of an emergency, in which case no and safetyice is therpublicathe environment,by STATE, if or the value of STATE's that a repair is necessary to protect the health �' repair. If STATE gives such property, STATE shall give Grantee reasonable prior written notice of the let ces ar repair wIf TATE gi eTATE notice, and Grantee does not initiate immediate action to pursue to comp may,but shall not be obligated to, undertake thatrap ir,s for the sole purposell costs of hshall of providing a e naechanismand for STATE byh o Grantee on STATE'S demand. This Section 5.0 respond to a situation in which immediate action n behalf requiredoGraeo protect the State and/or public interest and such immediate action has not been initiated by l comply, 5.05. Grantee shall not use,or permit the use of the Premises for any illeal purpose. rantee to comply,with all applicable lawstlord oancesnruleisl ccause its officers, employees, agents,contractors and invitees and regulations of governing agencies concerning use of the Premises. ts in cordance with this 5.06. Failure by Grantee to construct, asdefined under maintain operate oTEX nNATaItES. CODE §51.302rtand subject icle V may render such Improvements "unauthorized structures" them to sanctions provided therein. CUSTOMER ID:C000000902 ME20110107 4 me p1 psf_03 29 2011.doc Rosenbaum ARTICLE VI. ASSIGNMENTS ed n, in le or part,to any ird party for 6.01. rp Granteeitht all llot asswritten the premises or the rights consent of the STATE, whichtconsentlmay notobe unreasonably withheld. For any purpose without prior watt purposes of this Section 6.01 A,the phrase"third party"shall not include any subsidiary or affiliate in which Grantee owns,respectively,at least a majority percentage,or the largest plurality percentage,voting interest. B. Grantee may assign this Agreement without STATE's consent to (a) a parent entity, (b) any affiliate of Grantee controlled by the same parent entity,or(c)any subsidiary or affiliate in hick Grantrante ne in any owns, resthe foregoingat least a majority percentage, or the largest plurality percentage,voting interest, p events, (i) the resulting entity agrees in writing to assume and perform all of the terms and conditionda s of such s y Agreement, and (ii) Grantee provides notice to STATE of any such assignment within thirty (30) assignment. In the event of such assignment, it is understood and agreed by both Grantee and STATE that the original Grantee remains liable to STATE under all terms and provisions of the Agreement. C. Any assignment which fails to comply with the foregoing provisions shall be void and of no effect. D. This provision and the prohibition against unauthorized assignments contained herein shall survive expiration or earlier termination of this Agreement. nterestis gor rights herein granted, an assignment is any transfer, including by operation of law,to anotherof all or part of the property, ARTICLE VII. PROTECTION OF NATURAL AND HISTORICAL RESOURCES 7.01. With regard to all activities authorized herein, Grantee shall use all reasonable best efforts to: (i) prevent pollution air, ground, and water in and around the Premises,and (ii)to protect and preserve natural resources and wildlife andhabitat.BGrantee shall governmental with alhagll enc eapplicable re pions ble forth a protection and preservation of public lands regulations of the General Land Office, the School Land Board, and other gove gis eportable U.S. and waters, natural resources, and wildlife habitat. Land Office,event orthe Rai load Commissioneincident t of rTexas to any other Department of Transportation, the General djacent applicable regulatory agency) that may result ins pollution acident l inthe usePallnm ansises r reasonably oa ailab eperty, r to tee recaptureshall oany the STATE immediately upon discovery of pollutants which have escaped or may escape,and mitigate for any and all natural resource damages caused thereby. NAL TION ACT OF 1966, 7.02. GRANTEE IS HEREBY EXPRESSLY NOTIFIED 470,IET.SEQ.)AND THEOANTIQUITIES CODEPI' I'ITi ,E 9,ACHAP"1'ER 191,TEX. (PB-89-66,80 STAT.915, 16 U.S.0.A. NAT.RES. IN CONFORMANCE ARTIFACT,ITEM OR OTHERSE LAWS,IN THE VENT THAT ANY SITE,FOUNDATION,BUILDING, FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, STRUCTURE,NLOCATION, OBJECT, THE ACTIVITIES AUTHORIZED BY EDUCATIONAL,CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THIS EASEMENT, GRANTEE SHALL IMMEDIATELY CEASE ANY AND ALL ACTIVITIES, AND NOTIFY THE X 12276, AUSTIN, TEXAS OTHE GENERALAPPROPRIATEAND ACTION MAY BE UNDERTAKEN TO PROTECT OR RECOVERFFICE AND THE TEXAS HISTORICAL COMMISSION, SUCH AUSTIN, TEXAS 78711, SO THAT TO DISCOVERIES FINDINGS,AS APPROPRIATE. THE TTHAT AEREQUIRED S E ACTIVITIES, THE STATE SHALL NOT BELIABLE FOR ANYCOSTSOFGRNTEE, GRANTEE'SAGENSEMPLOYEES, CONTRACTORS,SUBCONTRACTRSTO USE THE PREMISES AS HEREIN CONTEMPLATED.ANY INTERRUPTION OF GRANTEE'S ACTIVITIES OR INABILITY ARTICLE VIII. INDEMNITY 8.01. TO THE EXTENT ALLOWED BY TEXAS LAW,GRANTEE SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY M OR ATTRIBUTABLE TO GRANTEE'S USE NTED DAMAGE, OF ANE,NATURE ARISING OR RESULTING MI SIONS OF GRANTEE, ITSOAGENTS OR CONTRACTORS RELATED TO GRANTEE'S HEREIN OR THFE, ACTS OR O EXERCISE OF THE RIGHTS GRANTED HEREIN. GRANTEE AGREES TO AND SHALL INDEMNIFY AND HOLD THE CUSTOMER ID:C000000902 ME20110107 5 me pl psf 03 29 2011.doe Rosenbaum SUIT,COSTS, STATE,THE STATE'S GO ANY KIND,NCL UDING STRICEMPLOYEES,T LIABILITY CMLESS LAIMS,COSTS OF COURTM AND AGAINST ,ATTORNEY'S FIABILITY OR DAMAGES OF ESS AND HOF INVESTIGATION 0PEXPERTS,CEPT TOWITHOUT LIMIT AND THE EXTENT OFITHE PROPORTIONATE CAUSE OF THE E NEGL GENCE DAMAGE OR THE NEGLIGENCE OF ANY OR WILLFUL MISCONDUCT OF THE STATE, STATE'S GRANTEE SSUSE OF, HE PREMISES(iNRCLUDING CTORS) ARISING DIRECTLY OR INDIRECTLY FROM OR ATTRIBUTABLE TO COY ADJACENTIOS CONTIGUOUS LAND)HEROVISIONS OF TIOR FROM ANY TS SECTION SHALL SURVIVE EXPEACH BY GRANTEE OF THE IRATION OR EARLIER CONDITIONS CONTAINED HEREIN. THE TERMINATION OF THIS AGREEMENT. ARTICLE IX. DEFAULT,TERMINATION AND EXPIRATION fying an act of fault or 9.01 If,within thirty(30)days after receipt of wrinoticetten in breach of any termTATE porl condition of thseAgreementathe GGrantee fails to pay any money due hereunder or continues STATE shall have the right to terminate this Agreement all rightsday P g i dGth this Agreemcn Sshall be subject to ould Grantee fail to cure the specified default or breach within the allowedthirtyo the Such termination, and upon such termination all rights T�hod collect any money due orherein to seek trecoveryTonTa yclaim termination shall not prejudice the rights of the S1 A arising hereunder. 9.02. Except as otherwise provided by applicable law or rule and subject to obtaining necessary approval from state or federal agencies having applicable jurisdiction,or making best efforts to obtain such permits, Grantee shall,within other property one hundred twenty(120)days from the dater rovements�and shallr sooner ere torei�he Premisen of this s anYinitiate removal P v�y of all personal property, structures, and the p affected by such removal activities)to the same before entered thereon. and restoration activities shall be coordinated General Land Office in accordance with guidelines in effect at iques required for the time of removal/restoration which may include, without inlieu of mrtigaflon for any and alltdamnages resulting from { protection of natural resources and mitigation or paymentstandards re days beforeindcommencing , removal activities, all of which shall bein shallc notifyanc the with STATEalat least den current pipeline industry using available technology. Grantee removal/restoration activities so that a General Land Office field inspector may be present. ARTICLE X. NOTICE notice which may or shall be given under the terms of this Agreement shall be in writing and shall be 10.01. Anypostage prepaid, if for the either delivered by hand, by facsimile, or sent by United States first class mail, adequate p p TX ntion, 1700 North Congress Avenue, s, addressed AustiSTATE to Deputy 1 1495, FAX: (512)463-5304, and if f f'o Grantee,to it ao his t 444 4th Street, Port Arthur, bygiving 77640- 6450,n,Texas 78(409) address may be changed from time to time by such party g g noticeand FAX:dabove,9eexcept Any party's e as provided that the Premises mer not until notice of such change of address is givenress. as hereino of address of either party shall be binding on thep provided. notice delivered by hand referred above. by in 10.02. For purposes of the calculation of various time periods referred to in thisAgreement, shall be deemed received when delivered to the place for giving notice to a party actual receipt Notices mailedaon the manner provided above shall be deemed aftepl posting as herein provided.upon the earlier to of(i) the signed return receipt,or(ii)three(3)daysp ARTICLE XI. INFORMATIONAL REQUIREMENTS 11.01. A. For newly constructed pipelines, Grantee shall submit to the STATE, within one han red (180)eightys ey days following installation or construction of the Improvements authorized in this Ag CUSTOMER ID:C000000902 6 ME20110107 me pl psf 03 29 2011.doc Rosenbaum and field notes prepared by a surveyor duly licensed by the State of Texas. The as-built survey shall be conducted in accordance with the STATE'S survey requirements attached hereto as Exhibit C. Failure or refusal by Grantee to timely provide the as-built survey when due hereunder and the continuance of such failure for thirty(30)consecutive days after the receipt of the STATE's written notice to Grantee specifying such failure may be treated as a default by dition any other remedy terminate hereunderhisand thSTATE and require may,rmoval of anyope personal property and the Improvements located on in the STATE's sole discretion, the terminate this Agreement q Premises in accordance with Section 9.02 of this Agreement. B. Upon receipt of the as-built survey, prepared in accordance with this Section 11.01, the STATE shall compare the as-built survey with the proposed location of the Improvements,as represented by Grantee's application to the STATE and set forth in Section 2.01 (and referenced Exhibits)hereof. If there are changes or discrepancies in the location of the Improvements authorized by this Agreement,the STATE may either terminate this Agreement,or: (i) upon determination that the changed location results in unacceptable adverse impacts, require relocation of the Improvements to conform to the authorized right of way, or (ii) upon determination of no unacceptable adverse impacts, agree to replace Exhibit B attached hereto with a substitute exhibit denoted as Exhibit B-1. The substitute exhibit shall be consistent with the as-built survey and signed by both parties. Upon attachment of Exhibit B-1 hereto,Exhibit B shall be void and of no further effect. C. If all or any part of the Improvements are buried, Grantee shall submit to the STATE, within one hundred eighty(180)days following installation or construction of the Improvements,a survey which includes coordinates, or at STATE'S option, "depth of cover" data, prepared by a surveyor duly licensed by the State of Texas. The survey shall be conducted in accordance with the STATE's survey requirements attached hereto as Exhibit C. Failure or refusal by Grantee to timely provide the survey when due hereunder and the continuance of such failure for thirty(30) consecutive days after the receipt of the STATE'S written notice to Grantee specifying such failure may be treated as 1 a default by Grantee hereunder and the STATE may, in addition to any other remedy and in the STATE's sole ' discretion,terminate this Agreement and require removal of any personal property and the Improvements located on f the Premises in accordance with Section 9.02 of this Agreement. 11.02. A. Grantee shall provide written notice to the STATE of any change in Grantee's name, address, or legal . status(from a corporate entity to a partnership, etc.)and any change to other information required by this Agreement within thirty(30)days of the effective date of the change. B. Grantee shall provide to the STATE any other information reasonably requested by the STATE in writing within thirty(30)days following such request. C. If any information required to be submitted within a certain time under the terms of this Agreement shall e, after notice not be rt nity received bre, the STATE on or'I'E's discretion,oefore n Grantee may be required to pay then (10) days after the date when uSTATE a"Lateto Grantee and Charge"not to opportunity to cure,then,at STA exceed One Hundred Dollars($100.00)for each day so past due until the date on which the information is received or the Agreement is terminated. 11.03. Except with regard to initial construction/installation of the Improvements and emergencies, prior to conducting any activities at the Premises which may materially impact natural resources in or around the Premises, Grantee shall provide written notice to the STATE describing the proposed activities in detail and any procedures which will be used to protect natural resources. Such notice shall be provided by Grantee tocthe he ctiSTATE mat at leorast sixty (60) days prior to conducting re-burial activities, and at least thirty (30) days prior modification, or other activities. Grantee acknowledges and agrees that the STATE shall have at least twenty (20) days following receipt of the notice to review the proposed activities and to impose specific conditions for conducting such activities which, in the STATE'S sole determination, are necessary to protect natural resources or to mitigate for actual damages to natural resources. If the STATE has not provided notice to Grantee within twenty (20) days following receipt of Grantee's notice,the STATE is deemed to have approved,subject to the terms of this Agreement, the proposed activities to be conducted at the Premises. In case of emergencies, Grantee may undertake all actions CUSTOMER ID:C000000902 ME20110107 7 me pl psf 03 29 201 l.doc Rosenbaum resources, to preventGranthalimminent injury or damage to public health, safety or welfare, and/or to la protect natural Within twenty-four(24)hours following such emergency actions,Grantee ially resources, and Grantee shall undertancies.any such actions as are, in the pipeline industry, or wary reasonable responses to such emerge shall provide notice to the STATE of such actions as hereinabove provided. ARTICLE XII. MISCELLANEOUS PROVISIONS o shall e d a respect to terminology in this Agreement,each number(singulariorn plfural) s Agreement 12.01. sal ll u enumbers,and eachWith gender(male,female or neuter)shall include all genders. Ifany p toA be invalid or unenforceable, such invalidity or unenforceabilityffe shall not affect any other provisions of the Agreement,but such other provisions shall continue in full force li the ther The titles of the Articles in this Agreement shall have o effect f f ct and nn dnshall d shall accrueto limit th a nor amplify of the provisions shall be binding STATE, itsof the successorsAgreement itself.gs, This Agreement and assigns,Grantee,Grantee's successors and assigns(or heirs,executors, administrators and however,this clause does not constitute a consent by the STATE to any assignment by Grantee,as snas the s ea may be); but instead refers only to those instances in which an assignment fers to etheftnstaner cese iprevstrict iously referred to with in Agreement passes, after the demise Articlesto above,and ors in the of a decin eased h title tot Grantee's gra "herein,"aft r the demise this sentence alsocircumstancesGrantee's ll o thellaws of intestate successionndThelis wo dhereof, der," of Grantee,pursuant to Grantee s "hereinafter" and the like refer to this entire instrument,not just to the specific article,section or paragraph in which such words appear• to complain of any Il constitute a waiver as to any breach of any covenantnor conditiondefault of 12.03. Neither tender nor acceptance of any sumscpayable hereunder nor failure by either party aht any action, f ontaianon default ive the other n right for either a prior or subsequent default of thesame hereunder obligationrcovenant,oror contained herein nor a waiver of any of�he rights hereunder. Waiver by the STATE ofany right I Grantee shall not quem te dealt of waiver ofY g or ds such waiver be in signed a any prior or subsequent default of andyeother emed waiged by the othelrtparty remedy of either parts' �I duty or obligation hereunder shall be duly authorized representative of the party. ay as const e TE and 12.04. No provision of this Agreement shall be construed in such a to make theitto the S Gable for tThantdebtsjoint f venturers or co-partners or to make Grantee the agent of the STATE Grantee. indicated time 12.05. In all instances where Grantee is required hereunder to pay any sum or do any act at a particular or within an indicated period, it is understood that time is of the essence.12.06. of its ownership of the Agreement shall only be binding on the STATE during the period Premises, The terms theothise . accruing,but such covenants and obligations shall be binding ' es and in event of the transfer of such ownership interest, the STATE shall thereupon be releasedand discharged , discharged from all covenants and obligations thereafter during the Agreement term upon each new owner for the duration of such owner's ownership. without limitation, any monetary obligation 1 obligations of the STATE and Grantee (including, mhereunder) are for damages. All mtary g for for any breach of the respective Texas.ants, duties or obligations of either party performable exclusively in Austin,Travis tYpaid to be byGrantee Agreement other sums constitute an The ia obligationonof Granteeeto payrf all Consideration Grantee's othernco covenants and duties er under this and except only and the unconditionalon f Grantee tperform performed at all times provided for hereunder, save and not on y independent,abatementereobligationsrdto be provided for in this Agreement when an thereof or reduction therein is expressly Grantee waives es and relinquishes all rights which Grantee might have to claim any nature of lien against, or withho c CUSTOMER ID.0000000902 8 ME20110107 me p1 psf 03 29 2011.doc Rosenbaum or deduct from or offset against, any Consideration or other sums provided hereunder to be paid to the STATE by Grantee. Grantee waives and relinquishes any right to assert, either as a claim or as a defense, that the STATE is bound to perform or is liable for the nonperformance of any implied covenant or implied duty of the STATE not expressly set forth in this Agreement. 12.09. Subject in all respects to Section 12.01 of this Agreement, this Agreement is and shall be subject to any applicable federal or state law, rule, order, or regulation presently or hereafter enacted or adopted to the extent, but only to the extent, that such law, rule, order, or regulation preempts or supersedes STATE's authority to issue this Agreement or to require any particular obligation of Grantee, provided, however, that in the event of a conflict between any provision of this Agreement and any administrative rule promulgated by the General Land Office and/or the School Land Board,this Agreement shall control. ARTICLE XIII. RECORDING 13.01. Grantee shall, at its sole cost and expense, record this Agreement in the Jefferson County Real Property Records and provide a file marked copy to the STATE within 60 days after the recorded original of this Agreement is returned by the county clerk responsible for such records. ARTICLE XIV. ENTIRE AGREEMENT 14.01. This instrument, including exhibits, constitutes the entire agreement between the STATE and Grantee and no prior written, or prior or contemporaneous oral promises, warranties or representations shall be binding. This Agreement shall not be amended, changed, altered, or extended except by written instrument signed by all parties hereto. I + 14.02. This Agreement shall become effective only upon execution by all parties hereto and delivery of a fully Iexecuted counterpart to each party. , l ME20110]07 9 CUSTOMER ID:C000000902 me pl psf 03 29 2011.doc Rosenbaum IN TESTIMONY WHEREOF,witness our hands and the seal of the General Land Office. GRA TOR: THnTEA XAS GRANTEE: CITY OF POR f,:. THUR ' VIVO / / /40 • By: 72,-,..-- l' 'Y E •TTERSON (2 film issio er,General Land Office os s 5'. / ..,4 c.tcl45:7-7 r (Printed Name) Title: Dttt€- TD 0!= n�8-sc 6../Oleg.S Date: 1.944.01` Dale: O$ S•„...r .2.0/( APPROVED: CCP I V Legal: LW Deputy: —... Executive: ACKNOWLEDGMENT STATE OF .(E X A 5 § § COUNTY OF JEFFERs f § IThis instrument was acknowledged before me on the A __ day of J .20 f by.106 G _: E: j�tt2Ee-IVF. os ��t•1�c_- 4c�RKS ._. . , .-Sc'nhd',.SI.riti1 thk. c/tiCtllh1i ftli tY2> . ° '-„i NotaryPublic,State of }C/i-S KAT}+July 1 I.015 ANG r:i1"?-.1 MY COMMISSION EXPIRES �' July19,2015 2015 ;,�, My commission expires: chi L ( 19taoi35 ME20110I07 10 CUSTOMER ID:C000000902 me pl psf 03 29 2011.doc Rosenbaum Exhibit A ME20110107 VICINITY MAP TAYLOR BAYOU, JEFFERSON COUNTY,TEXAS ( : __ 0 / i . a ..1 MAI I - alliMmir, 14 MUist�r 385..----273 b65ii$. yN• pi• f/ . . 1 111 IR_ ' limb. ... ... 2 10 230\ 2ts 1 274 275 �1 uw rt • t r • /r 276 . 812'..)- (1 . -i 1 1 1 i c39 ni.. . 278 ire.41, - Ultrill10 �� / fit ./... : . ,. 286 `xu. ;t 285 284_ 283 t 282. i 280 281 3z _ } a 1 15 1 eneral 6aseme I , 290 291 11 287 288 289 ' 292 \ 1', \♦ir 6 295 122 ° 2 r 30.) 1 -�fh 305 ;+ ra; JEFFERSONli / 123 LR. 300 301 302I 304 ; 2 308 1 1:„.9 V t �# 2 310 . D.MHO sh •'e atp*Md ,,,l,„,,,a 210 ± ,i IIMIIIIIINPIAO 319 140 320 al 322 321 331 333 I 329 330 J. ..mitio11111 Copyright (C}2011 Texas General Land Office,ESRI 0 1 m -- Exhibit B ME20110107 • _RECORI DRAWING -.....„.4_, VERIFIED BY. . 0 . 900 DATE: S� -// •• ' naoo TAYLOR'S 2O44/O PtUV (Pa) BAYOU K,NDER .0'wul g.iY t .; " /I (3; c? / �+"•uf' s.k.g7 � � T• WO 1 h 12 Co `a 1L3• aisr.1s'ROPe® I ��= c� •.`.� + _ ' iMorii,E wt — IAl MAL DIIK a., l -- - .be---- -,9;`11•■■■- ,may -F37'.lc I— XM)E MORGA' I EWN 12'WOE- a� IQ \ •• N-13891671.93 MUM MI cli, E-3561389.73 '2 N-13891260.80 E-3561468.48 a*mums WORNIxti MUM . E WY RUT HAVE M MEY. OWED M Ni ON OVUM SIRF_Y. 0 77 160 e ■■M - WORIMEMENNIMMEOMMIMMUMBINEMMEMMEMEEI n■■■ e■■■ ■ ■■■■■■■■■■InFiaN■■■■EN1t111111111n■■■■■■II ■ U■■■■■■■■■■■■■■■SWMME■■i e■ Ee=-- MEEMME■■MEMM■M■ENNUEMEllmmmmwmE■■Anin I1111111111111111111111111111111A . OM , ' ''cg:..... ,' � ', _''Y.. A d,a.... .)HOD.ES . 9� , O� UR �. ' PORT ARTHUR EXHIBIT gi \� / S.H.87 SOUTH WATER SYSTEM IMPROVEMENTS ! ® ARCENEAUX de GATES 2 ARCENEAUx CvAin.l ns n , Iaa EXISTING WATER LINE BORE EXHIBIT Enlnaen qon Pl�rulen GATES , 9801.T u.Q..3,D7...ewte IC: PORT ARTHUR, JEFFERSON COUNTY,TEXAS �ICooHQRc P.rc=r421-1110"642 DATE: MAY 2011 SCALE: 1"=200' DRAWN: A.R.C. c PROJ. No.: CPA-420 DESIGN: K.X.C.. CHECKED: J.M.W. Instructions For Preparing Exhibits Exhibit C For The Following ME20110107 General Land Office Applications: Miscellaneous Easements(Pipeline) Maps(or plats)showing the location of proposed and as-built projects on state-owned lands are required as part of the General Land Office(GLO) application process. The following instructions arc to be followed when applying for new work(proposed project), or for reporting as-built conditions for a previously approved project, when the activity is a Miscellaneous Easement (Pipeline)on state land. The information specified below represents minimum requirements of the GLO and additional information may be requested on a project-by-project basis to facilitate a full evaluation of the proposed activity. The information should be submitted along with the required application form and processing fees. Each map or plat must conform to the specifications contained herein. An application is not considered complete,and processing of the application will not be initiated,until all information requested has been submitted and GLO staff has determined that it is adequate. NOTE: Surveys and survey plats required by other entities,Federal,State,County and/or City,are PERMISSIBLE and USABLE for GLO applications provided they meet the following requirements. IF SUBMITTING SURVEY PLATS•DIGITALLY,PLEASE PROVIDE THE INFORMATION IN ONE OF THE FOLLOWING FORMATS: 1. In an ESRI format (i.e.Shape file, EDO,or Geodatabase) 2. AutoDesk Map 6 or earlier version in a DWG format. 3. And Projection Information of the data set submitted. A. GENERAL INSTRUCTIONS for ALL APPLICATIONS: 1. Each map or plat should be 8-1/2"X 11". 2. A one-inch margin should be left at the top edge of each sheet for binding purposes. 3. Any shading used to identify specific areas must be reprodtcible by ordinary copy machines. 4. Each map or plat submitted must have a title block identifying,at a minimum:(a)applicant name;(b)applicant address; (c) project name;(d)date of preparation;(e)name of preparer,and(f)project location as follows: (I) if on state-owned uplands, then provide county, survey name (original grantee)and, as applicable, survey or section number,block number,township number,subdivision name,lot or tract number,and abstract number; (2) if on submerged land,then provide county,waterbody name,and state tract number;. 5. The scale for each map or plat must be clearly indicated both digitally and by graphic scale. 6. Vicinity Maps-- Exhibit A for each project application must be a Vicinity Map showing the general location of the proposed work. The Vicinity Map must be produced using either a U.S.G.S. 7.5 minute Topographic Map, a Texas Department of Transportation County Road Map,or navigation chart as its base layer. The project location should be indicated by a prominent arrow on the map. An 8 1/2"X 11"Xerox copy from the original Topo, county map,or navigation chart showing the project location is sufficient. It is not necessary to submit the entire Topo or county map,so long as the map is appropriately identified as to the origin of the base information(e.g.,name,and date of base map information used). This is most easily accomplished by copying the legend of the base map and making it part of the Vicinity Map. 7. Project Site Map--Exhibit B for each project application should be a Project Site Map(in Survey Plat format)which provides specific project location information. The Project Site Map should be produced at sufficient scale and detail to enable field inspectors to locate the project on the ground with minimal difficulty. Demographic features such as road numbers,stream names, — railroad crossings,corporate city limits,and other prominent locative features should be included on the Project Site Map. The project location should be indicated by a prominent arrow on the map and a North arrow must be provided. Annotation may be included on the map regarding distance of the project from known points(e.g.,highway intersections,road stream crossings,etc.). Additional guidance for preparing Project Site Maps is provided in Section B of this document. 8. Detailed Project Plan -- Exhibit C for each project application should be a Detailed Project Plan,consisting of an aerial plan- view drawing and a cross-sectional drawing of all proposed or existing structures on state-owned lands at the project site. Page 1 of the Detailed Project Plan should contain,at a minimum: a. Location of the shoreline or banks if the project is on or adjacent to tidally influenced waters or crosses a state-owned river,stream,creek,or bayou. b. The direction of ebb and flow if in or adjacent to tidal waters,or the direction of water flow if the project crosses a river,creek,stream,or bayou. c. A North arrow. d. The location of state tract lines(on tidally influenced lands),survey lines,or property lines,as applicable. e. The location of any marshes,submerged grass flats,oyster reefs,mud or sand flats,or other sensitive natural/cultural resources known to exist in the project area. f. The lines of mean high water and mean low water when applicable. g. The Detailed Project Plan cross-sectional drawing must include notation as to the outside diameter(OD)of all pipelines covered by the easement,and the relationship of the pipeline(s)to any other pipeline(s)in the immediate vicinity. h. The registration,easement,or lease numbers for any structures at the site previously authorized by the GLO(available from GLO field offices upon request). i. Any applicable Corps of Engineers application numbers covering the proposed work,as soon as that application number is available,but,in any event,prior to issuance of the easement. Page 2 of the Detailed Project Plan should contain,as applicable,an explanation of construction methodology,techniques,and ' equipment that will be used at the site. j, I 9. As-Built Survey-- A survey showing the depth of burial must be furnished for all projects on state-owned tidally influenced lands(Gulf of Mexico, bays, estuaries, etc.), crossings of state-owned rivers/streams/creeks/bayous. The survey shall show plan view only for projects on state-owned upland tracts. Failure to provide this information is,by terms of the state contract,grounds for termination of the easement and removal of the structure from state.owned land. New Pipeline Installations: Each application for installation of a new pipeline must include with the application a profile drawing showing the proposed depth of burial at not fewer than 36"below the surface. GLO will issue an easement using the proposed ROW and depth of burial information. Following installation of the pipeline, however,the applicant is required by terms of the GLO contract to provide a survey of actual burial depth measurements for that portion of the ROW length occupying state-owned land. The spacing between depth-of-burial measurement points is a function of the length of ROW. If the easement length is less than 500 feet,the depth of cover of the structure and waterway bottom elevation shall be determined at intervals not to exceed 50 feet. If the easement length is greater than 500 feet but less than 5,000 feet the interval between measurement points shall be 100 feet. Easements greater than 5,000 feet in length shall be surveyed at 250-foot intervals. All work shall be performed under the supervision of and sealed by a registered public land surveyor. All submitted drawings must be sealed by the supervising registered public land surveyor. All elevations must be referenced to a common datum (Mean Sea Level,National Geodetic Vertical Datum,Mean Low Water,etc.)and grid coordinates must reference Texas State Plane coordinate System of 1927 or 1983. The accuracy of the waterway bottom and pipeline elevations shall be+/-one-half (.5')foot for the waterway bottom and+/- one-half(0.5')foot for depth of burial less than or equal to 10 feet and+/-fifteen (15%)percent for depth of burial greater than ten (10)feet. Manual probing and electronic means(both active and passive) of survey type shall be acceptable for depth of burial determinations. Existing Pipelines: At time of renewal of a contract for an existing underground pipeline easement, provide the data as required under Section 3.02.(iv)of this easement contract. 2 CERTIFICATION BY A TEXAS REGISTERED PUBLIC LAND SURVEYOR IS REQUIRED ON ALL OF THE FOLLOWING WITH THE EXCEPTION OF DIRECTIONALLY DRILLED WELL BORE LOGS. B. SPECIFIC INSTRUCTIONS: Maps or Survey Plats to be submitted as the Project Site Map and/or the Detailed Project Plan(see A7 and 8 above)must contain the information described below. Upland survey data should be reported to normal boundary land surveying minimum standards. Offshore or submerged sites shall be located to a specified accuracy of +/- 5 feet of any reported location. 1. Projects located on Tidally Influenced State-owned lands (Including the Gulf of Mexico, bay tracts, and the tidally influenced portions of rivers,creeks,streams,and bayous): Coordinates must be provided at the beginning and ending points of the ROW's centerline,or on the principal point or points of tracts described by other means(directional well bores, etc.). These coordinates must be based on the Texas State Plane Coordinate System of 1927 or 1983. Courses and distances must be specified as either grid or geodetic for all centerlines and perimeter lines, and ties must be made from specific improvements(e.g., well heads, platforms,pilings,etc.)to a corner or corners of the lease or easement tract. All submerged state land tracts crossed by any part of the ROW must be shown and identified, and the points of each ROW crossing of a state-tract boundary identified in the Texas State Plane Coordinate System of 1927 or 1983. The distance between crossings of a state-tract boundary must be indicated in both feet and rods on the plat. As-built plats(and confirmation surveys at time of renewal)must give bearing and distance between angle points along the easement route. In the event no angle points exist along the course of the ROW, the plat shall provide a minimum of one identified point for each 1,000 feet of ROW length. A ROW less than 1,000 feet long but greater than 500 feet in length requires one mid-point to be identified on the survey plat. 2.Projects Across State-owned Upland Property,or the state-owned portion of a river,creek,stream,or bayou above the limit of tidal influence: a. Upland Tract(State Fee Lands): For new project applications, information provided for projects on state-owned upland tracts shall include the beginning and end points of the easement centerline,identified by coordinates on the Texas State Plane Coordinate System of 1927 or 1983, and shall include course and distance of all segments of the proposed easement centerline. Course and distance from one end of the easement to the nearest survey corner or subdivision survey corner shall be included, along with the survey name (original grantee), and as applicable, survey or section number, block number, township number, subdivision name, lot or tract number,and abstract number of all surveys abutting the easement. At completion of construction,or at time of renewal,an as-built plat or confirmation survey(which ever is applicable)must be submitted. This plat must give bearing and distance between angle points along the easement route. In the event no angle points exist along the course of the easement route,the plat shall provide a minimum of one identified point for each 1,000 feet of length. For easement routes fewer than 1,000 feet long but greater than 500 feet,one mid-point shall be identified on the survey plat. b. Crossing the State-owned portion of a river,creek,stream,or bayou above the limit of tidal influence Information provided for projects crossing non-tidal state-owned rivers, creeks, streams, or bayous shall include an identification of the stream or water body by local and any other names known(historic, from topographic or other maps, etc.). In addition,the beginning and end points of the easement centerline,identified by coordinates on the Texas State Plane Coordinate System of 1927 or 1983, and shall include course and distance of all segments of the easement centerline. Course and distance from one end of the easement to the nearest survey corner or subdivision survey corner shall be included,along with a cross section or profile of the crossing between the top of the high banks, survey name (original grantee), and as applicable, survey or section number, block number, township number, subdivision name, lot or tract number, and abstract number of all surveys abutting the easement. 3 Exhibit "B" (Easement Nos. ME20110108) State of Texas �$AL Texas General Land Office Application for State Land Use Lease 1 Easement No. ME20110108 Miscellaneous Easement/Right-of-Way - Renewal, ./ Assignment, or Amendment Grantee/Official Company Name/Applicant ❑ Authorized Agent ❑Company Contact Company, Partnership, Individual or Trust Name Individual, Company, or Consultant Information City of Port Arthur ailinAgent/Company Contact Send contracts to Agent/ Mg PO Box 1089 ddres (Title, First Name, Last Name,Salutation) Company Contact Ronald Burton City Port Arthur State TX Zip Code 77641 Work# 409-983-8101 Mobile # Work # 409-983-8101 Fax # Street Address 444 Fourth Street Country Website Email City Port Arthur State TX Zip Code 77640 Country Email ronald.burton@portarthurtx.gov ****Please Note:For Oil and Gas-Related Pipelines ONLY Type of Business and State of Incorporation of Grantee there is the option for a 10 year or 20 year term*** Select Term 110 Year Term l c 20 Year Term Type of Business Municipality Operator If LP, Name Of GP Operator Contact State of Incorporation Texas Operator Phone Number Tax Id # 74-6001885 Email Please note what is being amended and if this for an RRC T-4# (Copy of permit if available) assignment,you must include the GLO Easement Numbers on the Bill of Sale. List the easement numbers Last Safety Evaluation # (if available) being assigned here as well or use this section to include any additional information: System Name Renewal of Year Built Interstate ❑ Intrastate ❑ ME20110108 Is the area Pooled/Unitized? Yes ( No ❑ Is the pipeline operating and used for the original purpose stated in original Yes ❑ No ❑ contract? If no, what is the purpose or is the line inactive? If inactive pipeline in a Bay area see Bay Pipeline Policy. For assignments,the assignor and assignee must each fill out and submit an application. Also,send one copy of the executed Bill of Sale Signature of Applicant/Agent either by attaching it to the email that is created when you click the "Submit by Email" button or by mailing it to the Texas General Land Office c/o Right-of-Way Dept., PO Box 12873,Austin TX 78711-2873. We will Name (please print or type) issue an assignment contract for all parties to sign once we receive all requested information. Fees are located at the bottom of the next page. Date Information collected by electronic mail and by web form is subject to the Public Information Act,Chapter 552,Government Code. Print Form Submit by Email Miscellaneous Easement Regions Map "- a lahlib r _a il IMO 1111L911 ki..., .., 1111151111 #3.#111 ‘`' 111111.6 ,----(- / IIIII 111111111111*#4 =no. 0 4N111 1111111611111, 7" ' i 20.1 <_. :. mbilpiliorwr ' ''' ''''---- Gulf of Mexico The boundary between Regions 1ii ., Three Marine and 2 is the line separating state League Line bay tracts from state gulf tracts as shown in the GLO Submerged Land Inventory. General Land Office Rates for Oil&Gas Related Pipelines General Land Office Rates for Electric Power Lines All rates based on price per rod(1 rod=16.5 feet) All rates based on price per rod(1 rod=16.5 feet) 10-Year Term 10-Year Term Size Region 1 Region 2 Region 3 Damages Non State Base Rate(per rod) Oil&Gas Power Line Damages Capacity Region 1 Region 2 Region 3 (per rod) Upto13" $17 $30 $24 $21 $150 P y >13" $43 $70 $57 $29 $150 <69 KV $18 $30 $24 $12 20-Year Term 69-137 KV $30 $42 $36 $18 Up to 13" $23 $41 $32 $21 $205 138 KV $54 $66 $60 $20 >13" $60 $96 $78 $29 $205 >138 KV $78 $90 $84 $24 Minimum consideration for a 10-year pipeline contract is$800 and$1,600 Minimum consideration for a 10-year electric easement is$1,202. for a 20-year pipeline contract. Minimum fee for damages on new Minimum fee for damages on new easements is$200. Fees are$350 per easements is$200. Fees are$350 per event of application,renewal,or event of application,renewal,or amendment. Assignment fees are$350 amendment.Assignment fees are$350 per assignment. See notes below. per easement. See notes below. PLEASE NOTE: PLEASE NOTE: 1.All charges are per line,per crossing. 1.Rates for ROW easements over,across or under PSF acquired properties 2.Rates for PSF acquired properties and properties within a municipality or and properties within a municipality or its extraterritorial jurisdiction are its extraterritorial jurisdiction are negotiated. negotiated. 3.Damages are charged per rod and are applied to new easements only. 2.Damages apply to new easements only. 4.Damages will not be assessed for lines that are directionally drilled/bored 3.Damages will not be assessed for lines that are directionally drilled/ under State riverbeds,creeks,etc. bored under State riverbeds,creeks,etc. 5.Base rate may increase annually(but not decrease)September 1 each 4.Base rate may increase annually(but not decrease)September 1 of each year by the Consumer Price Index for all Urban Consumers(CPI-U). year by the CPI-U. The State of Texas y_ r,�. M� 0.11 a r 1 if r „z:„_,_.,,___,.. eo � Austin,Texas 2-1 1 r7c MISCELLANEOUS EASEMENT r (PIPELINES) cixiol 1 ME20110108 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This Miscellaneous Easement (the "Agreement"), ME20110108, is granted by virtue of the authority granted in Section 51.291, et seq., TEX. NAT. RES. CODE, 31 TEX. ADMIN. CODE §13.12, et seq., and all other applicable statutes and rules,as the same exist on the date hereof or as they may be amended from time to time. ARTICLE I. PARTIES 1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the STATE OF TEXAS, acting by and through the Commissioner of the General Land Office, on behalf of the Permanent School Fund, (the "STATE"), hereby grants to City of Port Arthur, whose address is 444 4th Street, Port Arthur, TX 77640-6450, phone number (409)983-8226,(the"Grantee"), a non-exclusive easement for the purposes identified in Article V. ARTICLE II. PREMISES 2.01. The easement is located across Permanent School Fund land in Jefferson County,Texas,described as follows: Taylor Bayou and the easement is a right-of-way 18.9 rods long and 30 feet wide, being 15 feet either side of a centerline formed by the Improvements (as hereinafter defined), as constructed (the "Premises"). Notwithstanding the foregoing, during the period of initial construction not to exceed 120 days, the easement width shall be 100 feet wide, being 50 feet either side of the centerline instead of the easement width mentioned above. In addition, if repair and/ or replacement of the waterline is necessary, for a period not to exceed 60 days,Grantee shall again be granted additional easement width which shall be 100 feet wide being 50 feet either side of the centerline. The Premises are further described or depicted on the Vicinity Map attached hereto as Exhibit A and the Survey Plat attached hereto as Exhibit B, collectively incorporated by reference for descriptive purposes. 2.02. Grantee acknowledges and agrees that when the Improvements (as hereinafter defined) are placed on the Premises, the location of such Improvements within the easement shall thereby become fixed at such location and shall not be changed'except by an amendment to this Agreement signed by both parties hereto and subject to any approval by any other governmental agency with jurisdiction over same. ME20110108 I CUS l OMER ID:C000000902 me pl psf 03 29 2011.doc Rosenbaum ANY AND OF THE PREMISES T2.03. GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHICHICCONDITION. THE STATE DISCLAIMSD ACCEPTS ANY THE SAME"AS IS",IN ITS EXISTING PHYSICAL AND TOP AND SET FORTH IN THIS AGREEMENT. THE STATE AND GRANTEE AT THIS ALL WARRANTIES OF HABITABILITY, MERCHATABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, ' OTHER EWARRANTYWHATSOEVER NOT EXPRESSLY AND/OR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO GRANTEE HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE TERM "GRANT" IN NO WAY IMPLIES BJECT CO ANY THATEASEMENTAN IS FREE A LIENS,ENCUMBRANCES RNMB AND GRANTEF.TAKES THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD, 1700 NORTH CONGRESS AVENUE,AUSTIN,TEXAS 78701- 1 , SUCHES PRIOR GRANT AND/OR ENCUMBRANCE. GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS llIVISION OF THE GENERAL LAND OFFICE, UNTIES IN WHICH THE PREMISES 495 AND ALL OTHER LAND TITLE RECORDS OF VIVE XPIRAUNTY OR TON OR F,ARLIERTERMINATION OF THIS LOCATED. THE PROVISIONS OF THIS SECTION SHALL SUR EASEMENT. ARTICLE III. TERM 3.01. This Agreement is for a period of ten (10)years, beginning on May 1,2011, and ending on April 30, 2021, unless renewed,amended,or sooner terminated as authorized by law or as set forth herein. I; complied with all provisions of this Agreement, Grantee shall have the right to extend Provided that Grantee has to 31 TAC §13.17(c)and(d)for an additional like term based on the then I Agreement pursuantthe following actions: rrn and renew this bytaking current rate schedule and on the terms and conditions provided hereunder, the Agreement not less than ninety(90) (i) providing written notice to the STATE of Grantee's intent to renew g days prior to expiration of the term of this Agreement;and da tom Meting and submit to the STATE for approval, an application for renewal within thirty (30) days (ii) 1 following the notice provided in Section 3.02(i);an in the appd licable renewal fee,pursuant to the rate schedule in effect at the time of renewal;and (iii) paying approved of the ll providing documentation showing the current location at the pipeline(s) 1ie11within the is mentatio that such (iv) providedPremises. inchde spatial ordinbtes sufficient od to the U.S.Department of Transportation,p Such informationntatinlud sbin the currentforin providedhe Granted documentation includes the location and aP'elast twenty (20) years (an t°o"older pipeline"),foregoing,° this e provided that the pipeline has been in place for may, in lieu of providing such actual dimensions and spatial coordinates, satisfy the requirements by a ofessional gineer states that the subsection (iv)by providing a certified written statement can notrascertain the depth hand/or location engineer, despite having employed best efforts to do , records u elide from in 1Graurtee's possession relating touon. Any erther the actual coordinates a such existinglop p statement shall oor include any agrees to ers or i elide,Grantee dimensions or spatial coordinates of hoc mon coordnnates of ants. If oantee,lderpap any time, later discovers nd/or it such documenes thetation actual bto depthE. either Agreement, both STATE and Grantee will enter into such documentation to STATE. If either STATE or Grantee determine that an older pipeline is not locatedy an located within the right of way described inprovided such of amendment to this Agreement to correct the right of way description p nify STATE descant to right of way is of is State-ownedifnome or all of the ImprovIn any event, emente s area otrlocat d on State-owned land. Agreement even if s S he3.reunder; Ine the event that Grantee shall fail to comply with the requirements tinnce02,, such teeilurel be indefault a hereunder; however, the Easement shall not terminate until STATEprovides period tY of this (30)days for Grantee to cure such failure and default.t. a forfeiture of any right Grantee may have tc Grantee's failure to comply with Section 3.02, even if subsequently cured to STATE's satisfaction, shall deemed CUSTOMER ID:C000000902 2 ME20110108 me p1 psf 03 29 2011.doc Rosenbaum renew the Agreement at a reduced fee. STATE may require (i) the full then-current fee as calculated for ea easent, or, (ii) the applicable renewal fee pursuant to the rate schedule in effect at the time of renewal, plus administrative penalty as determined by STATE. ARTICLE IV. CONSIDERATION AND TAXES granting, orif a licable, renewal of this easement, Grantee 4.01. A. As consideration (Consideration) for the g g� PP to paythe STATE(payable to the Commissioner of tupon e General executiond of etat Austin,Texas)the sum of One agrees Thousand And 00/100 Dollars($1,000.00),due and payable p of Grantee to make a payment on or before the date the B. Past due Consideration and other past due payments shall bear interest as provided in TEX. NAT. RES. CODE Section 51.301,as amended from time to time. Failureoperiod of e same becomes due shall be deemed an act of default and, at thGrantee'Spee of such default and allow a become due and payable immediately;provided,however,STATE shallgive thirty(30)days within which to cure the default before exercising such option to accelerate such payments. Grantee shall pay and discharge any and all taxes, general and special assessments, 4.02. In addition to the above, Bement may be levied on or assessed against Grantee's interest in and other charges which during the term of this Agr . I` the Premises or on the Improvements constructed thereon. interest thereon, and from any sale or other proceeding to 4.03. Grantee agrees to and shall protect and hold theSTATEharmless from liability for any and all suchtaxes, ' charges, and assessments,together with any penalties and enforce payment thereof. ARTICLE V. USE OF THE PREMISES 516 inch Grantee and Grantee's employees,contractors, and tlhe lsizehave ofthe relocatc�and replacePremises one (1) a right- of-way ig or o.01. operate, inspect, repair, change waterlineterli (the"Impr maintain, eline not to to ial respectsor "Improvements"). Grantee shall not change (i)the operation of the pipeline in any mabeterial (ii) the category of products therein, without STATE'S written permission, sreasons uch permission ly withheld. It shall not be unreasonable for STATE to wdrhtedld Also,its it shallnsent rnot be unheasonable,for STATE request e wr ofproducts to be transported.for: a change in the category providing proof to STATE of adequate insurance to protect Premiseseitsn (b)consent on Grantee )additionaldand p g fiber n optics and but not flow. and (b) charge fees for(i) pipelines,and (ii)changes in use operation, including not limited to, agcontemplated bythe Agreement,e.g. to, a use separate and apart from the original use da s following Grantee's request for a category use STATE agrees to grant or deny such permission within thirty(30) y change,provided such request includes all information necessary for STATE to make an informed decision. of ingress and.02. The STATEm andhGrantee acrossereby acknowledge or adjacent Permanent School Fundree that each shall have rland ori landowned withthey and egress and from the Premises hicontiguous Grantee, provideduse of its property. At its sole cost, risk, and expense, in the exercise of this right the STATE and Grantee p grpee not to unreasonably interfere other party's (or that party's agents, assignees, or designees) y not Grantee shall have the right of ingress and egress for the purposes authorized to b Sectionordinate 5.01 Land such contiguous rihtis t granted for any other purpose. Grantee and the STATErespectively,and to exercise such right of use only parties the the lands and for the adjacent Permanent School Fund land or land owned by Grantee, in other revisions to the to the extent and in the mannerprovideaccesss to and from y the rthe iPrem Premises. Notwithstanding any P length , no easement necessary to p license is contrary, no is created by this Section 5.02; ndsteud,ores set forth herein,d to the parties and their respective ry officers,employees, agents and contractors for the rmrt p CUSTOMER ID:C000000902 3 p,1E20110108 me pl psf 03 29 2011 doe Rosenbaum B. Grantee acknowledges and agrees that the STATE'S right of ingress and egress described in Section 5.02.A.of this Agreement shall be and remain in effect as long as the Improvements and any other structure placed on liabilityagainst STATE arising in connection with the the Premises by Grantee remain on the Premises,as necessary for theSTATEto confirm the removal(in whole or'ion in part) ve the Improvements,are finally res and/or until any claims survive the claims for liability Improvements are finally resolved. Such right of ingressand gemain on the Premises and/or expirationany earlier termination P as the Improvements of this Agreement,but only for so long P have not been finally resolved. 5.03. A. Grantee's use of the Premises is subject to and contingent upon compliance with the following covenants, obligations and conditions(the"Special Conditions"): d repair 1, Grantee is responsible for maintaining all structures a tand federal regulations govergovernzed under this contract in ing such and safe condition,and in compliance with allexisting state work. 2. If a leak occurs in a pipeline, Grantee shall take all immediate action to prevent further release, as comports with industry practice or complies with applicable regulatory requirements. 3. Grantee is required to perform mitigation and/or pay surface damage fees according to the STATE'S policy in effect at the time damages occur for anyue naltsurface of thigeasemees t resulting from actions If mitigation ofs Grantee's employees,contractors, and/or age g required Grantee will be notified in writing by e STATE of anon and/or l payment of damage feese tcrms and conditions d shall whichbe the mitigation shall be conducted. Such g performed in the manner and within the time frame specified in written notice provided by the STATE to Grantee following said damages. , Grantee shall ovide B. Prior to any construction, installation, repair, or other aeItes on the activity to anyscontractor and/or agent involved noticenof allc the terms of this Agrerequest, Grantee shall send a particularopy of such notice to the General Land Office, involved in any such activity. On request, ATTN:Asset Inspection, 1700 N.Congress Avenue,Austin,Texas 78701-1495. purpose deemed,in 5.04. STATE shall have the right to use or to permit the use of any or all of the Premises for any pur P STAy atives TE's sole discretion, not to be inconsistent with Grantee'seaaseamant grant. STATE, its s agentsany time, res aae of andd eemployees shall have the right to enter upon the r ose necessary to protect STATEs Interests there emergency)for purposes of inspection,repair, and any other purp of the public, the environment, or value of STAsuch Except in the event of an emergency, in which case no notice is required by STATE, if STATE reasonably bieves P protect the health and safetyenvironment, the STATE gives thatere, Sirisnecessaryteo property, STATE shall give Grantee reasonable prior written notice of the necessary b STATE notice, and Grantee does not initiate immediate repair, allo costs of whichursue to letion shall bech repair with immediately dueand payable, Y may,but shall not be obligated to,undertake thatPproviding a mechanism for STATE to protect the rovi and/orgat for such Grantee on STATE'S demand. This Section 5.04 is for the sole purpose ofp gpublicand respond to a situation in which immediate action is required to immediate action has not been initiated by or on behalf of Grantee. purpose. Grantee shall comply,and will 1 with all applicable laws, comply, , will 5.05. Grantee shall not use,or permit the use of the Premises for any illegal les, cause its officers, employees,agncics concerning use of the Premiseents,contractors and invitees to comply, ,P Y� and regulations of governing agencies 5.06. Failure by Grantee to construct,maintain and o P defined under TEX.NAT.RES.CODE §51.302 and subject serate the Improvements in accordance with this Article may render such Improvements "unauthorized structures" a them to sanctions provided therein. CUSTOMER ID:C000000902 4 ME20110108 me pl psf 03 29 2011.doc Rosenbaum ARTICLE VI. ASSIGNMENTS le or for 6.01. A. Grantee shall not assign the premises or the rights whi chi ted sentrmay not, in obe unreaso ably withheld. party For any purpose without prior written consent of the STATE, subsidiary or affiliate in which Grantee purposes of this Section 6.01 A,the phrase rrd partyor the, shall not include any largest plurality percentage,vot ng interest. owns,respectively,at least a majority percentage, without STATE'S consent to (a) a parent entity, (b) any affiliate of B. Grantee may assign this Agreementsubsidiaryny or affiliate in which Grantee owns, respectively,at Grantee controlled by the same parent entity,or(c)aercenta a tin interest,provided that, in any of the foregoing least a majority percentage, or the largest plurality p g � g events, (i) the resulting entity agrees in writing of any such assignmeltto assume and perform aof hwithin tharty (30) days of such conditions of this Agreement, and (ii) Grantee provides notice to STATE assignment. In the event of such assignment, it is ds ead provid nd agreed reothe by bAgroth Grantee and STATE that the original Grantee remains liable to STATE under a C. Any assignment which fails to comply with the foregoing provisions shall be void and of no effect. D. This provision and the prohibition against unauthorized assignments contained herein shall survive expiration or earlier termination of this Agreement. For dpurposes of this Agreement, g e rights, an nherein granted is any transfer, p including by operation of law,to another of all or part ofproperty, ARTICLE VII. PROTECTION OF NATURAL AND HISTORICAL RESOURCES prevent 7.01. With regard to all activities authorized herein, Grantee shall use allreasonable ond eebest efforts salt: (i) prs ent pollution of air, ground, and water in and around the Premises,and(ii) protect nd responsible for the protection and preservation of public lands wildlife habitat. Grantee shall comply with allpplicable rules and regulations of the General Land Office, the School Land Board,alando oicesr, governmental agenciesp incident sother and waters, natural resources, and wildlife a Land Office tat. In the event ortheRailroardeCommissiont of reportableTexas (ort ante Department of Transportation, the GeneralGrantee shall notify applicable regulatory agency)that may result in pollution of the Premises or adjacent property, the STATE immediately upon discovery of such incident, use all means reasonably available to recapture any pollutants which have escaped or may escape,and mitigate for any and all natural resource damages caused thereby. 7,02. GRANTEE IS HEREBY EXPRESSLY NOTIFIED OF THE NATIONAL HISTORICAL AND THE ANTIQUITIES CODE,TITLE 9ACHAPTER 191,TE . TION ACT OF 1966, (PB-89-66,80 STAT.915, 16 U.S.C.A.SECTION 470,ET.SEQ.) NAT.RES.CODE'. IN CONFORMANCE WITH THESE LAWS,IN THE EVENT THAT ANY SITE,FOUNDATION, 191,BUILDING, STRUCTURE, LOCATION, OBJECT, ARTIFACT, ITEM OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, AND THE EDUCATIONAL,CULTURAL OR HISTORIC INTEREST T IRATELY CEASEANYD ANDRING ALLTHE ACTIVITIES,IES AUTHORIZED BY TIIiS EASEMENT, GRANTEE SHALL IMMEDIATELY PO NOTIFYBO12276,E COMMISSIONER 78711,THE THAT APPROPRIATE ACTION MAY BE UNDERTAKEN TO PROLAND OFFICE AND THE TEXAS HISTORICAL TECT OR RECOVER SUCH AUSTIN, TEXASSO THA EMPLOYEES, DISCOVERIES OR FINDINGS,AS APPROPRIATE. IN THE EVENT THAT GRANTEF.IGS�REQUIRED AGENTSSE ACTIVITIES, THE STATE SHALL NOT BE LIABLE FOR ANY COSTS OF GRANTEE, CONTRACTORS,SUBCONTRACTORS OR ANY OTHER PERSON ORASHNTITY EIAS A CONTEMPLATED. TOF ANY INTERRUPTION OF GRANTEE'S ACTIVITIES OR INABILITY TO USE THE PREMISES ARTICLE VIII. INNDEMNITY 8.01. TO THE EXTENT ALLOWED BY TEXAS LAW,GRANTEE OR ATTRIBUTABLEHALL BE FULLY GRANTEE'S USE GRANTED EE S DAMAGE, OF ANY NATURE, ARISING OR RESULTING F HEREIN OR THE ACTS OR OMISSIONS �NTEE, ITS GRA►N1'F.EAAGREES TO ANDGENTS OR TSI A1-.LRINDEMNIFY AND HOLD THE EXERCISE OF THE RIGHTS GRANTED HEREIN. CUSTOMER ID:C000000902 5 ME2011010$ me pi psr 03 29 2011.doc Rosenbaum I STATE,THE STATE'S OFFICERS, AGENTS,AND EMPLOYEES,HARMLESS FROM AND AGAINST CLAIMS,SUIT,COSTS, TRICT LIABILITY LIABILITY OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMIT AND WITHOUTREGARDTO CAUSE OO Y'S THE FEES AND COSTS OF INVESTIGATION OR EXPERTS, OR CONTRACTORS) DAMAGE OR THE NEGLIGENCE OF ANY PARTY, STATE'S OFFICERS�AGENTSNT OF HEMPI EE MPLOYEES, NEGLIGENCE OR WILLFUI. MISCONDUCT OF TIIF. STATE, ING ARISING DIRECTLY OR INDIRECTLY FROM OR ATTRIBUTABLE REACH USE F1'HF. TERMS,iSES COVENAN'IS OR ANY ADJACENT OR CONTIGUOUS LAND) OR FRU CONDITIONS CONTAINED IIEREIN. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. ARTICLE IX. DEFAULT,TERMINATION AND EXPIRATION fying an act of fault or ch, 9.01 If,within thirty(30)days after receipt of written noticein breach of any term oricondition of thseAgreementathe Grantee fails to pay any money due hereunder or continue STATE shall have the right to terminate this Agreement and all rights inuring to Grantee herein. Should Grantee fail to cure the specified default or breach within the allowed thirty (30) day period, this Agreement shall be subject to erein Grantee shall revert to the A . Such • termination, and upon such termination all rights granted ollect o money due or to seek recovery any claim termination shall not prejudice the rights of the STATE toany ' arising hereunder. I from state 9.02. Except as otherwise provided by applicable law or rule and subject to obtaining necessary approval deral ore agencies having applicable jurisdiction,or making best efforts to obtain such permits,Grantee initiate ha ,within moval one hundred twenty(120) days from the date of expiration or sooner termination of this Agreement, yl of all personal property, structures, and the Improvements,on that existed lbefooeeGrantee entered thereon. Suchthe pemoval affected by such removal activities)to the same coed ithout limitation, specific removal techniques required for and restoration activities shall be coordinated with the General Land Office in accordance with guidelines in effect at the time of removal/restoration which may include, protection of natural resources and mitigation or payment in lieu of mitigation for any and all damages resulting rom days beforeincommencingrs removal activities, all of which shall be in accordance with STATEaIat leastt ten ed u(10) pipeline industry standards using available technology. Grantee shall notify th removal/restoration activities so that a General Land Office field inspector may be present. ARTICLE X. NOTICE 10.01. Anynotice which may or shall be given under the terms of this Agreement shall be in writing and shall be re aid, if for the his attention, 1700 North Congress Avenue, either delivered by hand, by facsimile,or sent by United States first class mail, adequate postage p STATE Austin,Texas Deputy Commissioner,FProfessional 463-5304, and if for Grantee,oto it at 444 4th Street, Port Arthur,TX 77640- 6450, and FAX:787(409) 983-8254.FAX: ( ) address may be changed from time to time by such party by giving notice and dabove,except Any party's ress. No change notice as provided except that the Premises may not be ni�notice of such change of addlesd by Grantee as the sole notice sas given as herein of address of either party shall be binding on the other party providedby. 10.02. For purposes of the calculation of varioushand time periods notice ta party referred to above. Notice mailed on lreferred to in this Agreement,notice delivered o shall be deemed received when delivered to the placefor giving the manner provided above shall be deemed completed upon the arlier to provided.ocur of(i) actual receipt as indica the signed return receipt,or(ii)three(3)days after posting as ARTICLE Xl. INFORMATIONAL REQUIREMENTS 11.01. A. For newly constructed pipelines, Grantee shall submit to the STATE, within one h unandred-bre u h'tys(180) ey days following installation or construction of the Improvements authorized in this Ag CUSTOMER ID:C000000902 6 ME2011O108 me pl psf 03 29 2011.doc Rosenbaum ate of as. e conducted in and field notes prepared by a surveyor duly licensed by thther t asxExhibhti C.as-built railure or refusal by Grantee to accordance with the STATE'S survey requirements attached (30)bconsecutiveaneo timely provide the as-built survey when due hereunder to Grantee specifying such failurelmay bettreat d as a default by days after the receipt of the STATE's written n Grantee hereunder and the STATE may, in addition to any other remedy a d in ImprovementSTATE'S sole discretion, ion, the terminate this Agreement and require removal of any personal property Premises in accordance with Section 9.02 of this Agreement. s B. Upon receipt of the as-built survey, prepared in accordance with roveme ts,as repsescent d by Grantee's 11.01, the Tappl at oATE n the Imps compare the as-built survey with the proposed location of pe or to the STATE and set forth in Section 2.01 (and referenced nht htesSTATE may either)hereof. If there rterminat changes thi sAgrecment ,son the location of the Improvements authorized by this Ageen e (i) upon determination that the changed location reef]ts rn or (ii)unacceptableupode erminaverse tion of no unacceptable adverse ts, require relocation of the Improvements to conform to the authorized right way, impacts, agree to replace Exhibit B attached hereto with signedtby both exhibit art parties. Upon ttachment of ExhibitB-1 exhibit shall be consistent with the as-built survey and hereto,Exhibit B shall be void and of no further effect. , within one C. If all or any part of the Improvements are buried,Grantee tshall da survey which inECludes coordinates, a eighty(180)days following installation or construction of t at STATE'S option, "depth of cover" data, prepared by a surveyor duly licensed by the State of Texas.C. Failure or The survey shall be conducted in accordance with the STATE'S survey requirements e hereunder and the continuance of such ftached hereto as a ibit lure for thirty(30) refusal by Grantee to timely provide the survey when u consecutive days after the receipt of the STATEmay, in addition to any other remedy and in the STATE'S sole written notice to Grantee specifying such failure may be treated as a default by Grantee hereunder and the STATEpersonal roe and the Improvements located on discretion,terminate this Agreement ion n 9and r02uof this Agreement ire removal of any p l p p � the Premises in accordance with Se 11.02. A. Grantee shall provide written notice to the STATE of aany to cohangeher in n Grantee's nam , ddre s, or llegal nt status(from a corporate entity to a partnership,etc.)and any g within thirty(30)days of the effective date of the change. B. Grantee shall provide to the STATE any other information reasonably requested by the STATE in writing within thirty(30)days following such request. C. If any information required to be submitted within a certain time hen duet afterof this noticeAtoreement Granteeslall and not be received by the STATE on or before ten (10) days after the date w opportunity to cure, then, at STATE'S discretion, Grantee may be required to pay the STATE a"Late Charge"not to exceed One 1Iundred Dollars($100.00)for each day so past due until the date on which the information is received or the Agreement is terminated. to 11.03. Except with regard to initial construction/installation of the Improvements and emergencies, prior conducting any activities at the Premises which may materially impact natural resourcesies iin or aroshun the pPoem ses, Grantee shall provide written notice to the STATE describing the prop at least thirty (30) days prior to conducting major repairs, which will be used to protect natural resources. Such notice shall be provided by Grantee to the STATE at least sixtyst twenty (60) days prior to conducting re-burial activities, a 0) modification, or other activities. Grantee acknowledges activities andrees ttoh pose specific lconditions for conducting days following receipt of the notice to review the proposedprotect natural resources or to mitigate for such activities which, in the STATE'S sole determination, are ne lav den notice to Grantee within twenty (20) days sary to actual damages to natural resources. If the STATE has not p following receipt of Grantee's notice,the STATE is deemed to have approved,subject to the terms of this Agreement, the proposed activities to be conducted at the Premises. In case of emergencies, Grantee may undertake all actions CUSTOMER ID:CO00000902 7 ME20110108 me p1 psf 03 29 2011.doc Rosenbaum necessary to prevent imminent injury or damage to public health, safety or welfare, and/or to protect natural resources, and Grantee shall undertake any such actions as are, in the pipeline industry, ordinary and commercially reasonable responses to such emergencies. Within twenty-four(24)hours following such emergency actions,Grantee shall provide notice to the STATE of such actions as hereinabove provided. ARTICLE XII. MISCELLANEOUS PROVISIONS 12.01. With respect to terminology in this Agreement,each number(singular or plural)shall include all numbers,and each gender(male,female or neuter)shall include all genders. If any provision of this Agreement shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Agreement,but such other provisions shall continue in full force and effect. 12.02. The titles of the Articles in this Agreement shall have no effect and shall neither limit nor amplify the provisions of the Agreement itself. This Agreement shall be binding upon and shall accrue to the benefit of the STATE, its successors and assigns,Grantee, Grantee's successors and assigns(or heirs, executors,administrators and assigns,as the case may be); however,this clause does not constitute a consent by the STATE to any assignment by Grantee,but instead refers only to those instances in which an assignment is hereafter made in strict compliance with Article VI above,or in the case of a deceased natural person grantee, refers to the instances previously referred to in • this sentence and also circumstances in which title to Grantee's interest under this Agreement passes,after the demise of Grantee,pursuant to Grantee's will or the laws of intestate succession. The words "hereof," "herein," "hereunder," "hereinafter" and the like refer to this entire instrument,not just to the specific article, section or paragraph in which such words appear. 12.03. Neither tender nor acceptance of any sums payable hereunder nor failure by either party to complain of any action, non-action or default of the other shall constitute a waiver as to any breach of any covenant or condition contained herein nor a waiver of any of the rights hereunder. Waiver by the STATE of any right for any default of Grantee shall not constitute a waiver of any right for either a prior or subsequent default of the same obligation or for any prior or subsequent default of any other obligation. No right or remedy of either party hereunder or covenant, duty or obligation hereunder shall be deemed waived by the other party unless such waiver be in writing,signed by a duly authorized representative of the party. TE int 12.04. No provision of this Agreement the ahall be gent of the rued in ch a way as STATE orto make the constitute STATE liableand for theGrantee debts of venturers or co-partners or to make Granteeg Grantee. 12.05. In all instances where Grantee is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period,it is understood that time is of the essence. 12.06. The terms of this Agreement shall only be binding on the STATE during the period of its ownership of the Premises, and in the event of the transfer of such ownership rnterest, eSTATE covenantsshall and obligatipon o s shall be binding e released and discharged from all covenants and obligations thereafter accruing,but such during the Agreement term upon each new owner for the duration of such owner's ownership. 12.07. All monetary obligations of the STATE and Grantee (including, without limitation, anymonetary obligation l gat for damages for any breach of the respective covenants, duties or obligations ations of either party ) are performable exclusively in Austin,Travis County,Texas. e 12.08. The obligation of Grantee to pay all Considerationand covenants other sums and hdereunder es dor ovided to be mre paid b yGrantee and the obligation of Grantee to perform Grantee's of independent, unconditional obligations to be performed at all times provided for hereunder, save and except only when an abatement thereof or reduction therein is expressly provided for in this Agreement and not otherwise. Grantee waives and relinquishes all rights which Grantee might have to claim any nature of lien against, or withhold b1E20110108 8 CUSTOMER ID:C000000902 me p1 psf 03 29 2011.doe Rosenbaum k. or deduct from or offset against, any Consideration or other sums provided hereunder to be paid to the STATE by Grantee. Grantee waives and relinquishes any right to assert, either as a claim or as a defense, that the STATE is bound to perform or is liable for the nonperformance of any implied covenant or implied duty of the STATE not expressly set forth in this Agreement. 12.09. Subject in all respects to Section 12.01 of this Agreement, this Agreement is and shall be subject to any applicable federal or state law, rule, order, or regulation presently or hereafter enacted or adopted to the extent, but only to the extent, that such law, rule, order, or regulation preempts or supersedes STATE's authority to issue this Agreement or to require any particular obligation of Grantee, provided, however, that in the event of a conflict between any provision of this Agreement and any administrative rule promulgated by the General Land Office and/or the School Land Board,this Agreement shall control. ARTICLE XIII. RECORDING 13.01. Grantee shall, at its sole cost and expense, record this Agreement in the Jefferson County Real Property Records and provide a file marked copy to the STATE within 60 days after the recorded original of this Agreement is returned by the county clerk responsible for such records. ARTICLE XIV. ENTIRE AGREEMENT 14.01. This instrument, including exhibits, constitutes the entire agreement between the STATE and Grantee and no prior written, or prior or contemporaneous oral promises, warranties or representations shall be binding. This Agreement shall not be amended, changed, altered, or extended except by written instrument signed by all parties hereto. 14.02. This Agreement shall become effective only upon execution by all parties hereto and delivery of a fully executed counterpart to each party. ME20110108 9 CUSTOMER ID:C000000902 me pl psf 03 29 201 t.doc Rosenbaum IN TESTIMONY WHEREOF,witness our hands and the seal of the General Land Office. GTOR: TH TEil XAS GRANTEE: CITY OF PORT • ' R 7 By: grx......et ��`� ,y JE 'Y E. P•TTERSON /� Co missio er,General Land Office �s, d- �J( c...X. .ct-7-7a‘72 (Printed Name) Title: pat c3-cls, oe ecn6c-t c. ZcioRKS Date: -945.9-10.0 Date: OS Hcy 20/f APPROVED: Contents: —I Legal: —b ___ Deputy: 1 Executive: ACKNOWLEDGMENT STATE OF -1 EXA-5 § COUNTY OF JE-TT-CR 50 t,1 § This instrument was acknowledged before me on the 8 day of 2011 , by ROSS /, Z3fJ?CKKE 7T' l?E. , b1REcT-otz. of LW' ' WoRKs l /�X `'' '`_ !CAMERAE I.LEBLANC Notary Public,State of 5 "�� MY COMMISSION EXPIRES ti m 10,2015 My commission expires: ME20110108 10 CUSTOMER ID:C000000902 me pl psf 03 29 2011.doc Rosenbaum Exhibit A ME20110108 VICINITY MAP TAYLOR BAYOU, TEXAS JEFFERSON COUNTY, 10 1 lklb. All 5 ni P7O.S16W, :11111111.1 oI, r , i 4 '� ' . ah{Lt a , 385 -J2T3 C hriltus S lo, y H• pi: / e z3o5 - k �' ` rt • t r 2 (,o .' , aliall ,m.- ' ' "'WON_ 0 .., 39 , . .1,-.. 1111111111111110 -40.., ...040 lz / ,,, rt I, ; 278, plk ' i 441fr ,ffi x88 i 282 j 3 1 285 284,` 283 280 281 0 3 I g 1 q 15 1 enerat BaSem 290 i •291 �1 11101%: 289 287 288y \ 29 11 _ \ ,: '422 295 303 305 1 ,N1 ,. i 2 ai JEFFERSON 302 300 301 304 306 1 2ili 2 310 D.Atfflph fNig 210 318 111 1111111111. ' 314 315 2 l ///j�J 319 320 l� 313 2 322 321 326 A 331 333 -_ 329 330 1Imormi 411k ��t mi Copyright(C)2011 Texas General Land Office.ESR1 —Exhibit B —. _—___------ 8 ME2011010 ___---------- _____ __-- RECORD DIRAWIR VERIFIED BY: ..,...02-,_... .,‘ , KINDER .''''"saREID:&E PROP'---'1-.16 6-9iirqU..1 0 Lid 111V...OL......L.! tr?tom TAYLOR'S ....... C-1 ,_< 0:,‘ -•-• .,2. - Film PIM BAYOU 1 'PVC WARR U ' ...1z a ..../ .15:..3-, alithir,,,- '•:-.-:,-•_:: .,:•'.--ajall -. •.,,;-.,..,••;'.,.; - • -7.77:-... 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WOO 10.al 01wC0 IOW'S =WM IOWA 104.03 SCIP.03 - -cs.....92-7-• .- , • .4- ' co...11 , ....:::, '-'` j'..••* °.:19„,.............' %t •s, ((I )„::•• , /\ ./1/;*.44860.••.•' , , KO iii‘iVt • .- PORT ARTHUR EXHIBIT I ED S.H.87 SOUTH WATER SYSTEM IMPROVEMENTS Coeuiers ARCENEKUX 8C GAELS. 1 ARcENBAux ingu,... th,„,,,re ?Winer. BORE STA.96+00 TO STA.106+00 t & gaits ton I GATES 0 soot y9rTut fricittfear„42 1 poVimplaslic" PORT ARTHUR,JEFFERSON COUNVD,RATwEXAN, A.R7c. : § DATE:MAY 2011 SCALE1200 1 PROJ. No. CPA-420 DESIGN: K.X.C. CHECKED: J.M.W. i . - Instructions For Preparing Exhibits Exhibit c For The Following ME201solos General Land Office Applications: Miscellaneous Easements(Pipeline) Maps (or plats)showing the location of proposed and as-built projects on state-owned lands are required as part of the General Land Office(GLO) application process. The following instructions are to be followed when applying for new work(proposed project), or for reporting as-built conditions for a previously approved project, when the activity is a Miscellaneous Easement (Pipeline)on state land. The information specified below represents minimum requirements of the GLO and additional information may be requested on a project-by-project basis to facilitate a full evaluation of the proposed activity. The information should be submitted along with the required application form and processing fees. Each map or plat must conform to the specifications contained herein. An application is not considered complete,and processing of the application will not be initiated,until all information requested has been submitted and GLO staff has determined that it is adequate. I' NOTE: Surveys and survey plats required by other entities,Federal, State,County and/or City,are PERMISSIBLE /' and USABLE for GLO applications provided they meet the following requirements. IF SUBMITTING SURVEY PLATS DIGITALLY, PLEASE PROVIDE THE INFORMATION IN ONE OF THE FOLLOWING FORMATS: 1. In an ESRI format (i.e. Shape file, E00,or Geodatabase) 2. AutoDesk Map 6 or earlier version in a DWG format. 3. And Projection Information of the data set submitted. A. GENERAL INSTRUCTIONS for ALL APPLICATIONS: 1. Each map or plat should be 8-1/2"X 1 1". 2. A one-inch margin should be left at the top edge of each sheet for binding purposes. 3. Any shading used to identify specific areas must be reprodicible by ordinary copy machines. 4. Each map or plat submitted must have a title block identifying,at a minimum:(a)applicant name;(b)applicant address; (c) project name;(d)date of preparation;(e)name of preparer,and(f)project location as follows: (1) if on state-owned uplands, then provide county, survey name(original grantee) and, as applicable, survey or section number,block number,township number,subdivision name,lot or tract number,and abstract number; (2) if on submerged land,then provide county,waterbody name,and state tract number;. 5. The scale for each map or plat must be clearly indicated both digitally and by graphic scale. 6. Vicinity Maps--Exhibit A for each project application must be a Vicinity Map showing the general location of the proposed work. The Vicinity Map must be produced using either a U.S.G.S. 7.5 minute Topographic Map, a Texas Department of Transportation County Road Map, or navigation chart as its base layer. The project location should be indicated by a prominent arrow on the map. An 8 1/2" X 11"Xerox copy from the original Topo, county map,or navigation chart showing the project location is sufficient. It is not necessary to submit the entire Topo or county map,so long as the map is appropriately identified as to the origin of the base information(e.g., name,and date of base map information used). This is most easily accomplished by copying the legend of the base map and making it part of the Vicinity Map. i 7. Project Site Map--Exhibit B for each project application should be a Project Site Map(in Survey Plat format)which provides specific project location information. The Project Site Map should be produced at sufficient scale and detail to enable field inspectors to locate the project on the ground with minimal difficulty. Demographic features such as road numbers,stream names, railroad crossings,corporate city limits, and other prominent locative features should be included on the Project Site Map. The project location should be indicated by a prominent arrow on the map and a North arrow must be provided. Annotation may be included on the map regarding distance of the project from known points(e.g.,highway intersections,road stream crossings,etc.). Additional guidance for preparing Project Site Maps is provided in Section B of this document. 8. Detailed Project Plan -- Exhibit C for each project application should be a Detailed Project Plan,consisting of an aerial plan- view drawing and a cross-sectional drawing of all proposed or existing structures on state-owned lands at the project site. Page 1 of the Detailed Project Plan should contain,at a minimum: a. Location of the shoreline or banks if the project is on or adjacent to tidally influenced waters or crosses a state-owned river,stream,creek,or bayou. b. The direction of ebb and flow if in or adjacent to tidal waters,or the direction of water flow if the project crosses a river,creek,stream,or bayou. c. A North arrow. d. The location of state tract lines(on tidally influenced lands),survey lines,or property lines,as applicable. e. The location of any marshes,submerged grass flats,oyster reefs,mud or sand flats,or other sensitive natural/cultural resources known to exist in the project area. A f. The lines of mean high water and mean low water when applicable. g. The Detailed Project Plan cross-sectional drawing must include notation as to the outside diameter(OD)of all pipelines covered by the easement,and the relationship of the pipeline(s)to any other pipeline(s)in the immediate vicinity. h. The registration,easement,or lease numbers for any structures at the site previously authorized by the GLO(available from GLO field offices upon request). tt i. Any applicable Corps of Engineers application numbers covering the proposed work,as soon as that application number is available,but,in any event,prior to issuance of the easement. Page 2 of the Detailed Project Plan should contain,as applicable,an explanation of construction methodology,techniques,and equipment that will be used at the site. 9. As-Built Survey-- A survey showing the depth of burial must be furnished for all projects on state-owned tidally influenced lands (Gulf of Mexico, bays, estuaries, etc.), crossings of state-owned rivers/streams/creeks/bayous. The survey shall show plan view only for projects on state-owned upland tracts. Failure to provide this information is, by terms of the state contract,grounds for termination of the easement and removal of the structure from state-owned land. New Pipeline Installations: Each application for installation of a new pipeline must include with the application a profile drawing showing theproposed depth of burial at not fewer than 36"below the surface. GLO will issue an easement using the proposed ROW and depth of burial information. Following installation of the pipeline, however,the applicant is required by terms of the GLO contract to provide a survey of actual burial depth measurements for that portion of the ROW length occupying state-owned land. The spacing between depth-of-burial measurement points is a function of the length of ROW. If the casement length is less than 500 feet,the depth of cover of the structure and waterway bottom elevation shall be determined at intervals not to exceed 50 feet. If the easement length is greater than 500 feet but less than 5,000 feet the interval between measurement points shall be 100 feet. Easements greater than 5,000 feet in length shall be surveyed at 250-foot intervals. All work shall be performed under the supervision of and sealed by a registered public land surveyor. All submitted drawings must be sealed by the supervising registered public land surveyor. All elevations must be referenced to a common datum (Mean Sea Level,National Geodetic Vertical Datum,Mean Low Water,etc.)and grid coordinates must reference Texas State Plane coordinate System of 1927 or 1983. The accuracy of the waterway bottom and pipeline elevations shall be 4/-one-half (.5') foot for the waterway bottom and+/- one-half(0.5')foot for depth of burial less than or equal to 10 feet and+/-fifteen (15%)percent for depth of burial greater than ten (10)feet. Manual probing and electronic means(both active and passive) of survey type shall be acceptable for depth of burial determinations. 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S • > Eo- a = ^Uc .oi .B.',71 > 3 ., a :awru , - cc w rc- k1iQE a x-cw 5usy € au,a p u:a E v'- gE m AEEf• y.2 vo y u.5o E a u4- > ? mw cRRtC ` c n. - ° y ° yo ° -at; °,, o- Ee �,,o NvE °am.0 u .5uU 0 ^r.s p48aa-E R ° Q ^ UoUcuSn.E Qv'OL pO R uR`o,°R Qao4s muU83R - •Ru7a...8 ELa N- r State of Texas Texas General Land Office 7-N Application for State Land Use Lease tt!_� Easement No. Miscellaneous Easement/Right-of-Way - Renewal, JY 7 Assignment, or Amendment Grantee/Official Company Name/Applicant Authorized Agent Company Contact Company, Partnership, Individual or Trust Name Individual, Company, or Consultant Information Mailing Agent/Company Contact Send contracts to Agent/ Address (Title,First Name,Last Name,Salutation) Company Contact City State Zip Code 1 Work # ■ Mobile # Work # Fax # Street Address Country Website Email City State Zip Code Country Email ****Please Note:For Oil and Gas-Related Pipelines ONLY Type of Business and State of Incorporation of Grantee there is the option for a 10 year or 20 year term*** Select Term 10 Year Term 20 Year Term Type of Business Operator If LP, Name Of GP Operator Contact j State of Incorporation Operator Phone Number Tax Id # Email Please note what is being amended and if this for an assignment, you must include the GLO Easement RRC T-4# (Copy of permit if available) Numbers on the Bill of Sale. List the easement numbers Last Safety Evaluation # (if available) being assigned here as well or use this section to include any additional information: System Name Year Built Interstate Intrastate Is the area Pooled/Unitized? Yes No Is the pipeline operating and used for the original purpose stated in original Yes No contract? If no, what is the purpose or is the line inactive? If inactive pipeline in a Bay area see Bay Pipeline Policy. For assignments,the assignor and assignee must each fill out and submit an application. Also,send one copy of the executed Bill of Sale Signature of Applicant/Agent either by attaching it to the email that is created when you click the "Submit by Email"button or by mailing it to the Texas General Land Office c/o Right-of-Way Dept., PO Box 12873,Austin TX 78711-2873. We will Name (please print or type) issue an assignment contract for all parties to sign once we receive all requested information. Fees are located at the bottom of the next page. Date Information collected by electronic mail and by web form is subject to the Public Information Act,Chapter 552,Government Code. Print Form Submit by Email Miscellaneous Easement Regions Map 3 . it .1.ol •r / 1 Gulf of Mexico The boundary between Regions 1 Three Marine and 2 is the line separating state League Line bay tracts from state gulf tracts as shown in the GLO Submerged Land Inventory. General Land Office Rates for Oil&Gas Related Pipelines General Land Office Rates for Electric Power Lines All rates based on price per rod(1 rod=16.5 feet) All rates based on price per rod(1 rod=16.5 feet) 10-Year Term 10-Year Term Size Region 1 Region 2 Region 3 Damages Non-State Base Rate(per rod) Oil&Gas Power Line Damages Upto 13" $17 $30 $24 $21 $150 Capacity Region 1 Region 2 Region 3 (per rod) >13" $43 $70 $57 $29 $150 <69 KV $18 $30 $24 $12 20-Year Term 69-137 KV $30 $42 $36 $18 Up to 13" $23 $41 $32 $21 $205 138 KV $54 $66 $60 $20 >13" $60 $96 $78 $29 $205 >138 KV $78 $90 $84 $24 Minimum consideration for a 10-year pipeline contract is$800 and$1,600 Minimum consideration for a 10-year electric easement is$1,202. for a 20-year pipeline contract. Minimum fee for damages on new Minimum fee for damages on new easements is$200. Fees are$350 per easements is$200. Fees are$350 per event of application,renewal,or event of application,renewal,or amendment. Assignment fees are$350 amendment.Assignment fees are$350 per assignment. See notes below. per easement. See notes below. PLEASE NOTE: PLEASE NOTE: 1.All charges are per line,per crossing. 1.Rates for ROW easements over,across or under PSF acquired properties 2.Rates for PSF acquired properties and properties within a municipality or and properties within a municipality or its extraterritorial jurisdiction are its extraterritorial jurisdiction are negotiated. negotiated. 3.Damages are charged per rod and are applied to new easements only. 2.Damages apply to new easements only. 4.Damages will not be assessed for lines that are directionally drilled/bored 3.Damages will not be assessed for lines that are directionally drilled/ under State riverbeds,creeks,etc. bored under State riverbeds,creeks,etc. 5.Base rate may increase annually(but not decrease)September 1 each 4.Base rate may increase annually(but not decrease)September 1 of each year by the Consumer Price Index for all Urban Consumers(CPI-U). year by the CPI-U.