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HomeMy WebLinkAboutPR 22187: ENCROACHMENT AGREEMENT WITH JOEL DANIEL MALLET AND WIFE MOLLY L. MALLET P.R. No. 22187 10/06/21 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN CITY OF PORT ARTHUR AND JOEL DANIEL MALLET AND WIFE, MOLLY L. MALLET AS IT PERTAINS TO A 30 FOOT UTILITY EASEMENT OUT OF AND PART OF LOT 42, BLOCK 1, LAKE ARTHUR MANOR SUBDIVISION WHEREAS,homeowners,Joel Daniel Mallet and wife, Molly L. Mallet wish to enter into an encroachment agreement with the City of Port Arthur as it pertains their desire to build an outdoor kitchen and patio that will extend outward from the garage, of which a portion of a temporary, removable sitting area and landscaping will lie partly within the City's 30-foot utility easement; and WHEREAS, it is deemed in the best interests of the City to approve an Encroachment Agreement with Joel Daniel Mallet and Molly L. Mallet to allow access and to repair and maintain the area and that said encroachment will not prohibit the use of the utility easement for its intended purpose. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to execute an Encroachment Agreement between the City of Port Arthur and Joel Daniel Mallet and wife,Molly L. Mallet, in substantially the same form attached hereto as Exhibit"A". Section 3. That no claims will be made against the City of Port Arthur for damages to the encroachment as a result of removal, repair, servicing, and/or replacement of utilities within the described encroachment area. Section 4. That a certified copy of said Encroachment Agreement shall be filed for record in the office of the County Clerk of Jefferson County. Texas. Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor: ; Councilmembers: NOES: Thruman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: .k1 i►� 0-j\AL4I\QANI V. - is Tize Ci , • r Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager Exhibit "A" ENCROACHMENT AGREE ENT STATE OF TEXAS § § KNOWN AIL MEN BY THESE PRESENTS: JEFFERSONOCUNW § This Agreement made this day of 2021,by and between the City of Port Arthur, a municipal corporation existing under the laws of the State of Texas, hereinafter called "Grantor" and Joel Daniel Mallet and wife, Molly L. Mallet, hereinafter collectively called "Grantees"as follows: RECITALS A. Lake Arthur Manor is a subdivision in the City of Port Arthur,Jefferson County,Texas the plat for said subdivision having been filed for record in Volume 14. Pages 84 & 85, Map Records,Jefferson County,Texas. B. Since their acquisition of the following described tracts and parcels of land by deed dated May 10,2004,recorded on May 11,2004,recorded under File No. 2004017878,Official Public Records,Jefferson County,Texas,Grantees have been the owners in fee: TRACT I: Lot Number Forty-two(42),Block One(1)of Lake Arthur Manor, an Addition to the City of Port Arthur,Jefferson County,Texas,as same appears upon the map or plat thereof,on file and of record in Vol. 14, Pages 84 & 85, Map Records, Jefferson County, Texas, and being more commonly described as 4512 Kandywood Dr.,Port Arthur,Texas(the"Property");and TRACT II: BEING a tract or parcel of land out of and a part of Reserve"A"of LAKE ARTHUR MANOR,an Addition to the City of Port Arthur, Jefferson County,Texas,as the same appears upon the map or plat thereof,on file and of record in Vol. 14 pages 84 85 Map Records of Jefferson County,Texas,and being more particularly described by metes and bounds as follows,to-wit: BEGINNING at a 1/2 inch iron rod found at the common Southerly corner of Lot 41 and Lot 42,Block 1,Lake Arthur Manor; THENCE South 41 deg. 05 min. 07 sec. West along the Southeasterly line of Lot 42, Block 1, for a distance of 95.75 feet (Plat=95.66 feet)to a 1/2 inch iron rod found for corner; Page 1 of 4 THENCE South 48 deg.54 min.53 sec.East,for a distance of 30.00 feet to a 1/2 inch iron rod found for corner on the Easterly line of Reserve"A"; THENCE North 41 deg. 05 min. 07 sec. East along said Easterly line,for a distance of 95.75 feet to a 1/2 inch iron rod set for corner; THENCE North 48 deg. 54 min. 53 sec. West, for a distance of 30.00 feet to the POINT OF BEGINNING. C. The survey attached as Exhibit"B",hereinafter called"Survey",depicts Tracts I&II of the Property,with the 15'Utility Easement,hereinafter called"Abandoned Easement",depicted as lying between Tracts I&II having been abandoned,vacated and relinquished by City of Port Arthur Ordinance No. 04-24, recorded on January 24, 2005, under File No. 2005002880,Official Public Records,Jefferson County, Texas,a true and correct copy of which is attached as Exhibit"C". D. Further,the Abandoned Easement was previously released by Entergy Gulf States,Inc.by Release of Easement dated July 30, 2001, recorded on August 16, 2001, under File No. 2001029519,Official Public Records,Jefferson County,Texas,a true and correct copy of which is attached as Exhibit"D". E. Grantees desire to build an outdoor kitchen and patio extending southward from the Garage depicted on the Survey, of which a portion of a temporary, removable sitting area and landscaping will lie partly within the TRACT II 30'Utility Easement depicted on the Survey, hereinafter called"Encroachment". NOW THEREFORE,for valuable considerations,the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantees,their heirs, successors and assigns as owners of the Property an easement to allow the Encroachment to remain in its proposed location. The easement shall be over that portion of Grantor's utility easement property that will be encroached by the proposed temporary, removable sitting area and landscaping. This easement is granted upon the following terms and conditions: 1. Grantees agrees that the Encroachment will be on property owned in fee by Grantees as of the date of this Agreement,in which Grantor holds a utility easement interest. 2. This easement is granted to allow the Encroachment to remain in its proposed location and to allow Grantees and their successors and assigns to access and to repair and maintain the Encroachment and easement area.Grantees and their heirs, successors and assigns shall not erect any other permanent improvements in the easement area. 3. Grantees agree by virtue of the proposed Encroachment onto the 30'utility easement that they will not prohibit the use of the utility easement for its intended purpose. Page 2 of 4 4. No additions or extensions of the Encroachment, other than as needed for maintenance and repairs,by Grantees or their heirs,successors and assigns are to be permitted. 5. Grantee shall make no claims against the Grantor,its agent,or its Franchises for damages to the encroachments as a result of removal, repair, servicing, and/or replacement of utilities within the herein described encroachment area. 6. To the extent allowed by applicable law,Grantees and their successors and assigns agree to indemnify and hold harmless Grantor and its Franchisees for any claims, expenses,losses,liability,demands or damages arising out of,or as an unforeseen result of the proposed Encroachment detailed in this Encroachment Agreement,and such Agreement will be binding on Grantees,their heirs,successors and assigns. 7. That this Agreement shall be binding upon the respective heirs, successors and assigns of the parties hereto. However, the City of Port Arthur does not hereby undertake purport or represent that this Agreement is binding on or affects any rights which may exist in said easement in favor of any public or private utility other than the City of Port Arthur. In witness whereof,the parties hereto have executed this Agreement effective as of the day of ,2021. GRANTEES: Joel Daniel Mallet Molly L.Mallet GRANTOR: City of Port Arthur,Texas,a municipal corporation By: Name: Title: Page 3 of 4 STATE OF TEXAS § § COUNTY OF JEFFERSON § The foregoing instrument was acknowledged before me this day of , 2021, by Joel Daniel Mallet and Molly L. Mallet. Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF JEFFERSON § The foregoing instrument was acknowledged before me this day of ,2021,by ,as of the City of Port Arthur, a municipal corporation, in its capacity as holder of easement rights as depicted in Exhibit"A" attached hereto and made a part hereof, and on its behalf. Notary Public, State of Texas Page 4 of 4 EXHIBIT"A" T (Page 1 of 4) 11111111111111111 D° 2664017878 4 PGS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER AND YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED WITH VENDOR'S LIEN IN FAVOR OF THIRD PARTY 75 75Y '13tf(' DATE May J� 2004 GRANTOR DOUG SAVANT and wife,ALLENDA SAVANT GRANTOR'S MAILING ADDRESS 1 C'7SQ �AIG�I Qn vile 1 R ?2. GRANTEE JOEL DAN EL MALLET and wife, MOLLY L MALLET GRANTEE'S MAILING ADDRESS 2316 Earle Port Neches,Texas 77651 CONSIDERATION The sum of TEN AND NO/100 DOLLARS ($10 00) and other good and valuable consideration, and the further consideration of the execution and delivery by the Grantee herein of a note of even date that is in the principal amount of ONE HUNDRED EIGHTY-NINE THOUSAND AND NO/100 ($189,000 00) DOLLARS, payable to the order of GULF EMPLOYEES CREDIT UNION The note is secured by a vendor's hen retained in favor of GULF EMPLOYEES CREDIT UNION, in this deed and by a deed of trust of even date from Grantee to KEN N WHITLOW, Trustee PROPERTY(including any improvements) TRACT I Lot Number Forty-two (42) Block Number One (1) of LAKE ARTHUR MANOR, an Addition to the City of Port Arthur, Jefferson County, Texas, as same appears upon the map or plat thereof, on file and of record in Vol 14 pages 84& 85 Map Records of Jefferson County, Texas TRACT II BEING a tract or parcel of land out of and a part of Reserve "A" of LAKE ARTHUR MANOR, an Addition to the City of Port Arthur, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Vol 14 pages 84-85 Map Records of Jefferson County, Texas, and being more particularly described by metes and bounds as follows, to-wit EXHIBIT"A" (Pagc 2 of 4) BEGINNING at a 1/2-inch iron rod found at the common Southerly corner of Lot 41 and Lot 42, Block 1, Lake Arthur Manor, THENCE South 41 deg 05 nun 07 sec West along the Southeasterly line of Lot 42, Block 1, for a distance of 95 75 feet (Plat = 95 66 feet) to a 1/2-inch iron rod found for corner, THENCE South 48 deg 54 min 53 sec East, for a distance of 30 00 feet to a 1/2-inch iron rod found for corner on the Easterly line of Reserve "A", THENCE North 41 deg 05 min 07 sec East along said Easterly line, for a distance of 95 75 feet to a 1/2-inch iron rod set for corner, THENCE North 48 deg 54 nun 53 sec West, for a distance of 30 00 feet to the POINT OF BEGINNING RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY This conveyance and the following warranty are made expressly SUBJECT TO any and all restnctions, covenants, conditions, easements, nghts-of-way, leases and mineral and/or royalty reservations of record, if any, affecting this Property Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all and sing lar the rights and appurtenances thereto in any wise belonging, to have and to hold unto Grantee, Grantee's hews, successors and assigns forever Grantor binds Grantor and Grantor's heirs, successors and assigns, to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part hereof;except as to the reservations from and exceptions to the conveyance and warranty GULF EMPLOYEES CREDIT UNION, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the property that is evidenced by the note described The vendor's hen and superior title to the property are retained for the benefit of GULF EMPLOYEES CREDIT UNION, and are transferred to that party without recourse on Grantor When the context requires, singular nouns and pronouns include the plural EXECUTED this the 10 _day of May,2004 DOUGSA T c _\c ( .---C)O ALLENDA SAVANT ''Grantor" EXHIBIT"A" (Page 3 of 4) AGREED TO AND ACCEPTED BY Q J L DANIEL MALLET By ch Molly L et, as Agent and Attorney- in-Fact for and on behalf of Joel Daniel Mallet MOLLY L k2LLET "Grantee" STATE OF TEXAS * COUNTY OF JEFFERSON * 441 This instrument was acknowledged before me on this the /° 'd'of May, 2004, by DOUG SAVANT and wife, ALLENDA SAVANT KEN N WHITLOW /L. L12,k. h* Notary Public,State of Texas + My Co MARCH i3n Expires Notary Public, State of Texas MARCH t3.2008 STATE OF TEXAS * COUNTY OF JEFFERSON * 0-0 This mstrument was acknowledged before me on this the ' day of May, 2004, by MOLLY L MALLET, Individually and as Agent and Attorney- in - act for and on behalf of JOEL DANIEL MALLET + j2.7.Z...\ (0:: KEN N WHITLOW Notary Public,State of Texas My Commission Expires _ `T MARCH 13,20i)8 Notary Public, State of Texas AFTER RECORDING, RETURN TO 231 arle s Jo Daniel letAnTER RECORDING RETURN TO: P Neche exas 7 51 PORT ARTHUR ABSTRACT & TITLE CO. 2950 TURTLE CREEK DRIVE PORT ARTHUR, TEXAS 77642 EXHIBIT"A" (Page 4 of 4) FILED AND RECORDED OFFICIAL PUBLIC RECORDS D-111:110:1- 2084 May 12 03 N14117618 GEORGE $21.e0 DEBBIE NSOFF COUNTY CLERK JEFFERSON COMITY TEXAS i . EXHIBIT"B" KANDYWOOD DRIVE FD. ,/2. FD. 1/2' IRON ROD IRON ROO R_I50' ,o.ar Rs50' Lw24.25' L-32. 0 C-24.22' , FIX 1ir PON R00 FO. e/r C-3L4a' - _ \ imah PO. LOT 42 BLOCK 1 (TRACT ') zo BLDG. uNE /j & ilib 01{ n45.T„- 10.4' 5' / LOT 43 • 1-STORY g SCAt E 1.-30. a' n BRICK o RESIDENCE 0 3 F LOT41 NOTE: '� 14S AEN GULF STATES. INC. .HAS AE14N00NDED IT5 RM+irS TO THE 15' UI1LDY EASEMENT .z 25' ;,,RY RELEASE FLED UNDER NOTE: POOL & POOL C.C. '2001029519 DECK INTO 15' EAS ,^„ GE Pod Dick & POOL DECK INTO Conc. l a.3' 30' EAS. 0 15' UTILITY EASEMENT o< " T.' �TRARA CTC7 II FD. 1/r S.4ro5'orw. 95.66'W- Ell. 1/7 IRON ROD w (TRACT II) IRON ROD Port 01 RESERVE.A" 1n in_ Part of RESERVE 'A h vS Port ol ER RESVE -A VOL 14, PG. 64-85 U.R. S R 30' 11TliTY EASEMENTOA VOL 14, PC. 64-SC u.R. viVOL 14, PG. 64-65 N.R. n i FD. 1/2. N.41'05'O7-E 95.66' FD. 5/8. IRON ROO IRON ROD Theron J. Fo denbeny Vol. 1541. P5. 350 J.C.D.R. I certify that the above is a plat of two tracts of land, known as 4512 Kandvwoad Chive, Port Arthur, Texas 77642, the property of Doug Savant and Allenda Savant, as surveyed by by me, and being more fully described as TRACT I and TRACT II as shown on the descriptions attached hereto and made a part hereof. This property is located in Flood Zone "A1;" which is an area within the .IOn year Flood Boundary per The Flood Insurance Rate Mop of Port Arthur, Texas, Coimnunity-Panel Number 485499 0010 F., dated April 17, 1984. Census l'ract Number 7.1, Note encroachments as shown. CIF ,• t 1T4- 4PGS4,_.. _ �:9 •(; a( iX r !faro Loci; R.P.L:ti: l F._LOQKF ' 211 N. 1.1th Street \``,, 1801 Q;',,, Nederland, Texas 77627 t'9,T, . SSf°t:�°r • January 30, 2004 • TO THE LIENHOLDERS AND/OP THE OWNERS OF THE. PREMISES AUPVEYED. AND TO CHTfACO TITLE INSURANCE COMPANY The undersigned does hereby certify that this survey was this day made on the ground of the property legally described hereon, end is correct, and that to my knowledge there are no discrepancies, conflicts, shortages in area, boundary conflicts, encroachments, overlapping of improve- ments, visible easements or rights-of-way, except as shown hereon, and that said property has access to and from a dedicated roadway. DiAted this the30th day of •Jarnlal\' _ 2nn4 Harold F. Locke, Registered Professional Land Surveyor EXHIBIT"C" ' (Page 1 of 6) 11111111111111111 2N5082888 SCANNED vcs P.O.NO.5409 05/02/04 DLW 4 ORDINANCE NO. - ,� 44 AN ORDINANCE ABANDONING,VACATING ANT) RELINQUISHING A UNIFORM 15 FOOT UTILITY EASEMENT OUT OF AND PART OF LOT 42,BLOCK 1,LAKE ARTHUR MANOR. WHEREAS, Section 94-381 Code of Ordinances of Article VI (Abandoning and Vacating City Streets,Alleys and Easements)provides the process by which a street,alley or easement may be abandoned and vacated;and, WHEREAS, this easement lies wholly within the City Limits of the City of Port Arthur, a Home Rule City in Jefferson County,Texas and the said easement was dedicated by plat of Lake Arthur Manor, an addition on file in Volume 14, pages 84 and 85 Map Records of Jefferson County,Texas;and, WHEREAS, the Planning and Zoning Commission has considered this request and recommends that it be abandoned;and, WHEREAS,a public hearing was held before the City Council of the City of Port Arthnnr on June 11,2002 at 7;00 p.m.;and, WHEREAS,the City Council has considered the request for abandonment and now states that it would be in the public interest of the public to abandon and vacate said portion as to rights and interest for the purpose of utility installation therein;and, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the following utility easement in the City of Port Arthur,Texas be and is hereby abandoned and vacated as to all rights for the purpose of the installation of utilities,to wit: JEFFERSON,TX Page 1 of 6 Printed on 2/24'2015 2:24:55 PM Document: ODN 2005.002880 EXHIBIT"C" • (Page 2 of 6) . P.O.NO.5409 05/02104 Page 2 of 3 A UNIFORM 15 FOOT EASEMENT OUT OF LOT 42,BLOCK 1, LAKE ARTHUR MANOR SUBDIVISION - • EXHIBIT"A" SECTION L This Ordinance is contingent on the following: 1.Payment to the City of the cost of the appraisal. 2.Payment to the City of the appraised value of the easement. SECTION 3, As required by Section 94-383 of the Code of Ordinances of the City of Port Arthur,the proceeds of any sale or donation of abandoned parts of streets or alleys or of a public square,park or site for city hall or other municipal building shR1l be used only for acquisition and improvement of property for the same uses as that sold. SECTION 4, This being an Ordinance not requiring publication it shall be in full force and effect from and after its passage. —- SECTION 5. A certified copy of this Ordinance shall be filed for record in the Office of the • County Clerk of Jefferson County,Texas. READ, ADOPTED AND APPROVED this day of May, A.D., 2004 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR G 0- COUNCILMEMBERS ( ZI. at„.„ ) ha n riQ 0.5 n in , /-5(- 0_,02, IhanifiOn , O ) 5 on and , r /- C NOES: ,) `COn _, • ATTEST: .Q r.4n- • MAYOR I - CITY SEC ARY - JEFFERSON,TX Page 2 of 6 Printed on 2124/2 0 1 5 2:24:56 PM Document:ODN 2005.002880 EXHIBIT"C" • (Page 3 of 6) P.O.NO.5409 5/02 4 Page 3 of 3 • APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: • CITY AGER qi,v4. DIRECTOR OF PLANNING • • i JEFFERSON,TX Page 3 of 6 Printed on 2/24/2015 2:24:56 PM �. Document: ODN 2005.002880 EXHIBIT"C" (Page 4 of 6) • OSCAR G ORTIZ,MAYOR • STEPHEN FITZGIBBONS JOHN BEARD,JR,MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS EUANGEUNE"VAN"GREEK CAAIG HANNAH City of CITY SECRETARY FELIX A BARKER MARKT SOKOLOSN THOMAS J HENDERSON CRY ATTORNEY • MARTIN ROOD RONNIE H THOMPSON Ci?rt r t h t< DELORIS PRUE MICHAEL"SHANE"SINEGAL Tp s CERTIFICATION THE STATE OF TEXAS § • COUNTY OF JEFFERSON § 1, Terri Hanks, Assistant City Secretary of the City of Port Arthur, Texas, hereby certify that the attached is a full, true, and correct copy of Ordinance No. 0424 as the same appears of record in my office in the City HaN at Port Arthur,Texas; and that I am the lawful possessor and custodian of said Ordinance. WITNESS MY HAND AND SEAL of office at my office in Port Arthur, this the 24th day of January,2005. (SEAL) /1...(AA r�$ vA tAi' Terri Hanks,Assistant City Secretary • i. A, ; r 3 Ae -if�- I• '• 1 lieJrk {n�e PO BOX 1089•PORT ARTHUR.TEXAS 77641-1089• 409l983-8115•FAX 40W983-B291 JEF'FI:RSON,TX Page 4 of 6 Printed on 2/24/2015 2:24:56 PM Document:ODN 2005.002880 EXHIBIT"C" (Page 5 of 6)- - •- • ' ''• care to attend,you win ce given run oppORUnhLy to Du 1lUd1 u. +H dUUMut ia+a'iv+i++a►+u+++o • , desired,'please contact the Planning Department at(409)983-8135. f LOCATION: 4506 AND 4512 KANDYWOOD_DRIVE L'X`kbr l- n LOTS 42 AND 43, BLOCK 1, LAKE ARTHUR MANOR ---T- ----• -— - - I IICFCrr� °e+6P� ` ��`L9 3 * ~ ItT'D� f/ '25" ga f V7.4/ ^4,), 01. ' \ 3 8' v ��.i=► tip: .. ',fix .. \3�. Air :: 'Jq 9+ !:. w 1`,<‘" • e .- :. , .,_ ..i. , , ,. 4 . . • : \\ 4) •ie.. ...4 d ' d'1 .., ••24. _ - tt, •,it , .,,A ` o� se.',... le s3r - �I^ I 4 I -'', 4e? vz7 :•/) '�17 , 4 . t �: • ih' l Id b 23?t+w Po _ •' .Y l c a 7 Y • p0 fie• t d 3 - 7-4 , !...s-- • . t 6 Ty° - 414-14!.. 4 ,* I'- <."-" r11k 71 `` 46 ` �, \ ',„ 4,, 3 - 2 + / Bp 9�, o r'as. �` j4l' �• �` ..LI SO a �• +4 �.' 59 `° WPM 1 Y cz \ Q ''';$ \\A.Vir 401'' ' ' \,..,,.„41. a e'I; 051 . . '['li7-.?"1 ' " . \ J m. \' S3 ' ' C , . P °ao iT ; �� .ems . • i L t o Gso / P,% t'L,:.�0. , .�3'-• N Yr w APPLICANT: HASSAN SHOMALZADEN & DOUGLAS SAVANT LEGEND Boundaries of ADDRESS: 4506 AND 4512 KANOYWOOD DRIVE Proposed Abandonment PROPOSED ABANDONMENT: A02-02 Street R-O-W I7 Easement ® >t11111'.11w APPROXIMATEAREA: LOCATED ON THE SOUTH SIDS OF ' KANDYWOOD DRIVE APPROXIMATELY 750' EAST OF BRAIDS AVENUE Scale: NTS JEFFERSON,TX Page 5 of 6 Printed on 2/24/2015 2:24:56 PM Document:ODN 2005.002880 EXHIBIT"C" (Page 6 of 6) . .. r- (i I" I. • } is FILED AND RECORDED OFFICIAL PLISLJC RECORDS e.g.+ 2611 Jan 24 w:If R» amid sr.- cA $23. CAROLYN I. GU/DRY CONTY CLOAK • JEFFiRSOR COUNTY TEXAS • • f.� is I' I: 1F. • • is JEFFERSON,TX Page 6 of 6 Printed on 2/24 20 1 5 2:24:57 PM Document:ODN 2005.002880 EXHIBIT"D" (Page I of 2) 2001029519 2 ❑gS RELEASE OF EASEMENT 4-1 CD g STATE OF TEXAS § COUNTY OF JEFFERSON § � GRANTOR: ENTERGY GULF STATES, INC. r: ( ) GRANTEE: LAKE ARTHUR MANOR ADDITION 0 C KNOW ALL MEN BY THESE PRESENTS: qTHAT for good and valuable consideration, receipt of which is hereby acknowledged, Entergy Gulf States, Inc., ! CD whose permanent mailing address is Right of Way Department, i. pr P.O. Box 2951, Beaumont, Texas 77704, has abandoned, H released, relinquished and quitclaimed, and by these at I 3 presents does abandon, release, relinquish and quitclaim all fI (D its rights and privileges in and to that certain 15 foot I. rt n utility easements lying parallel and adjacent to that 10 certain 30 foot utility easement along the rear lot line of .0 k Lots 42 and 43, Block 1, of LAKE ARTHUR MANOR ADDITION, a i subdivision located in Port Arthur, Jefferson County, Texas, G Ili according to map or plat recorded in Volume 14, Page 84-B5 e. of the Map or Plat Records of Jefferson County, Texas. Executed this 30th day of July , V A.D. , 2001. 4 ENTERGY GULF STATES , INC. CD .�0MUl By: 0 Ky a Todd, Manager, Area Design r STATE OF TEXAS § r: O COUNTY OF JEFFERSON § ` C BEFORE ME, the undersigned authority, on this day personally appeared Kyle Todd , Manager, Area Design of ENTERGY GULF STATES, INC., a corporation, known to me to be f' the person and whose name is subscribed to the above and n foregoing instrument, and acknowledged to me that he ;i CD executed the same for the purposes and consideration therein R. expressed, in the capacity therein stated, and as the act and deed of said corporation. Al GIVEN_�UUNNDDER MY HAND AND SEAL OF OFFICE this �71/ day of re t!L/Lr , A.D., 2001. CD //f / f. r 1_ 1 I4- 1AMES E. BRYANT / , rt Q i COMMISSION DFME$ Notary Public in , d for 4s0 MAY 22. 2003 The State of Texa- . 0 My commision expires: 10 Jaa.. R. Errant ASTER RECORDING, RETURN TO, Distribution Right-of-May Department, Ibtuigy Gulf Status, P.O Box 2951, Baauaont, Texas 77704.9251 EXHIBIT"D" FIB V RECOR1 EIf (Page 2 of 2) a i31 a 2001 AUG 16 01:13 Pri 2001029519 • ER CD • JE -i Fu M � . TEXAS 0 k. CD o n 3 (D Pr 0 1 rtif Ph