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:
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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
-
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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
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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
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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
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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
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(Page 6 of 6) . ..
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FILED AND RECORDED
OFFICIAL PLISLJC RECORDS
e.g.+
2611 Jan 24 w:If R» amid
sr.- cA $23.
CAROLYN I. GU/DRY CONTY CLOAK •
JEFFiRSOR COUNTY TEXAS •
•
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EXHIBIT"D"
(Page I of 2)
2001029519 2 ❑gS
RELEASE OF EASEMENT
4-1
CD
g STATE OF TEXAS §
COUNTY OF JEFFERSON §
� GRANTOR: ENTERGY GULF STATES, INC.
r:
( ) GRANTEE: LAKE ARTHUR MANOR ADDITION
0
C KNOW ALL MEN BY THESE PRESENTS:
qTHAT for good and valuable consideration, receipt of
which is hereby acknowledged, Entergy Gulf States, Inc., !
CD whose permanent mailing address is Right of Way Department,
i.
pr
P.O. Box 2951, Beaumont, Texas 77704, has abandoned,
H
released, relinquished and quitclaimed, and by these
at I
3 presents does abandon, release, relinquish and quitclaim all
fI
(D its rights and privileges in and to that certain 15 foot I.
rt
n utility easements lying parallel and adjacent to that
10 certain 30 foot utility easement along the rear lot line of
.0 k
Lots 42 and 43, Block 1, of LAKE ARTHUR MANOR ADDITION, a
i
subdivision located in Port Arthur, Jefferson County, Texas, G
Ili
according to map or plat recorded in Volume 14, Page 84-B5
e.
of the Map or Plat Records of Jefferson County, Texas.
Executed this 30th day of July ,
V A.D. , 2001.
4 ENTERGY GULF STATES , INC.
CD
.�0MUl By:
0 Ky a Todd, Manager, Area Design r
STATE OF TEXAS § r:
O COUNTY OF JEFFERSON § `
C BEFORE ME, the undersigned authority, on this day
personally appeared Kyle Todd , Manager, Area Design of
ENTERGY GULF STATES, INC., a corporation, known to me to be f'
the person and whose name is subscribed to the above and
n foregoing instrument, and acknowledged to me that he ;i
CD executed the same for the purposes and consideration therein
R. expressed, in the capacity therein stated, and as the act
and deed of said corporation. Al GIVEN_�UUNNDDER MY HAND AND SEAL OF OFFICE this �71/ day of
re t!L/Lr , A.D., 2001.
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I4- 1AMES E. BRYANT / ,
rt Q i COMMISSION DFME$ 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)
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2001 AUG 16 01:13 Pri 2001029519
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