HomeMy WebLinkAboutPR 15469: WALMART - UTILITIES EASEMENTinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney ~~,,,~ sp'~l~.i
Date: September 4, 2009
Subject: P. R. No. 15469; Council Meeting September 8, 2009
Attached is P. R. No. 15469 accepting a Utilities Easement
from Wal-Mart for construction, installation, laying, and
maintaining of water utilities in the City of Port Arthur and
accepting and authorizing the execution of an Indemnity Agreement
with the developer and his contractors.
MTS:gt
Attachment
Copy to: Arceneaux & Gates
Barry Benton
Sherry Fitzgerald, Wal-mart
Donald Draper, Wal-mart
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P. R. No. 15469
08/27/09 gt
RESOLIITION NO.
A RESOLIITION ACCEPTING A IITILITIES EASEMENT
FROM WAL-MART FOR CONSTRIICTION, INSTALLATION,
LAYING, AND MAINTAINING OF WATER IITILITIES IN
TH8 CITY OF PORT ARTHIIR AND ACCEPTING AND
AIITHORIZING THE ESECIITION OF AN INDEMNITY
AGREEMENT FROM LIVE OAR ESPRESS REALTY, LTD,
BRAZOS CONTRACTORS, INC. AND A-1 STRIPING AND
PAVING COMPANY
WHEREAS, the City Council of the City of Port Arthur deems it
appropriate to accept a water utility easement from Wal-Mart for
the construction, installation, laying, and maintenance of water
utilities in the City of Port Arthur under, through, and across a
portion of property owned by Wal-Mart in connection with water
utility services of the City of Port Arthur which will facilitate
the development of an adjacent commercial retail center; and
WHEREAS, it is in the best interest of the citizens of Port
Arthur to approve and accept an Indemnity Agreement from the
developer and contractor for the adjacent commercial development
who will be building the water line.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY
OF PORT ARTHIIR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the City Manager is herein authorized and
instructed to execute and accept a utility easement from Wal-Mart
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for the purpose of constructing, installing, laying, and
maintaining water utilities in substantially the same form as
attached hereto as Exhibit "A" with the following insertions, to-
wit, the water line shall be at lest 3.5 feet deep and that work
can be done in November or December so long as the work does not
affect Wal-mart's operations and prior notice shall be given to
Wal-mart.
Section 3. That the easement shall be filed for record in
the office of the County Clerk of Jefferson County, Texas.
Section 4. That the City Manager is herein authorized and
instructed to execute and accept an Indemnity Agreement in
substantially the same form as attached hereto as Exhibit "B".
Section 5. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
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ATTEST:
CITY SECRETARY
APPROVED A3 TO FORM:
CITY ATTORNEY
APPROVED FOR ADMIN23TRATION:
CITY MANAGER
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EXHIBIT "A"
TO THE RESOLUTION
UTILITY EASEMENT
THIS UTILITY EASEMENT ("Easement") is entered into as of the day
of , 200_by and between Wal-Mart Stores Texas, L.P., a Delawaze
limited liability partnership, whose address is 702 S.W. Sa' Street, with offices at 2001 S.
E. l0a' Street, Bentonville, Arkansas 72716-0550, c/o #44-9384 Realty Management
("Grantor"), and whose address is
("Grantee")
WITNESSETH
WHEREAS, Grantor is the owner of that certain tract or pazcel of land situated in
the City of ,County of ,State of ,more
particulazly described in Exhibit A attached hereto and made a part hereof ("Grantor
Tract"); and
WHEREAS, Grantee has requested from Grantor and Grantor is desirous of
granting to Grantee, a nonexclusive easement over a portion of the Grantor Tract
("Easement Tract") for the extension of utilities more particulazly described on Exhibit B
attached hereto and made a part hereof ("Utility Easement") and as depicted on the site
plan attached hereto and mazked Exhibit C.
NOW THEREFORE, in consideration of one dollaz ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Grantor does hereby grant to Grantee a nonexclusive easement for utility extensions over,
across and under the Easement Tract, subject to the following terms and conditions to
which the parties hereto do hereby agree:
1. Easement for Extension of Utilities. Grantor hereby grants to Grantee the
nonexclusive Utility Easement on the Easement Tract for the extension of utilities that
may reasonably be needed for making underground utility connections for the specific
purpose of installing a water line. Grantee agrees to repair any damage caused to
Grantor's Tract that is a direct or indirect result of the acts or negligence of Grantee,
Grantee's customers, employees, invitees, or contractors in installing, extending,
maintaining, removing, or repairing the utilities. in the exercise of such rights, Grantee
shall not take or cause to be taken any action which would constitute a material change to
the original civil engineering plan for the Grantor's Tract and Grantee shall use best
efforts to minimize to the extent practicable any damage to or interference with the use
and enjoyment of any other tract or of any business conducted thereon, including but not
limited to the Grantor Tract. Grantee shall exercise Grantee's utility extension rights in
such a manner that will cause minimal dismption to the on-going business operation of
Grantor. Grantee also agrees not to disrupt the Easement Tract during the months of
November and December.
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2. Use. Grantee, through its officers, employees and agents, shall have the
right to enter upon the Easement Tract in such a manner and at such times from the date
hereof as may be reasonably necessary for the purpose of constructing, building, laying,
patrolling, replacing and maintaining thereon certain ,including
such repairs, replacements and removals as maybe from time to time required. Said right
shall be perpetual, but should Grantee cease to use, maintain and/or repair said easement
line(s) for a period of two (2) yeazs, then the applicable utility lines or appurtenances
thereon installed in, upon or under the Easement Tract shall be removed by Grantee
within thirty (30) days notice from Grantor. Said utility extension lines shall be laid so
that the top thereof shall be buried not less than feet below the natural surface
of the ground, or deeper as may be required by applicable law. In no event shall the
Easement Tract be used by Grantee as a staging area for any equipment, trucks, dirt,
supplies, soil or material.
3. Maintenance. (a) Grantee shall restore the surface of the Easement Tract
to its original condition immediately following any of Grantee's permitted activities
within the Easement Tract, so that Grantor, its successors and assigns, shall have the free
and unobstructed use thereof, subject to the rights of Grantee herein provided. Grantee
will make no unreasonable interference with such use of the surface of said lands by
Grantor, its successors and assigns.
(b) Grantee, following the initial installation, and upon each
and every occasion that the same is repaired, renewed, added or removed, shall restore
the Easement Tract and Grantor Tract, and any such landscaping, sod, trees, shrubbery,
buildings or improvements disturbed or damaged thereon, to a condition as they were
prior to any such installation or work, including but not limited to the restoration of any
topsoil.
(c) If, in an emergency, it shall become necessary for
Grantor to promptly make any repairs that otherwise would have been the responsibility
of Grantee, or if Grantee shall fail to adequately maintain the Easement Tract as
provided herein, then Grantor, at Grantor's sole option, but not obligation, may proceed
forthwith to have the repairs made and pay the cost thereof, and to receive
reimbursement therefor from Grantee within thirty (30) days after a written request for
same. hi such instances, Grantor shall provide Grantee with oral notification of its
intention to make such repairs or the occurrence of such repairs, at the eazliest
practicable time given the nature and extent of the emergency.
4. Indemnification and Insurance. (a) Grantor, its successors and assigns,
will not be responsible for damage by others to said utility lines. Grantee shall
indemnify, defend and hold harmless Grantor from any damages or liability to persons or
property that might arise from the use, construction, removal, operation or maintenance of
the Utility Easement and associated lines by Grantee, its agents, employees, contractors,
or anyone authorized by Grantee.
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(b) Grantee will carry and keep in force, at its own expense,
Commercial General Liability insurance with companies that do business in this State, in
an amount not less than $2,000,000.00 single limited personal injury and property
damage; and $2,000,000.00 combined personal injury and property damage. All policies
of insurance shall be considered primary of any existing, similar insurance carried by
Grantor. Grantee shall famish Grantor with a Certificate of Insurance upon written
request.
5. Hazazdous Waste. Grantee (hereafter the indemnifying party), its
successors and assigns, shall indemnify, defend and hold harmless Grantor from and
against any and all losses, liabilities (including strict liability), damages, injuries,
expenses, and costs including, without limitation, reasonable attorney's fees, of any
settlement or judgment and claims of any and every kind whatsoever paid, incurred or
suffered by, or asserted against, Grantor, its successors and assigns by any person or
entity or governmental agency, for, with respect to, or as a duect or indirect result of the
escape, seepage, leakage, spillage, emission, discharge or release of any Hazazdous
Substance" and/or "Hazardous Material" (as those terms may be defined in the acts
recited hereinbelow) resulting from the operations of Grantee upon or under any pazcel of
land owned by Grantor including without limitation, any losses, liabilities (including
strict liability), damage, injuries, expenses, and costs, including, without limitation,
reasonable attorney's fees, of any settlement or judgment or claims asserted or azising
under, as amended, the Comprehensive Environmental Response, Compensation and
Liability Act, the Superfund Amendment and Reauthorization Act, the Resource
Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal
Environmental Pesticides Act, the Clean Water Act (and any and all amendments to the
above-referenced acts), any so called federal, state or local "Superfund" or "Superlien"
statute, or any other statute, law, ordinance, code, rule, regulation, order or decree
regulating, relating to or imposing liability (including strict liability), or standazds of
conduct concerning any such Hazardous Substance and/or Hazardous Material.
6. Duration. The agreement contained herein and the rights granted hereby
shall run with the title to the Easement Tract and shall bind and inure to the benefit of the
parties hereto and their respective heirs, successors, sublessees and assigns; subject,
however, to the termination provisions of Pazagraph 2 herein above.
7. Relocation. (a) Grantor reserves the right to modify or relocate the utility
lines, Utility Easement and associated easements, if any, at the expense of Grantor,
provided any such modification or relocation does not prevent adequate delivery of such
utility services.
(b) In case of the opening of a public road or street to or
upon the Grantor Tract, then any portion of such line interfering with the proper
constmction and maintenance of such road or street shall be adjusted accordingly by
Grantee, at Grantee's expense, so as not to interfere with such road or street or Grantor's
business operations.
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8. Hazardous Materials. Grantee, and Grantee's successors and assigns, shall
indemnify, defend and hold harmless Grantor from and against any and all losses,
liabilities (including strict liability), claims, causes of action, damages, injuries, expenses
and costs, including without limitation reasonable attorney's fees of any settlement,
judgment or claims of any and every kind whatsoever paid, incurred or suffered by, or
asserted against, Grantor, and its successors and assigns, by any person or entity or
governmental agency, for, with respect to, or as a direct or indirect result of, the
construction of Grantee's improvements, use of Grantee's improvements by Grantee, its
customers, suppliers, employees, and tenants or anyone else using the such
improvements, the use of the Utility Easement, or any claims the escape, seepage,
leakage, spillage, emission, dischazge or release of any hazardous substance resulting
from the operations of Grantee upon or under any tract of land owned by Grantor
including without limitation, any losses, liabilities (including strict liability), damage,
injuries, expenses and costs, including, without limitation, reasonable attorney's fees, of
any settlement or judgment or claims asserted or arising under, as amended, the
Comprehensive Environmental Response, Compensation and Liability Act, the Superfund
Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the
Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean
Water Act, any so called federal, state or local "Superfund" or "Superlien" statute, or any
other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to
or imposing liability (including strict liability), or standards of conduct concerning any
hazardous substance.
9. Storm Water Requirements. In exercising any rights and privileges under
this Easement, Grantee shall comply fully with any federal, state or local laws,
regulations, ordinances, permits or other authorizations or approvals or other
requirements relating to storm water dischazges or the control of erosion or sediment
dischazges from construction projects, including but not limited to the Clean Water Act,
33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Dischazges Associated
with Construction Activities (collectively the "Storm Water Requirements"). In addition
to any other provisions of any Storm Water Requirements:
A. Grantee shall, as required by any Storm Water Requirements,
prepaze a Storm Water Pollution Prevention Plan (the "Grantee SWPPP") for that
part of the property owned by Grantor on which Grantee plans to conduct earth-
disturbing activities, including but not limited to the Easement Tract. The
Grantee SWPPP shall identify and describe the role of any other contractor, entity
or individual contemporaneously undertaking earth-disturbing activities in
complying with the Storm Water Requirements, and shall identify the manner in
which Grantee and any such contractor, entity or individual shall coordinate to
comply with the Storm Water Requirements and to avoid negatively impacting
any erosion or sediment controls during earth-disturbing activities. Grantee shall
provide Grantor with a copy of the Grantee SWPPP prior to initiating any earth-
disturbing activities.
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B. Grantee shall, as required by any Storm Water Requirements,
submit a "Notice of Intent" (as such term is commonly defined in the
environmental compliance industry) or other permit application prior to initiating
any ground-disturbing activities at the property owned by Grantor, including but
not limited to the Easement Tract, covering the number of acres which will be
disturbed by Grantee. Grantee shall submit such Notice of Intent or other permit
application regazdless of whether Grantor or any agent or contractor of Grantor
has also submitted any Notice of Intent or other permit application, unless any
Storm Water Requirements expressly prohibit such submittal. Grantee shall
provide Grantor with a copy of the Notice of Intent or other permit application
prior to initiating any earth-disturbing activities.
C. If Grantee and Grantor, or any agent or contractor of Grantor,
contemporaneously undertake any earth-disturbing activities, Grantee shall attend
any weekly meetings held by Grantor, or any agent or contractor of Grantor, to
review the requirements of any applicable permits, the Grantee SWPPP and other
SWPPPs prepazed for the property owned by Grantor, including but not limited to
the Easement Tract, to address any problems that have azisen in implementing the
SWPPPs or maintaining Best Management Practices ("BMPs" .
D. In the event Grantee, in exercising the rights and privileges of this
Easement requires the development and/or use of borrow, material, equipment or
waste storage sites, Grantee agrees it shall, prior to the development and/or use of
such sites, obtain any permits or approvals necessary for the legal use of such
sites, and shall also comply with all laws, regulations and permit conditions
applicable to such sites.
10. Immigration Requirements. Grantee shall (i) comply in all respects with
all immigration laws, statutes, rules, codes and regulations, (ii) properly maintain all
records required by the United States Citizenship and Immigration Services (the
"USCIS"), including, without limitation, the completion and maintenance of the Form I-9
for each of Grantee's employees, and (iii) respond in a timely fashion to any inspection
requests related to such I-9 Forms. Grantee shall fully cooperate in all respects with any
audit, inquiry, inspection or investigation that maybe conducted by the USCIS of Grantee
or any of its employees. Grantee shall, on a bi-annual basis during the term of this
Easement, conduct an audit of the I-9 Forms for its employees and shall promptly correct
any defects or deficiencies which aze identified as a result of such audit. Grantor may, in
its sole discretion, terminate this Easement immediately if, at any time during the term,
(x) Grantee violates or is in breach of any provision of this pazagraph or (y) the USCIS
determines that Grantee has not complied with any of the immigration laws, statutes,
rules, codes and regulations of the United States. Grantee shall require all subcontractors
performing any work on the Utility System to comply with the covenants set forth in this
paragraph.
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11. Permits and Licenses. Grantee shall secure, maintain and comply with all
required licenses, permits and certificates relating to, or otherwise necessary or
appropriate for, the construction, installation, repair, replacement and maintenance of
Grantee's improvements. Grantee shall comply with any and all applicable federal, state
and local laws, rules, regulations, statutes, codes, orders and ordinances, including, but
not limited to, those governing the prevention, abatement and elimination of pollution
and/or protection of the environment and the employment of its workers. Grantee
acknowledges that it is Grantee's sole responsibility to obtain any governmental permits
to perform any required maintenance checks, and to abide by any governmental
regulations associated with the use, construction, patrolling, replacement and
maintenance of Grantee's improvements, as applicable.
12. Default by Grantee. If Grantee defaults in the performance of any
provision contained in this Easement, Grantor may terminate this Easement following
written notice and aFifteen-(15) day period during which Grantee shall have .the
opportunity to cure such default to Grantor's satisfaction. If Grantor terminates this
Easement under this provision, Grantee may exercise any and all remedies available at
law or inequity.
13. Payment. Any reimbursable due under this agreement (payment
reimbursing Wal-Mart for an expenditure made on behalf of Grantee) should be sent to
either of the following addresses:
(Regulaz Mail)
Wal-Mart Stores,lnc.
P.O. Box 502215
St. Louis, MO 63150-2215
OR
(Overnight Mail)
Wal-Mart Stores, Inc.
800 Market St., 4th Floor
Lockbox # 502215
St. Louis, MO 63101
Any receivable (excepting reimbursable) due Wal-Mart under the terms of this agreement
should be sent to either of the following addresses:
(Regulaz Mail)
Wal-Mart Stores, Inc.
P.O. Box 500620
St. Louis, MO 63150-0620
OR
(Overnight Mail)
Wal-Mart Stores, Inc.
800 Mazket St., 4th Floor
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Lockbox # 500620
St. Louis, MO 63101
13. Compliance with Law. Grantee, in exercising the privileges granted by
this Easement, shall comply with all applicable federal, state, county and municipal laws,
ordinances and regulations.
14. Headin¢s. The headings of the paragraph contained herein aze intended
for reference purposes only and shall not be used to interpret the agreement contained
herein or the rights granted hereby.
15. Counterparts. This agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall constitute
one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the
day and year first above written.
ATTEST:
ATTEST:
GRANTOR
By:
Title:
GRANTEE:
By:
Title:
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TRUST ACKNOWLEDGMENT
STATE OF ARKANSAS )
)§
COUNTY OF BENTON )
On this day of
before me, the
undersigned notary public in and for said County and State, personally appeared Nick
Goodner to me personally known, who, being by me duly sworn, did say that he is
Duector, Realty Management of WAL-MART STORES TEXAS, L.P. and that the seal
affixed to the foregoing instrument is the seal of said partnership, and that said instrument
was signed and sealed on behalf of said partnership by authority of Wal-Mart Stores
Texas, L.P., and said acknowledged said instrument
to be the free act and deed of said partnership.
WITNESS MY HAND and notarial seal subscribed and affixed in said County
and State the day of
NOTARY PUBLIC
My Commission Expires:
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CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
)§
On this day of ,before me, the undersigned
notary public in and for said County and State, personally appeazed
to me personally known, who, being by me duly sworn, did say
that he is of , a corporation, and that the
seal affixed to the foregoing instrument is the seal of said corporation, and that said
instrument was signed and sealed on behalf of said corporation by authority of its Boazd
of Directors, and said acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND and notarial seal subscribed and affixed in said County
and State the day of >
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT "A" TO EASEMENT TO BE FURNISHED
BY WALMART
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ABCExEAVx ARCENEAUX & GATES
~ Consulting Engineers, Inc.
GATES Engineers • Surveyors • Planners
EXHIBIT "B"
METES AND BOUNDS DESCRIPTION OF A
15 FEET WH)E WATERLINE EASEMENT OUT
OF LOT 8, BLOCK 8, RANGE "G" PORT ARTHUR
LAND COMPANY SUBDIVISION, PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
Being a 15 feet wide tract or pazcel of land for waterline easement purposes, a portion of that
certain tract of land (called 88.68 acres) as conveyed by deed dated October 28, 2003 to Wal-
Mart Stores East, Inc., recorded in Clerk's File No. 2003047785 of the Official Public Records
of Real Property, County Clerk's Office, Jefferson County, Texas, also being out of Lot 8, Block
8, Range "G" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22
of the Map Records of said County and being more particulazly described by metes and bounds
as follows;
FOR LOCATIVE PURPOSES, commence at a point located on the Southwesterly line of State
Highway No. 347 (a.k.a. Twin City Highway) marking the Northeast comer of that certain tract
of land (called 6.047 acres) as conveyed by deed dated August 27, 2008 to Live Oak Express
Realty, LTD., recorded in Clerk's File No. 2008031581 of said Official Public Records, this
point having a TSP Coordinate Value of North I3,924,747.09 and East 3,569,730.09;
THENCE South 53 deg. 20 min. 38 sec. East (South 48 deg. 47 min. 00 sec. East -R.O.W.
Deed) along the said Southwesterly Right of Way line of Twin City Highway and Easterly line
of said 6.047 acre tract a distance of 25.00 feet to a %:" steel rod with cap marked Arceneaux &
Gates found for reference marking the Southeast comer of a 5 feet wide easement for sanitary
sewer purposes as recorded in Volume 1638, Page 399 of the Deed Records of said County, this
point also being located on the North line of a proposed 15 feet wide waterline easement out of a
proposed 5.907 acre Replat of said 6.047 acre tract of land;
THENCE South 36 deg. 30 min. 14 sec. West, departing said Southwesterly Right of Way line
along the South line of said 5 feet wide sanitazy sewer easement and North line of said proposed
15 feet waterline easement a distance of 303.83 feet to a %," steel and with cap mazked
Arceneaux & Gates found for reference located on the West line of said 6.047 acre tract and East
line of said 88.68 acre tract marking the Northeast comer and POINT OF BEGINNING of the
herein described tract of land, this point having a TSP Coordinate value of North 13,924,499.89
and East 3,569,554.08;
Page 1 of 4
ZU&41A4G SVRVEYINGVAEiES t RDUNDSUUpq~eCD-OIO~D.doc
One Turtle Creek Square 3501 iLnle Creek Drive. Suite 102 Pan Arthur Texas 77642 (4891724-7888 FAR (489) 729-1447
EXHIBIT "B"
THENCE South 53 deg. 17 min. 15 sec. East (South 48 deg. 47 min. 00 sec. East - 88.68 acre
tract) along the West line of said 6.047 acre tract and the East line of said 88.68 acre tract with
the East line of this tract a distance of 15.00 feet to a point mazking the Southeast comer of the
herein described tract of land;
THENCE South 36 deg. 30 min. l4 sec. West, over and across said 88.68 acre tract along the
South tine of this tract a distance of 303.97 feet to a point located on the West line of said Lot 8,
Block 8, Range "G" and East Line of Lot 7, Block 8, Range "G" of said Port Arthur Land
Company Subdivision marking the Southwest comer of the herein described tract of land, this
point also being located on the East line of an existing 20 feet wide water and sewer easement in
favor of the City of Port Arthur as recorded in Volume 1428, Page 479 of said Deed Records;
THENCE North 53 deg. 20 min. 38 sec. West (North 48 deg. 47 min 00 sec. West -Port Arthur
Land Company Subdivision Plat) along the common line of said Lot 7 and Lot 8 and the East
line of said 20 feet wide easement with the West line of this tract a distance of 15.00 feet to a
point mazking the Northwest comer of the herein described tract of land;
THENCE North 36 deg. 30 min. 14 sec. East along the North line of this tract a distance of
303.98 feet to the Northeast corner and POINT OF BEGINNING and containing in azea 4,560
squaze feet or 0.105 acres of land, more or less.
Surveyed: August, 2009
~~~ ~?~~I~l~l~ (1~Pr ~f
John R. (Bob) Hodges R.P.L.S. #4583
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone, NAD 83 Datum. Acreage expressed in surface area
Grid Scale Factor = 0.999919242
An Exhibit of even date is being submitted with and being made a part of this metes and bounds
description.
Page 2 of 4
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PROPOSED FEE TITLE TRANSFER TO
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I I OP.RJ.C.
I I TRACT 2
II 0.73£AORES
II I
II TRACTI I
I I 1.447 ACRE5 g~
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10T 20
WHITING ACRE ADDITION
VOL. 4 PAGE 32 M.RJ.C.
JUDGEMENT DEED
STATE OF TEXAS
VOL. 1501 PC. 359
D.R.J.C.
i PROPOSED 15' DRAINAGE EASEMI
yl~ TO JEFFERSON COUNTY DD~7
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TEXAS REGISTERED ENGINEERING FIRM F•30
EXHIBIT "C"
rNO. r eou
• rams
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NOTE: BEARINGS, DISTANCES, AND COORDIN
REFERENCED TO THE TEXAS SPATE PLANE
COORDINATE SYSTEM, SOUTH CENTRAL ZONE,
NAO 83 DATUM. GRID SCALE FACTOR AT
POIM OF COMMENONC IS 0.999919242
wl ~ N~j ACREAGE E~RESSFD M SURFACE AREA
,4r1 ~ z SEE PACE 4 FOR UNE TABLE DATA
7
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~ ~ (N 48.47'00' W ROW DEED)
N 53'20'38'W45.00'
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PROPERTY CORNE
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rlr • POINT
FOR CORNER
~'~ POC POINT OF COMMENCMC
:I'~
..,r POB POINT Of BEGINNING
PROPOSED 15' WATER LINE EASEMENT PAGE
LOCATED ON THE
WAL-MART STORES EAST, INC. PROPERTY
OUT OF LOT 8, BLOCK 8, RANGE "G" of
PORT ARTHUR LAND COMPANY SUBDIVISION
PORT ARTHLIR..IFFFPRRnM c7v lnnv rv
DATE: AUGUST 2009 SCALE: 1'=200 DRAWN: JDC
PROJ. No.: BCD-010 VERSION: AUfOCAD 2D10 CHECKED: JRH
~~
EXHIBIT "C"
LINE TABLE DATUM
NUMBER DIRECTION DISTANCE
~1) S 53°20'38" E 25.00'
~2) S 36°30'14" W 303.83'
C3) S 53°17'15" E 15.00'
~4) S 36°30'14" W 303.97'
~5) N 53°20'38" W 15.00'
~6) N 36°30'14" E 303.98'
POINT OF COMMENCING COORDINATE
NORTHING 13,924,747.09
FASTING 3,569,730,.09
POINT OF BEGINNING COORDINATE
NORTHING 13,924,499.89
EASTlNG 3,569,554.08
FpR REVdE~ O
NLY
PROPOSED 15' WATER LINE EASEMENT
LOCATED ON THE
WAL-MART STORES EAST, INC. PROPERTY
®
ARCSNEAIJ7[ k CATBS OUT OF LOT 8, BLOCK 8, RANGE "G"
~~~~ CO°'O~~O` ~°""' ~°°' PORT ARTHUR LAND COMPANY SUBDIVISION
toyew° eam~on Pluvq
c Tas ° ,,0114i1,, ~ d,,,. ,,,,, „° PORT ARTHUR JEFFERSON COUNTY TX
r.,a ..w°., ro.. xw
~"`a°y avs'6 NM +~-~w
DATE: AUGUST 2009
SCALE: NTS
DRAWN: JDG
TEXAS REGISTERED ENGINEERING FIRM F-30 PROD. No.: BCD-010 VERSION: AUTOGID 2010 CHECKED: JRH
0
1
1
PAGE
4
OF
4
EXHIBIT "B"
TO THE RESOLUTION
INDEMNITY AGREEMENT
THIS INDEMNITY" AGREEMENT (the "Agreement"), is made and entered into
this day of September, 2009 by and between Live Oak Express Realty, Ltd.
{"Owner") Brazos Contractors and Developers, Inc. ("GC") and A-I Striping and Paving
Company ("Utility Contractor") (collectively "Indemnitors") and City of Port Arthur ("City" or
"Indemnitee").
WHEREAS, Wal-Mart Stores Texas, L.P., ("Wal-Mart") has granted Indemnitee an
easement over a portion of its property to facilitate the installation of a water line under terms
and conditions more particularly described in a utility easement agreement, a copy of which is
attached hereto as Exhibit "A" (the "Utility Easement").
WHEREAS, as a condition to the grant of easement by Wal-Mart, Indemnitee is required
to provide Wal-Mart with certain assurances and indemnities in connection with the installation,
maintenance and use of the improvements, as more particularly described in the Utility
Easement.
WHEREAS, Owner will benefit from the installation of the water line as to provide water
for an adjacent commercial development as well as to the general public and has contracted with
GC and Utility Contractor For the installation of the water line on the portion of the property that
is owned by Wal-Mart, at a cost to the Owner of less than $25,000, of which the water line, once
constructed to City specifications, will thereafter be deeded and turned over to the City to be
within an easement as dedicated by Walmart.
WHEREAS, Owner will provide a certificate of liability insurance, evidencing coverage for
the operations of Utility Contractor in an amount not less than $2,000,000 and showing the City as
an additional insured.
WHEREAS, Indemnitee has agreed to allow GC and Utility Contractor to install the water
line provided Owner, GC and Utility Contractor provide an indemnity of Indemnitee's obligations to
Wal-Mart described in the Utility Easement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
] . Indemnity. Indemnitors will indemnify and agree to hold Indemnitee harmless from
all liability, loss, damage or expense, including reasonable attorney's fees and expenses, which the
Indemnitee sustains which is a claim covered by the terms of the Utility Easement, excepting only
claims arising out the gross negligence, intentional act or willful misconduct of Indemnitee or any
person claiming under Indemnitee and provided Indemnitee gives Indemnitors prompt written notice
of the assertion of any such claim, or the commencement of any suit, action or proceeding in respect
of which indemnity maybe sought hereunder.
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2. Defense of Claim. Upon receipt by Indemnitors of a claim as provided herein,
Indemnitor shall be entitled to participate in and direct the defense of such claim, at Indemnitors'
expense. Indemnitee shall cooperate fully with Indemnitors in the defense and settlement, if
appropriate, of any claim which is covered by this Agreement. So long as Indemnitors diligently
defend, or otherwise makes reasonably acceptable arrangements to handle such claims, Indemnitors
shall not be liable to Indemnitee for any legal or other expenses subsequently incurred by Indemnitee,
except for such expenses as the Indemnitee may incur at the request of the Indemnitors.
3. Succession of Assienee. This Agreement shall inure to and bind the successors and
assigns of the parties hereto.
4. Invalid Provisions. If any provision of this Agreement be held to be void or
unenforceable under the laws of any place governing its construction or enforcement, this agreement
shall not be void or vitiated thereby, but shall be construed to be in force with the same effect as
though such provisions were omitted.
5. Notice. Written notice shall be deemed to have been duly served if delivered to the
person or to a member of the Firm or to an officer of the corporation for whom it was intended, or if
delivered at or sent by Certified Mail, return receipt requested, or by facsimile transmission to the
address shown herein.
6. Venue Provisions. This Agreement shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties created hereunder aze performable in
Jefferson County, Texas.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
INDEMNITORS:
LIVE OAK EXPRESS REALTY, LTD.
By Pinnacle Alliance Fund, Inc.,
its general partner
Robert H. Cranshaw, Jr.
Vice President
BRAZOS CONTRACTORS DEVELOPERS, INC.
Robert H. Cranshaw, Jr.
President
CdDocumms and SasinynmartsROOI SmmgstTemporuy Imnna Files~Comrnl.l ES`ON65GRVPIndemnny Abmeement.doc
A-1 STRIPING AND PAVING COMPANY.
By:
John G. Meador, Jr.
President
CITY OF PORT ARTHUR
By:
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EXHI- BIT "A"
(copy of Utility Easement)
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