HomeMy WebLinkAboutPR 24726: AUTHORIZING THE CITY MANAGER TO GRANT TO ENTERGY TEXAS, INC. UTILITY EASEMENT P.R. No. 24726
06/16/26 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT TO
ENTERGY TEXAS,INC.A 16' x 100' UTILITY EASEMENT,TOGETHER WITH
A 100' x 100' TEMPORARY WORKSPACE, FOR THE CONSTRUCTION,
RECONSTRUCTION, IMPROVEMENT, REPAIR, OPERATION, INSPECTION,
PATROL, REPLACEMENT, AND MAINTENANCE OF ELECTRIC POWER
AND COMMUNICATION FACILITIES ON A PORTION OF HUGHEN PARK
ALONG LAKESHORE DRIVE.
WHEREAS, the U.S. Army Corps of Engineers (USACE), in partnership with its local non-
federal sponsor,Jefferson County Drainage District No. 7 (DD7),is implementing the Port Arthur Project
as part of the Sabine Pass to Galveston Bay (S2G) Coastal Storm Risk Management Project, a regional
flood risk reduction initiative extending along the upper Texas Gulf Coast from Brazoria County to
Jefferson County; and
WHEREAS, in connection with the Port Arthur Project, Entergy Texas, Inc., through its
consultant M&S Engineering, has requested to purchase a 16' x 100' utility easement and a 100' x 100'
temporary workspace on a portion of City-owned property known as Hughen Park,as depicted in Exhibit
No. 1; and
WHEREAS, the City has determined, based upon an appraisal valuing the property at $2.25 per
square foot, that the fair market value of the proposed 16' x 100' utility easement is $3,600.00, and that a
lease payment of $979.43 for the proposed 100' x 100' temporary workspace for a six-month term is
appropriate; and
WHEREAS, the requested easement and temporary workspace are necessary to facilitate the
relocation of existing electric power and communication facilities affected by the Port Arthur Project and
to allow for the construction, reconstruction, improvement, repair, operation, inspection, patrol,
replacement, and maintenance of such facilities; and
WHEREAS, the City Council finds that granting the requested utility easement and temporary
workspace will assist in the timely implementation of the Sabine Pass to Galveston Bay (S2G) Coastal
Storm Risk Management Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
THAT,the facts and opinions in the preamble are true and correct; and
THAT, Entergy Texas, Inc. will compensate the City of Port Arthur $3,600.00 for the 16' x 100'
Utility Easement and$979.43 for the 100'x 100'Temporary Workspace for a six-month term,for the total
amount of$4,579.43.
THAT,pursuant to §253.001(d) of Texas Local Government Code, the proceeds of the sale may
be used only to acquire and improve property for the purposes for which the sold property was used.
THAT, the City Council hereby authorizes the City Manager to grant and execute the Utility
Easement and Temporary Workspace Agreement to Entergy Texas, Inc., in substantially the forms
attached hereto as Exhibits Nos. 2 and 3.
THAT,said Utility Easement shall be filed for record in the office of the County Clerk of Jefferson
County, Texas.
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
2026, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
Charlotte M. Moses,
Mayor
ATTEST:
Christe Whitley Ned, TRMC
City Secretary
APPROVED AS TO •
Roxann Pais Cotroneo, JD
City Attorney
APPRO FOR ADMINISTRATION:
Ronald o M
City Man r
f( A
Suhail Kanwar, P.E.
City Engineer
Chandra Alpough, CPM, CP
Director of Parks and Recreation
EXHIBIT NO. 1
(Aerial)
t ° `4 A 4 44, r
410
itp°'S'7:':: '''' ''''1l�,, ti
o-
,.. ' ., ,,, 1,,,,,,e,..,, ,,,,,,r ,s,,,i,, �.
G
4 VI
4.
'''' . .4" ' '1.. i..li 'J.,
•
eQ ,i ea .
��l
7.N:1o:
e*
as:t ‘et,,,‘
6005F
,, r
41110t
,,/°
,'
EXHIBIT NO.2
(Utility Easement)
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORDING IN THE
PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
COUNTY OF JEFFERSON §
RIGHT-OF-WAY INSTRUMENT-ENTERGY TEXAS,INC.
KNOW ALL MEN BY THESE PRESENTS THAT: The City of Port Arthur,a municipal corporation,by
and through its authorized representative, acting for and on behalf of its successors, assigns and any other person
claiming the ownership to the property hereinafter described,collectively"Grantor",for and in consideration of One
Dollar, in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,does hereby grant,assign,convey unto and warrant and defend Entergy Texas,Inc.,whose address
is 60 N. 11th Street,Beaumont,Texas,77701,and its successors and assigns,collectively"Grantee",a right-of-way,
servitude and easement sixteen (16) feet in width ("Right-of-Way") for the location, construction, reconstruction,
improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and
communication facilities ("Grantee Facilities"), or the removal thereof, now or in the future, including, but not
necessarily limited to poles, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy
wires,anchors and other equipment,structures,material and appurtenances,now or hereafter used,useful or desired
in connection therewith by Grantee over, across,under,along or on that land of Grantor in the County of Jefferson,
State of Texas described as follows,to-wit:
Being a 1.334-acre tract of land situated in Lot: H, Block: 165, City of Port Arthur, as part of land dedicated in
Judgement, being recorded under Clerks File # Vol: 20, Pg: 506, and Plat being recorded under Clerks File #
2016030984 of the Deed Records of Jefferson County,Texas.("Property")
The Right-of-Way granted is in the area as shown by the attached Exhibit A hereto attached and made a part hereof.
Unless otherwise herein specifically provided,the center line of the Grantee Facilities initially constructed on this
Right-of-Way shall be the center line of the Right-of-Way;together with the right of ingress and egress to and from
the Right-of-Way across the adjoining land of the Grantor.Grantee shall have the right to install and maintain gates
in all existing and future fences crossing the Property where same intersects the Right-of-Way to provide access to
and from the Grantee Facilities,provided such gates will be installed in a manner that will not unreasonably weaken
such fences.
Grantee shall have the full and continuing right,but not the obligation,to clear and keep clear vegetation within or
growing into the Right-of-Way and the further right to remove or modify from time to time trees, limbs, and/or
vegetation outside the Right-of-Way which is dead,decaying or in danger of falling or leaning on Grantee Facilities,
by use of a variety of methods used in the vegetation management industry.
Grantor shall not construct or permit the construction of any structure,obstruction or other hazard within the Right-
of-Way, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only Grantor's
fence(s) and the Grantee Facilities. Grantor shall not construct or permit the construction of any buildings or other
structures on land adjoining the Right-of-Way or change the grade or elevation of the Right-of-Way in violation of
the minimum clearances from Grantee Facilities as provided in the National Electrical Safety Code or other
applicable state and local laws,regulations and ordinances.
[SIGNATURE ON NEXT PAGE]
ETI Distribution Easement—East—Legal Entity Rev.2/2021—398555—CITY OF PORT ARTHUR
IN WITNESS WHEREOF, Grantor, by and through its authorized representative, has executed this Right-of-Way
Instrument on this day of ,2026.
GRANTOR: The City of Port Arthur
Signature
Printed Name
Title
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of ,2026 by
, as the and authorized representative of
The City of Port Arthur[Grantor].
Notary Public,State of Texas
Stamp
Or Commission expires:
Seal
Space Below Reserved For County Clerk's Recording Information
WR#57899393
DD M&S Engineering
AFTER RECORDING, RETURN TO: Entergy Texas, Inc., Right-of-Way Department, 60 N. 11t Street,
Beaumont,TX 77701
Ell Distribution Easement—East—Legal Entity Rev.2/2021—398555—CITY OF PORT ARTHUR
-2-
9 2204 TIMBERLOCH,STE.228,THE WOODLANDS,TX 77380
do WWW.MSENGR.COM
M&S ENGINEERING ® TXENG FIRM#F-1394 I TBPELS FlRM#10169800 LA EF#61913 MS E#27675 AR F#3473
ELECTRICAL I CIVIL I MEP
89289 HUGHEN PARK FN NO. 5025ESBMT. 014
MAY 21, 2026
EXHIBIT "A"
FIELDNOTE DESCRIPTION
PROPOSED 16' UTILITY EASEMENT
BEING A 0 . 037 ACRE (1, 600 SQUARE FEET) TRACT OF LAND SITUATED IN
THE JEREMIAH MIXON SURVEY, A-178, REPLAT OF PART LOT H, BLOCK 165,
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, RECORDED UNDER
DOCUMENT NO. 2016030984, OFFICIAL PUBLIC RECORDS OF JEFFERSON
COUNTY, TEXAS (O. P.R. J.C. , TX. ) , ALSO BEING OUT OF A PLAT OR MAP
RECORDED IN VOLUME 1, PAGE 50, MAP RECORDS OF JEFFERSON COUNTY,
TEXAS (M.R. J.C. , TX. ) , SAID 0 . 037 ACRE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGINNING (GRID COORDINATES N: 13, 905,378.24, E: 3,578,782. 56) AT
A 1/2-INCH IRON ROD LOCATED ON THE WEST RIGHT-OF-WAY LINE OF LAKE
SHORE DRIVE (R.O.W. VARIES) , FOUND FOR THE EAST CORNER OF LOT 1,
BLOCK 165, BEING THE SAME TRACT OF LAND AS CONVEYED UNTO FERNANDO
RAMIREZ BY A DEED RECORDED UNDER DOCUMENT NO. 2012040973
(O. P.R. J. C. , TX. ) , SAID CORNER ALSO BEING THE COMMON SOUTH CORNER
OF SAID LOT H AND THE HEREIN DESCRIBED TRACT, FROM WHICH A 1-INCH
IRON PIPE FOUND FOR THE SOUTH CORNER OF SAID LOT 1 BEARS SOUTH 43°
30' 30" WEST - 67 . 99 FEET;
THENCE, NORTH 25° 49' 19" WEST, DEPARTING FROM THE WESTERN RIGHT-
OF-WAY LINE OF SAID LAKE SHORE DRIVE, ALONG THE NORTH BOUNDARY
LINE OF SAID LOT 1, COMMON WITH THE SOUTH BOUNDARY LINE OF SAID
LOT H, A DISTANCE OF 18 . 38 FEET TO A POINT FOR THE WEST CORNER OF
THE HEREIN DESCRIBED TRACT, FROM WHICH A 1/2-INCH IRON PIPE FOUND
FOR THE NORTH CORNER OF SAID LOT 1 AND THE WEST CORNER OF SAID LOT
H, BEARS NORTH 25° 49' 19" WEST - 347 . 02 FEET;
THENCE, NORTH 34° 41' 43" EAST, DEPARTING FROM THE ABOVE SAID
COMMON BOUNDARY LINE, OVER AND ACROSS SAID LOT H, WITH A LINE
PARALLEL TO AND 16. 00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF
LAKE SHORE DRIVE, A DISTANCE OF 100 . 00 FEET TO A POINT FOR THE
NORTH CORNER OF THE HEREIN DESCRIBED TRACT;
M&S ENGINEERING
ELECTRICAL I CIVIL I MEP
THENCE, SOUTH 25° 49' 19" EAST, CONTINUING OVER AND ACROSS SAID
LOT H, A DISTANCE OF 18 . 38 FEET TO A POINT LOCATED ON THE WEST
RIGHT-OF-WAY LINE OF SAID LAKE SHORE DRIVE, COMMON WITH THE EAST
BOUNDARY LINE OF SAID LOT H, FOR THE EAST CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE, SOUTH 34° 41' 43" WEST, ALONG ABOVE SAID COMMON LINE, A
DISTANCE OF 100 . 00 FEET BACK TO THE POINT OF BEGINNING AND
CONTAINING 0 . 037-ACRES (1, 600 SQUARE FEET) OF LAND, MORE OR LESS.
NOTES :
1 . ALL BEARING SHOWN HEREON ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM OF
1983, 2011 ADJUSTMENT, EPOCH 2010 .
2 . ALL COORDINATES AND DISTANCES ARE GRID VALUES, U. S. SURVEY
FEET .
3 . A PARCEL DRAWING OF EVEN DATE WAS PREPARED IN CONJUNCTION
WITH THIS LEGAL DESCRIPTION.
/vv.-- Pi- " .... ...
05-21-2026 • TAREN HANKS '
....A....6..
TAREN HANKS DATE ,e\tpF1p?41-
REGISTERED PROFESSIONAL LAND SURVEYOR 7C"gEs.... 1
TEXAS REGISTRATION NO. 6787
M&S ENGINEERING
2204 TIMBERLOCH, STE. 228,
THE WOODLANDS, TX 77380
TBPELS FIRM #10169800
PHONE: 830-228-5446
Page 2 of 2
LEGEND
• ALUMINUM DISC,UNLESS NOTED 0 �'1 G O 40 80
P.O.e. POINT Of BEGINNING
C.C.F.NO. COUNTY CLERK'S FILE NUMBER JEREMIAH M IXON SURVEY, A-178 I .. 1
C.M. CONTROLLING MONUMENT SCALE (FEET)
FND. FOUND 1• v 40'
I.P. IRON PIPE
I.R. IRON ROD f--- FND.1/2-INCH I.P.
M.R.4.C.,Tx MAP RECORDS 'N C.LOT 1
OF JEFFERSON COUNTY,TEXAS 'W.C.LOT H
O.P.R.1.c.,TX OFFICIAL PUBLIC RECORDS
OF JEFFERSON COUNTY,TEXAS
PG. PAGE
q PROPERTY LINE yy..Ory
HUGHEN PARK
lee
U.E. UTILITY EASEMENT ^3^
VOL VOLUME
LOT 1
R 1.334 ACRES OF LAND ��
R REPLAT OF PART OF LOT H, BLOCK 165 �'
FERNANDO RAMIREZ CITY OF PORT ARTHUR
LOT 2 DOC.NO.2012040973 JEFFERSON COUNTY, TEXAS
O.P,R,J.C.,TX
DOC. NO. 2016030984
ti" O.P.R.J.C.,TX
FND.1-INCH I.P. PROPOSED 16' U.E.
BEARS S 43°30'30"W,67.99' N 34°41'43"E,100.00' 0.037-ACRES
'SC.LOT 1
•E C.LOT 2 (1,600 SQUARE FEET)
-; ,
T\,
P.O.B. ------ S 34°41'43"W,100.00'
N:13,905,378.24' CITY OF PORT ARTHUR,
E:3,578,782.56' LAKE SHORE DRIVE JEFFERSON COUNTY, TEXAS
a (GRID) (R.O.W.VARIES) VOL. 1, PG. 50
FND.1/2-INCH I.R. VOL.1,PG.50
(C.MJ DOC.NO.2016030984 M.R.J.C.,TX
8 O.P.R.J.C.,TX.
.1
SURVEYOR NOTES: LINE TABLE EXHIBIT DESCRIPTION
1. ALL BEARING SHOWN HEREON ARE
REFERENCED TO THE TEXAS COORDINATE LINE BEARING DISTANCE BEING A 0.037-ACRE(1,600 SQUARE FEET)TRACT OF
SYSTEM,CENTRAL ZONE,NORTH AMERICA L1 N 25'49'19" W 18.38' LAND SITUATED IN THE JEREMIAH MIXON SURVEY,A 178,
2 DATUM OF 1983,201(ADJUSTMENT,EPOCH L2 S 25'49'19" E 18.38'2010. REPLAT OUT OF PART LOT H,BLOCK 165,CITY OF PORT
2. ALL COORDINATES AND DISTANCES ARE GRID ARTHUR,JEFFERSON COUNTY,TEXAS
g VALUES,U.S.SURVEY FEET.
3. THIS BOUNDARY SURVEY IS SUBMITTED WITH A FF FP
SEPARATE LEGAL DESCRIPTION OF EVEN DATE, EXHIBIT B SHEET 1 OF 1
4. THIS SURVEY HAS BEEN PREPARED WITHOUT
THE BENEFIT OF A TITLE COMMITMENT.THE SURVEYORS CERTIFICATE
€ SURVEYOR HAS NOT ABSTRACTED THE SUBJECT 9 2204 TIMBERLOCH,STE.228, ,,c OF TC I,TAREN HANKS,HEREBY CERTIFY THAT THIS SURVEY WAS
PROPERTY,NOR MADE ANY INDEPENDENT THE WOODLANDS,TX 77380 \P'* .SST F,P�J PERFORMEDON THE GROUND UNDER MY SUPERVISION
INVESTIGATION OR SEARCH FOR EASEMENT, ck- c� •, AND THAT THIS PLAT REPRESENTS THE FACTS FOUND AT
RESTRICTIVE COVENANTS OR ANY OTHER *= * THE TIME OF THE SURVEY.
? ENCUMBRANCES OF RECORD THAT MAY WWW.MSENGR.COM TAREN HANKS
E AFFECT THE PROPERTY. 0 TXENG FIRM#F-1394 0 6787 �„
M ELECTRICALS ENGINEERINGIIL I EPLA EFLS FIRM#G198#MSE#21G75 AR F#3473 y��FE s s��?'per 05/21/2026
�° SUR`Iy T EN HANK DATE
8 DATE OF FIELDWORK:04/01/2026 REGISTERED PROFESSIONAL
DATE:05/21/2026 DRAWN BY: DV PROJECT No.5025ESBMT.014 PH 1 LAND SURVEYOR NO.6787
EXHIBIT NO. 3
(Temporary Workspace)
TEMPORARY WORKSPACE AGREEMENT
This Temporary Workspace Agreement (the "Agreement") is entered into as of
,2026 by and between the City of Port Arthur,Texas,a municipal corporation,whose
mailing address is 444 4th Street,Port Arthur,Texas 77640,(referred to collectively,whether one or more,
as("OWNER")and the following Entergy Company("ENTERGY"):
(Check only one)
❑ Entergy Arkansas,LLC
❑ Entergy Louisiana,LLC
o Entergy Mississippi,LLC
o Entergy New Orleans,LLC
X Entergy Texas,Inc.
WITNESSETH:
1. Property.OWNER is the owner of certain property in the City of Port Arthur,Jefferson County, State
of Texas described on Exhibit A attached hereto and made a part hereof(the "Premises").
2. Temporary Use. ENTERGY desires to use the Premises to store, erect, or laydown line equipment
and fixtures, including boring rig, water truck or trailer, backhoe and/or vacuum truck, welding rig,
temporary shoring and/or mats, wire trailer, and/or wire reels, rope, rig, roll pipe, steel encasements,
wire,pull boxes and pulling rope and other equipment or appurtenances useful or desired in connection
with ENTERGY's construction or maintenance activities in support of a utility project located at or
near the Premises(the"Project")for a term commencing on the start date of construction,upon written
notice from Entergy to Owner of such commencement and continuing for one hundred eighty (180)
days(the"Term"), subject to extension by mutual written agreement by OWNER and ENTERGY.
Grantee agrees to promptly repair any damages to the Temporary Workspace Area caused by Grantee
and to restore such to as near to its condition prior to such damage as is practicable, reasonable wear
and tear excepted.
3. Consent To Use. OWNER consents to said use by ENTERGY and its agents, representatives,
employees, contractors and subcontractors subject to the following conditions, which constitute the
consideration for this grant along with other good consideration, the receipt of which is hereby
acknowledged.
A. ENTERGY shall not allow any mechanic's or materialmen's liens to be filed against the
Premises and promptly shall discharge by bond,payment or otherwise any such liens that arise
as a result of ENTERGY'S use of the Premises pursuant to this Agreement.
B. In its use of common drives and passageways on the Premises, ENTERGY shall not block
access by others to the Premises.
C. ENTERGY accepts the Premises in"AS IS"condition and acknowledges that OWNER makes
no warranty as to the condition of the Premises or its suitability for ENTERGY'S proposed
use, provided that OWNER warrants and represents to ENTRGY that it has title to the
Premises, and has secured all rights and approvals necessary to allow ENTERGY to use the
Premises during the Term without interference or additional consent.
4. Rent.ENTERGY agrees to pay to OWNER a one-time access and use fee of Nine Hundred Seventy-
Nine and 43/100 Dollars($979.43).
Form Effective 2-26-25
6. Maintenance. ENTERGY shall have the right to perform tree trimming and other vegetation
management and maintenance activities on the Premises during the term of this Agreement.
7. Damages. ENTERGY will use its best efforts to avoid damage to OWNER'S facilities on the Premises,
and will reimburse OWNER for any such damage caused by ENTERGY'S use of the Premises or the
exercise of ENTERGY'S rights hereunder. ENTERGY shall commit no act of waste and shall make
all repairs to the Premises necessitated by the negligence or misconduct of its agents, employees and
contractors.
8. Assignment. Except to an affiliate and for the same purposes, ENTERGY may not assign its rights
under this Agreement without the prior written consent of OWNER.
9. Costs and Expenses. ENTERGY agrees to be responsible for and pay any costs incurred by OWNER,
including reasonable attorney's fees, in enforcing the provisions of this Agreement.
10. Notices.
A. All notices, requests, consents and other communications hereunder shall be in writing and shall
be dispatched by nationwide overnight courier service, such as (without limitation) Federal
Express,or by United States Certified Mail,Return Receipt Requested,postage prepaid,addressed
to the parties as follows:
OWNER: City of Port Arthur,Texas
Attn: Ron Burton,CPM,City Manager
Telephone: (409)983-8101
Email: ron.burton@portarthurtx.gov
ENTERGY: Entergy Texas,Inc.
Attn: Patrick Taggart, Regional Engineering Manager
Telephone: (409)785-2167
Email: ptaggar@entergy.com
B. Notices under this Agreement shall be deemed given upon the earlier of the date of delivery or the
date upon which delivery is refused.
C. Any changes in the names or addresses set out in subsection A. above shall be through notice in
conformity with the requirements of this Section.
11. Termination. This Agreement shall terminate on the last day of the Term unless extended in writing
by OWNER and ENTERGY. However, the obligations in Section 13 arising during the term of this
Agreement shall survive the termination of this Agreement.
12. Insurance. ENTERGY,at its own expense,shall maintain throughout the term of this Agreement,and
any extension thereof, minimum insurance coverages in the forms and amounts and subject to the
conditions set forth below:
(A) General/Excess Liability Insurance including Contractual Liability Coverage with limits of not
less than $5,000,000 per occurrence for bodily injury and property damage. OWNER shall be
2
included as an additional insured with respect to ENTERGY'S liability arising under this
Agreement.
(B) Workers' Compensation Insurance in accordance with all applicable state laws, including
Employer's Liability Insurance in the minimum amount of$1,000,000 per accident, and which
provides for a waiver of subrogation in favor of OWNER.
(C) Automobile/Excess Liability Insurance including all owned, hired and non-owned vehicles
(including trucks, trailers and other equipment licensed for highway use) with a limit of not less
than$1,000,000 per occurrence for bodily injury and property damage.
(D) Certificates of Insurance. Upon request, ENTERGY shall furnish OWNER with certificates of
insurance evidencing that the coverages required above are in force and that the City of Port Arthur
is an additional insured as required in this Section 12.
(E) Corporate Self-Insurance. ENTERGY may provide the insurance required herein through its
regularly maintained corporate insurance programs, including any combination of primary &
excess policies and any applicable deductibles or self-insured retentions.
13. Indemnity. ENTERGY shall indemnify and hold harmless OWNER and its directors, officers,
stockholders, employees and agents from all claims, liabilities, fines, penalties, losses, damages and
expenses,including reasonable attorneys' fees and court costs,arising out of or in conjunction with any
claim or suit for injury to or death of any person or damage to any property to the extent caused by the
negligence or misconduct of ENTERGY, its agents, representatives, employees, contractors or
subcontractors.
14. Compliance with Laws. ENTERGY shall comply with all laws,ordinances,and regulations in so far
as they pertain to the manner in which ENTERGY uses the Premises. ENTERGY shall not use the
Premises for the treatment or disposal of toxic or hazardous waste or substances. ENTERGY shall
indemnify and hold OWNER harmless against all loss, liability, costs or expense(including fines and
penalties, reasonable attorneys' fees and court costs), or any claims therefore to the extent resulting
from nonperformance or violation of any agreement,representation or warranty in this Section.
15. Applicable Law. This Agreement will be governed by the laws of the state in which the Premises is
located.
THUS DONE AND EXECUTED by the following duly authorized representatives of the parties:
OWNER: CITY OF PORT ARTHUR ENTERGY
By: By:
Name: Name:
Title: Title:
Date: Date:
3
2204STE.228,THE WOODLANDS TX77380
9TIMBERLOCH, ,
d' WWW.MSENGR.COM
M&S ENGINEERING ® TXENB FIRM#F•1394 I TBPELS FIRM#10169800 LA EF#6198 MS E#27675 AR F#3473
ELECTRICAL I CNIL I MEP
89289 HUGHEN PARK FN NO. 5025ESBMT. 014
MAY 21, 2026
EXHIBIT "A"
FIELDNOTE DESCRIPTION
PROPOSED 100' X 100' TEMPORARY WORKSPACE
BEING A 0.200 ACRE (8, 706 SQUARE FEET) TRACT OF LAND SITUATED IN
THE JEREMIAH MIXON SURVEY, A-178, REPLAT OF PART LOT H, BLOCK 165,
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, RECORDED UNDER
DOCUMENT NO. 2016030984, OFFICIAL PUBLIC RECORDS OF JEFFERSON
COUNTY, TEXAS (O. P.R. J.C. ,TX. ) , ALSO BEING OUT OF A PLAT OR MAP
RECORDED IN VOLUME 1, PAGE 50, MAP RECORDS OF JEFFERSON COUNTY,
TEXAS (M.R.J. C. , TX. ) , SAID 0.200 ACRE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGINNING (GRID COORDINATES N: 13, 905,378.24, E: 3,578,782. 56) AT
A 1/2-INCH IRON ROD LOCATED ON THE WEST RIGHT-OF-WAY LINE OF LAKE
SHORE DRIVE (R.O.W. VARIES) , FOUND FOR THE EAST CORNER OF LOT 1,
BLOCK 165, BEING THE SAME TRACT OF LAND AS CONVEYED UNTO FERNANDO
RAMIREZ BY A DEED RECORDED UNDER DOCUMENT NO. 2012040973
(O. P.R. J.C. , TX. ) , SAID CORNER ALSO BEING THE COMMON SOUTH CORNER
OF SAID LOT H AND THE HEREIN DESCRIBED TRACT, FROM WHICH A 1-INCH
IRON PIPE FOUND FOR THE SOUTH CORNER OF SAID LOT 1 BEARS SOUTH 43°
30' 30" WEST - 67 . 99 FEET;
THENCE, NORTH 25° 49' 19" WEST, DEPARTING FROM THE WESTERN RIGHT-
OF-WAY LINE OF SAID LAKE SHORE DRIVE, ALONG THE NORTH BOUNDARY
LINE OF SAID LOT 1, COMMON WITH THE SOUTH BOUNDARY LINE OF SAID
LOT H, A DISTANCE OF 100 . 00 FEET TO A POINT FOR THE WEST CORNER OF
THE HEREIN DESCRIBED TRACT, FROM WHICH A 1/2-INCH IRON PIPE FOUND
FOR THE NORTH CORNER OF SAID LOT 1 AND THE WEST CORNER OF SAID LOT
H, BEARS NORTH 25° 49' 19" WEST - 247 . 02 FEET;
THENCE, NORTH 34° 41' 43" EAST, DEPARTING FROM THE ABOVE SAID
COMMON BOUNDARY LINE, OVER AND ACROSS SAID LOT H, A DISTANCE OF
100 . 00 FEET TO A POINT FOR THE NORTH CORNER OF THE HEREIN DESCRIBED
TRACT;
M&S ENGINEERING
ELECTRICAL I CIVIL I MEP
THENCE, SOUTH 25° 49' 19" EAST, CONTINUING OVER AND ACROSS SAID
LOT H, A DISTANCE OF 100 . 00 FEET TO A POINT LOCATED ON THE WEST
RIGHT—OF—WAY LINE OF SAID LAKE SHORE DRIVE, COMMON WITH THE EAST
BOUNDARY LINE OF SAID LOT H, FOR THE EAST CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE, SOUTH 34° 41' 43" WEST, ALONG ABOVE SAID COMMON LINE, A
DISTANCE OF 100 . 00 FEET BACK TO THE POINT OF BEGINNING AND
CONTAINING 0 . 0200—ACRES (8, 706 SQUARE FEET) OF LAND, MORE OR LESS.
NOTES:
1 . ALL BEARING SHOWN HEREON ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM OF
1983, 2011 ADJUSTMENT, EPOCH 2010 .
2 . ALL COORDINATES AND DISTANCES ARE GRID VALUES, U. S. SURVEY
FEET.
3 . A PARCEL DRAWING OF EVEN DATE WAS PREPARED IN CONJUNCTION
WITH THIS LEGAL DESCRIPTION.
• TAREN HANKS '
05-21-2026 ';' ''g787''.
TAREN HANKS DATE ,<•PEss,6.
REGISTERED PROFESSIONAL LAND SURVEYOR '-4f8 1km-
TEXAS REGISTRATION NO. 6787
M&S ENGINEERING
2204 TIMBERLOCH, STE. 228,
THE WOODLANDS, TX 77380
TBPELS FIRM #10169800
PHONE: 830-228-5446
Page 2 of 2
LEGEND
• ALUMINUM DISC,UNLESS NOTED
P.O.B. POINT OF BEGINNING 0 20 40 80
C.C.F.No. COUNTY CLERK'S FILE NUMBER JEREMIAH MIXON SURVEY, A-178 I I
C.M. CONTROLLING MONUMENT
SCALE (FEET)
TNT. FOUND
1" 40'
I.P. IRON PIPE
I.B. IRON ROD FND.1/2-INCH I.P.(C.M.)M.R.J.C.,TX MAP RECORDS 'N C.LOT 1z...1
OF JEFFERSON COUNTY,TEXAS 'W.C.LOT H
o.P.R.J.C.,TX OFFICIAL PUBLIC RECORDS BEARS N 25°49'19"W,247.02'
OF JEFFERSON COUNTY,TEXAS
PG. PAGE it
IT. PROPERTY LINE N 34°41'43"E,100.00'
U.E. UTILITY EASEMENT
VOL VOLUME
LOT 1
8 / HUGHEN PARK
R FERNANDO RAMIREZ pp'
LOT 2 DOC.NO.2012040973 /pp
O.P.R.J.C.,TxCt......
�$' 1.334 ACRES OF LAND
REPLAT OF PART OF LOT H, BLOCK 165
h° ts
/ CITY OF PORT ARTHUR
_ifa°' JEFFERSON COUNTY, TEXAS
FND.1-INCH I.P. /Cv DOC. NO. 2016030984
BEARS S 43°30'30'.W,67.99' h
S C.LOT 1 / O.P.R.J.C.,TX
'E C.LOT 2
PROPOSED
P.O.B. -----' S 34°41'43"W,100.00' 100' X 100' TEMPORARY
WORKSPACE
N:13,905,378.24' 0.200-ACRES
E:3,578,782.56' LAKE SHORE DRIVE (8,706 SQUARE FEET) 4
-' (GRID) IR.o.w.VARIES) ,"
FND.1/2-INCH I.R. VOL.1,PG.50
(C.M.) DOC.NO.2016030984
B
SURVEYOR NOTES:
€ EXHIBIT DESCRIPTION
' 1. ALL BEARING SHOWN HEREON ARE CITY OF PORT ARTHUR,
REFERENCED TO THE TEXAS COORDINATE BEING A 0.200-ACRE(8,706 SQUARE FEET)TRACT OF
s SYSTEM,CENTRAL ZONE,NORTH AMERICA JEFFERSON COUNTY, TEXAS LAND SITUATED IN THE JEREMIAH MIXON SURVEY,A-178,
,, DATUM OF 1983,201(ADJUSTMENT,EPOCH VOL. 1, PG. 50 REPLAT OUT OF PART LOT 9 AND LOT 10,BLOCK 165,CITY
M.R.J.C.,TX OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS
2010.
2. ALL COORDINATES AND DISTANCES ARE GRID
< VALUES,U.S.SURVEY FEET.
3. THIS BOUNDARY SURVEY IS SUBMITTED WITH A FF F)
SEPARATE LEGAL DESCRIPTION OF EVEN DATE. EXHIBIT B SHEET 1 OF 1
4. THIS SURVEY HAS BEEN PREPARED WITHOUT
THE BENEFIT OF A TITLE COMMITMENT.THE SURVEYORS CERTIFICATE
g SURVEYOR HAS NOT ABSTRACTED THE SUBJECT 9 2204 TIMBERLOCH,STE.228, .. . 0.F, TIC I.TAREN HANKS,HEREBY CERTIFY THAT THIS SURVEY WAS
PROPERTY,NOR MADE ANY INDEPENDENT tP•'�S T F''• PERFORMEDON THE GROUND UNDER MY SUPERVISION
THE WOODLANDS.TX77380 z.' R'•.,r
INVESTIGATION OR SEARCH FOR EASEMENT, c�•• AND THAT THIS PLAT REPRESENTS THE FACTS FOUND AT
RESTRICTIVE COVENANTS OR ANY OTHER *'2- O:* THE TIME OF THE SURVEY.
ENCUMBRANCES OF RECORD THAT MAY CP WWWMSENGR.COM
AFFECT THE PROPERTY. TAREN HANKS
® TXENG FlRM#F 1394 :A 6787reC—_
M&S ENGINEERING TBPELSFlRM#10169800 ' PO �P' 05/21/2026
ELECTRICAL I CIVIL I MEP LA EF#6198 MS E#27675 AR F#3473 l-y•'• :`E S SO°'p`�
tip•
SURvy T EN HANK DATE
DATE OF FIELDWORK:04/01/2026 REGISTERED PROFESSIONAL
U DATE:05/21/2026 DRAWN BY: DV PROJECT No.5025ESBMT.014 PH 1 LAND SURVEYOR NO.6787