HomeMy WebLinkAboutPR 12954:TEXAS GAS EASEMENTinteroffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Mark T. Sokolow, city Attorney ~~
Date: December 10, 2004
Subject: P. R. No. 12954; EDC/City Joint Meeting
December 14, 2004
Attached is P. R. No. 12954 a Resolution as it pertains to
approving easements at the City of Port Arthur Section 4A Economic
Development Corporation Business Park on Spur 93. KinderMorgan and
Texas Gas Service are still reviewing the easements. If there are
any changes, I will inform you on Tuesday.
MTS:jw
Attachment
CC: VIA FACSIMILE (409) 962-4445
EDC Executive Director
Ike Mills
VIA FACSIMILE (337) 783-6044
ATTN: Leonard Beard
KINDERMORGAN
VIA FACSIMILE~ (409) 866-0337
william R. Hughes, Jr., P.E.
Project Manager
SCF~AUMBURG & POLK, INC.
VIA FACSIMILE (409) 963-7133
Milton Westbrook
TEXAS GAS SERVICE
P. R. No. 12954
12/10/04 jw
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO APPROVIN~
EASEMENTS AT THE CITY OF PORT AKTHUR SECTION
4A ECONOMIC DEVELOPMENT CORPORATION BUSINESS
PARK ON SPUR 93
~THEREAS, easements from Texas Gas and Kinder Morgan are
needed to be executed as it pertains to the City of Port Arthur
Section AA Economic Development Corporation Business Park at
Spur 93;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COD~NCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the 'facts and opinions in the preamble
are true and correct.
Section 2. That the Executive Director of the City of
Port Arthur Section AA Economic Development Corporation is
herein authorized to execute the easements as delineated in
substantially the same form as attached Exhibit "A" and
Exhibit "B".
Section 3. That a copy of this caption be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2004, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES: Mayor '
Council Members '
z.pr12954
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED BY THE CITY OF PORT AKTHI~R SECTION 4A
DOMIC DEVELOPMENT CORPORATION:
EXHIBIT ~A"
To the Resolution
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE pRESENTS:
COUHTY OF JEFFERSON §
THAT for and in consideration of the sum of TEN DOLLARS ($10.00)
AND OTHER considerations to the undersigned (herein styled Grantor,
whether one or more), paid, the receipt of which is hereby acknowledged,
and subject to the agreements, covenants and conditions hereinafter
stated, the City of Port Arthur Section 4A Economic Development
Corporation does hereby BARGAIN, SELL AND GRANT unto Texas Gas Service
(herein styled Grantee), its successors and assigns, a non-exclusive
easement to maintain a regulator station for natural gas on land
described in Exhibit
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so
long as the rights and easements herein granted, or any of them, shall be
used by Grantee for the purposes herein granted, with ingress to and
egress from the premises, for the purposes of operating and maintaining a
regulator station.
Grantee hereby agrees to maintain and operate the regulator station
so as not to interfere with the adjacent business park of the City of
Port Arthur Section 4A Economic Development Company and to pay damages
which may arise to the business park from the construction, maintenance
and operation of said regulator station, or from any break, defect or
leak therein, said damages, if not mutually agreed upon, shall be
ascertained and determined by three disinterested persons, one thereof to
be appointed by the said Grantor, one by the said Grantee, and the third
by the two so appointed as aforesaid, and the written award of such three
persons shall be final and conclusive.
SIGHED AND AG~D TO on this the __ day of ,
2004.
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPOi~ATION
BY:
THE STATE OF TEXAS §
COU~T~Y OF JEFFERSON §
BEFORE ME, THE UNDERSIGHED Notary Public, on this day
personally appeared , a duly authorized
representative of the City of Port Arthur Section 4A Economic
Development Corporation, known to me to be the person whose name is
described to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of City of Port Arthur Section
4A Economic Development Corporation, for the purposes and
considerations therein expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the __ day of
, 2004.
Notary Public in and for the
State of Texas
SIGNED AND AGP~D TO on this the __ day of ,
2004.
TEXAS GAS SERVICE
BY:
ACI~OWLED~EMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, THE UNDERSIGNED Notary Public, on this day
personally appeared , a duly authorized
representative of Texas Gas Service, known to me to be the person
whose name is described to the foregoing instrument, and acknowledged
to me that he executed the same as the act and deed of Texas Gas
Service, for the purposes and considerations therein expressed, and
the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the __ day of
, 2004.
Notary Public in and for the
State of Texas
z. edc_sug_easement
EXHIBIT "A"
to the Easement
Schaumburg & Pollo, Inc. a .... ,7,u7
Phone 1409I 866-0341
DESCRIPTION
OF A 15' WIDE STRIP OF LAND
FOR A NON-EXCLUSIVE EASEMENT
FOR TEXAS GAS
WM. McFADDIN SURVEY, ABSTRACT NO. 416
jEFFERSON COUNTY, TEXAS
DECEMBER 9, 2003
All that certain tract or parcel of land lying and being situated in Jefferson Connty, Texas,
part of the WM. McFADDIN SURVEY, ABS'fI~.ACT NO. 416, alld tire said tract herein
described being parts of Block 15, Range N, Block 15, Range. O, Block 16, Range O and Block
16, Range P of the Lands of the Port Arthur Land Co., the plat of which said subdivision is of
record in Volume 1, Page 22 of the Map Records of Jefferson County, Texas, and the said tract
herein described being a part of that certain tract of land herein referred to as the "McFaddin and
· . . . ' esi mated "TRACT NO. 18-C" and s
Cordts" tract, which satd McFaddm and Cordts tract s d g
described in that certain instrument from W.P.H. McFaddin, Jr., and J.L.C. McFaddin, as
Trustees of The McFaddin Trnst to J.L.C. McFaddhl, to Di McFaddin Houk, to Perry Mcl'~uddln
Doncan, to W.P.H. McFaddin, Jr., to Mamie McFaddin Ward, to Cumelia B. McFaddin and Di
Vernor~ McFaddin Cordts, to W.P.H. McFaddin Jr., and J.L.C. McFaddin, jolntly and to Matnlc
McFaddin Ward, W.P.H. McFaddin, Jr., J.L.C. McFaddin and Camelia B. McFaddin ami Di
Vernon McFaddin Cordts, jointly, dated February 26, 1948, tiled tbr record February 28, 1948,
and recorded March 8, 1948 in Volume 692, Page 22 of the Deed Records of Jet'ferson County,
Texas, and which said T..~CT NO. 18-C is indicated on that certain plat entitled "PARTITION
MAP NO. 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY,
TEXAS.· .", which said plat is at record in Volume 8, Page 110 of the Map records of Jefferson
County, Texas, and the said tract herein descr bed being part of that certain tract of land herein
referred to as the "Cordts" tract, which said Cordts tract is described in that certmn instrument
from E. G. Cordts, Jr., Independent Executor of the Estate of Divemon McFuddin Berly to E. G.
Cordts, Jr., Colleen Clare Cordts and Anna Camelia Cordts, dared September 13, 1994, filed tbr
- record October 4, 1994 and recorded under County Clerk's File No. 94-9432523 of the O/'Ecial
Public Records of Real ?roperty of Jefferson County, Texas, and the said tract herein described
being part of that certain tract of land herein referred to as the "PAEDC" tract, which said
PAEDC tract is described in that certain instrument from E. G. Cordts, Jr., ..., Colleen Clare
Cordts Rice, ..., and Anna Camelia Cordts Edwardson,..., to Port Arthur Economic
Development Corporation, dated February 28, 2001, filed for record March 1, 2001, and recorded
March 1,2001 under County Clerk's File No. 2001007554 of the Official Pnblic Records of Real
Property of Jefferson County, Texas, and the said tract berein described being a strip ot'land,
fifteen feet (I 5') wide and being more particularly described as tbllows:
COMMENCING at an iron rod with a Texas D~partnlcnt or'Transportation ahtl~i~ltHII cai)
(TxDOT Type I Monnment) fonnd ["or tile southeast corner of the said PAEDC tract, and the said
comer also being the nlost southerly southwest comer of that certain tract of land herein referred
to as tile "Parcel 31" tract, which said Parcel 31 tract is so designated and is described in that
certain instrument from E. G. Cordts, .ir., Colleen Clare Cordts Rice and Anna Camelia Cordts
Edwardson to jefferson Cmmty, dated Marcb 15, 1999, flied for record March 15, 1999, and
recorded March 15, 1999 under County Clerk's File No. 1999009190 of the Ofl'~cial Public
Page I o1'3
December 9, 2003
Records of Real Property of Jefl'erson CoLmty, 'l'cx~,s, aud thc said COl'Uer beiug m tht: UOl'dlcl'ly
line of that certain tract of hind herein referred to as tl~e "Parcel 32" tract, which said Parcel 32 is
so desi~ated and is described in that ce.ain iustrument fi'om The Mamie McFaddin Ward
Heritage Foundation to Jeffemon County, dated December 12, 1996, filed for record December
19, 1996, and recorded under County Clerk's File No, 96-9638512 of the Official Public Records
of Real Prope~y of Jefferson County, Texas, the said comer being an interior angle point comer
in th~ southwesterly right-of-waY line of Texas State Highway Spur 93 (also known as West Port
Arthur Road), and the said TxDot T~e I Mooument found tbr corner being East (Assumed
Basis of Bearings - culled South 89°37'00'' East) along aad with the soatherly line of the said
PAEDC tract, said northerly liue ol'the Parcel 32 tract and northerly line of that ccrlain tract ~1'
hind hereiu rel~rred to as the "Ward" tract, which said Ward u'act is desiguated '"I~[~CT NO.
19-~" and is described io the hereinbefore referenced instrumeot recorded in Volame 692, Page
22 of the Deed Records uf Jefferson County, Texas, and which said T~CT NO. 9-C is
indicated on the hereinbefore referenced plat of record in Volume 8, Page 110 of the Map
Records of Jefferson County, Texas, a total distance of 5,430.99 feet (called 5,431.07 feet) from
a 5/8" iron rod wilh a yellow cap stamped "RPLS 3(36" t~tlud for reference;
THENCE No~h 27o30'14" West (ca et North 27°07 03 West), along alld with the most
easterly northeast line of the said PAEDC tract, smtthwesterly liue of the said Parcel 31 Iract aud
said southweslerly righl-olZway line of Texas State tlighway Spar 93, a total distance of 1,292.96
feet to a point for a corner and tbr ret~rence, the said poim being South 27°30' 14" East (called
South 27o07'03" East) along and with the said most easterly northeast line of the PAEDC tract,
., ~t.x~ ~southwesteriy line of the Parcel 31 tract and southwesterly right-of-way line of Texas State
' .... Highway Spur.93, a tptgl .distane~'0~~01'38 feet from a 5/8" iron rod found for the most
,,,~,~ ~,;} )-' hdrthe~ly northeast comer of the said PAEDC tract aud most northerly oorthwest comer of thc
said Parcel 31 ri'act in the southerly line of that certain tract of hind herein referred to us thc
"Barnette - [483/176" ~ract, which said Barnette - 1483/176 tract is described ltl lhal certain
instrument from DiVemon McFaddin Cordts joined 0~ereiu by her husband, Edwin G. Co~'dts to
N. K. Barnette, lt. dated October 11, 1996, filed for record November 4, 1966, aud recorded
November 10, 1996 in Vok~me 1483, Page 176 of the Deed Records of ~efferson County, Texas;
THENCE in generally westerly d rections, aloog.~}~ with the segments of the easterly ~:
pon o ~ of the southerly line of a twenty feet (20') wide~}t'of lan~,}he said segments of the
' easterly potion of the southerly I ne of the twenty feet (20) wide~of land being parallel
' feet 10' souther y from, measured perpendi~})larly to, the se~ents of the easterly
w~th, and ten ( ) ......... fee r20'~ wide~ of land, which said segments of
portmn o ..... ~c.~.~ twe ~t,, feet ~20 ) widel[~ofland ate approxm~,uely
t~eease yy · '.-eexsin-KinderMorgt ppe neas
. . · b others) and located by survey, and which said segments of
,ndmated wnh ~parkers aod latins (2 y ............ ~t 20'~ w,del~roflaod are more
particularly described as follows:
South 89°39' 10" West, a total distance of 247.86 feet;
North 89o38,49" West, a total distaoce of 194.51 feet;
South 89°49'21" West, a total distance of 222.30 feet;
South 89039,37" West, a tota[ distance of213,61 }ket;
Not'Ih 89°44'09" West, a total distaoce of 358.89 }kef;
Soath 89°54' 18" West, passiug at a dislanc¢ o1'28.65 t~et, the easterly right-ol'-wuy linc
of East Business ~at'k Drive, aud passiug at a dislauce of 66.15 t~et, a point iu the ceuterline of
the said East Business Park Drive, which said poiut is North, along and with the said ceuter~mc
of East Business Park Drive, a total distance of 560,99 [~et fi'om a concrete mouumem [Br the
point of intersection of the said centerline of East Basiuess Park Drive with the centerllne of
South Business Park Drive, and which said point is also South, along and with the said centedine
of East Business Park Drive, a total distance of 589.01 feet from a concrete monument for the
point of intersection of the said centerline of East Business Park Drive with the centerline of Jade
Avenue Extension, and passing at a distance of 103.65 feet, the westerly right-otZway line of the
said East Business Park Drive, and continuing (South 89~54' 18" West), a total distance of 151.92
Page 2 ot'3
Sola lllbulg& 1~tdk,lnc.
December 9, 2003
North 89035'30'' West, a total distance of I06.88
South 89°44'26' West, a total distance of 214.25 feet;
North 89o55,25" West, a total distance of 478.85 feet;
North 89°51 '52" West, passing at a distance of I 15.43 feet, the easterly rigl~t-ot:way line
of the hereinbefore said .lade Avenae Extension, and passing al a distance of 198.85 feet,
westerly right-of-way Ib'~e of tl'~e said Jade Avenue Extension, and contimdng (Nor b 89°51 '52
West), a total distance of 220.32 feet;
North 89°51 '51' West, a distance of 18.53 feet to a point in the easterly line of the said
tract herein described for the POINT OF BEGINNING of tbe said tract herein described;
THENCE Sonth 00008'09" West, a distance of 30.00 feet to a point for the southeast
corner of the said tract herein described;
THENCE North 89°51'5 I" West, a distance o~' 15.t.)0 I'cet Io a point Ibr tile southwest
corner of the said tract herein described;
THENCE North 00008'09" East, a total distance of 50.00 feet to a point tbr the northwest
corner of the said tract herein described;
THENCE Sooth 89°51'51" East, a distance of 15.00 feet to a point for the northeast
corner of the said tract berein described;
THENCE South 00°08'09'' West, a total distance o1' 20.00 feet back to file Point of
Beginning and
Containing a tolal of 0.01? acre of land, more or less.
See accompanying Plat.
Prepared by:
Schaumborg & Polk, Inc.
By: E.J.~e~ Verret, .
R~-g~stered Professional Land Surveyor mo. 1781
December 9, 2003
SPI Project No. 3608.0
Page 3 of 3
Schaumburg & Polk, Inc.
EXHIBIT ~B"
To the Resolution
EASEMF/~T
T~ STATE OF TEXAS S
S KI~OWALLMENBY TH~SE PI~ESENTS~
COI~TY OF JEFFERSON S
THAT for and in consideration of the sum of TEN DOLLARS ($10.00)
AND OTHER considerations to the undersigned {herein styled Grantor,
whether one or more), paid, the receipt of which is hereby
acknowledged, and subject to the agreements, covenants and conditions
hereinafter stated, the City of Port Arthur Section 4A Economic
Development Corporation does hereby BARGAIN, SELL AND GI~ANT unto
KinderMorgan Texas Pipeline L.P., {herein styled Grantee and the
successor in interest to United Gas Pipeline Company), its successors
and assigns, a nonexclusive easement to maintain and to operate a
pipeline and appurtenances thereto, over and through the following
land described in Exhibit ~A" and maintain a cathodic protection
ground bed with associated equipment and appurtenances in Exhibit "B":
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so
long as the rights and easements herein granted, or any of them, shall
be used by Grantee for the purposes herein granted, with ingress to
and egress from the premise, for the purposes of operating and
maintaining the pipeline and the cathodic protection.
Grantee hereby agrees to bury all pipelines to a sufficient depth
so as not to interfere with the adjacent business park of the City of
Port Arthur Section 4A Economic Development Company and to pay damages
which may arise to the business park from the construction,
z. edc_kindermor gan_eas emen t
maintenance and operation of said pipeline and cathodic protection, or
from any break, defect or leak therein, said damages, if not mutually
agreed upon, shall be ascertained and determined by three
disinterested persons, one thereof to be appointed by the said
Grantor, one by the said Grantee, and the third by the two so
appointed as aforesaid, and the written award of such three persons
shall be final and conclusive.
That as due consideration for the easement, the easement to
United Gas Pipeline Company, dated November 30, 1951, is herein
revoked.
z. edc_kindermorgan_easement
SIGNED AND AGREED TO on this the day of ,
2004.
EINDERMORGANTEXAS PIPELII~E L.P.
BY:
THE STATE OF TEXAS
COUB]TY OF JEFFERSON
BEFORE ME, THE UNDERSIGNED Notary Public, on this day
personally appeared , a duly authorized
representative of KinderMorgan Texas Pipeline, LP, known to me to
be the person whose name is described to the foregoing instrument,
and acknowledged to me that he executed the same as the act and
deed of KinderMorgan Texas Pipeline, LP, for the purposes and
considerations therein expressed, and the capacities therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the __ day of
, 2004.
Notary Public in and for the
State of Texas
z. edc_kinde rmorgan_e as emen t
SIGNED AND AGi~EED TO on this the .__ day of ,
2004.
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
BY:
ACI~I~OWLED~EMENT
THE STATE OF TEXAS ~
COUNTY OF JEFFERSON S
BEFORE ME, the undersigned authority, on this day, personally
appeared , known to me and before me
subscribed his/her name to the foregoing return and on oath stated
that the facts set out in such return are true and correct, and that
he/she is the person competent to testify; to certify which, witness
my hand and seal of office, this __ day of , 2004.
Notary Public in and for the
State of Texas
z. edc_kindermorgan_easement
EXHIBIT "A"
0 5 10 20~ EASEMENT
SCALE 1" = 10' -~
>~ -" ROADWAY
~z ' VARIABL~.
¢ J 25' UTILI~ ~SEMENT
20' EASEMENT = ~ J i i 0.253 . 0.25'
J~ ~ J 4" CONDUITS ~
6'x8' ENTERGY
PLAN VIEW TR~SFORMER PAOS
~ ~1 25' UTILI~ EASEMENT
~ VARIABLE ~1 I
0 0 ~ ~ ~ 6'x8' ENTERGY
NOTE: D~INAGE ~
DISTANCE B~WEEN PIPELINE ~SEMENTS SW~ES 1 5' ~"
VARIES ACROSS PROJECT SITE. , ~ CONDUITS
CROSS SECTIONAL VIEW
NON-EXCLUS~ EASEMENTS PREPARED BY
AT THE SC~BURG ~ PO~, INC.
PORT ARTHUR CONSULTING ENGINEERS
ECONOMIC DEVELOPMENT CORPORATION B~U~ONT, TE~S
BUSINESS PARK
JEFFERSON COUNTY, TE~S
REVISED DECEMBER 9, 2003 ~. ~E:PeEUNESK~CH.DWG
Schaumburg & Polk, Inc.
DESCRIPTION
OF A 20' WIDE STRIP OF LAND
FOR A NON-EXCLUSIVE PIPELINE EASEMENT
FOR KINDER MORGAN TEXAS PIPELINE, L.~.
IN THE
WM. McFADDIN SURVEY, ABSTRACT NO. 416
AND IN THE
T. & N.O.R.R. SURVEY, SECTION NO. 5, ABSTRACT NO. 238
JEFFERSON COUNTY, TEXAS
DECEMBER 9, 2003
All that certain tract or parcel of land lying and being situated in Jefferson County, Texas,
part of the WM. McFADDIN SURVEY, ABSTRACT NO. 416 and part of the T. & N.O.R.R.
SURVEY, SECTION NO. 5, ABSTRACT NO. 238, and the said tract herein described being
parts of Block 15, Range N, Block 15, Range O, Block 16, Range O and Block 16, Range P of
the Lands of the Port Arthur Land Co., the plat of which said subdivision is of record in Volume
1, Page 22 of the Map Records of Jefferson County, Texas, and the said tract herein described
being a part of that certain tract of land herein referred to as the "McFaddin and Cordts" tract,
which said McFaddin and Cordts tract is designated "TRACT NO. 18-C" and is described in that
certain instrument from W.P.H. McFaddin, Jr., and J.L.C. McFaddin, as Trustees of The
McFaddin Trust to J.L.C. McFaddin, to Di McFaddin Houk, to Perry McFaddin Duncan, to
W.P.H. McFaddin, Jr., to Mamie McFaddin Ward, to Camelia B. McFaddin and Di Vernon
McFaddin Cordts, to W.P.H. McFaddin Jr., and J.L.C. McFaddin, jointly and to Mamie
McFaddin Ward, W.P.H. McFaddin, .Ir., J.L.C. McFaddin and Camelia B. McFaddin and Di
Vernou McFaddin Cordts, jointly, dated February 26, 1948, filed for record February 28, 1948,
and recorded March 8, 1948 in Volume 692, Page 22 of the Deed Records of Jefferson County,
Texas, and which said TRACT NO. 18-C is indicated on that certain plat entitled "PARTITION
MAP NO. 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY,
TEXAS...", which said plat is at record in Volume 8, Page 110 of the Map records of Jefferson
County, Texas, and the said tract herein described being part of that certain tract of land herein
· referred to as the "Cordts" tract, which said Cordts tract is described in that certain instrument
from E. G. Cordts, Jr., Independent Executor of the Estate of Divemon McFaddin Berly to E. G.
Cordts, Jr., Colleen Clare Cordts and Anna Camelia Cordts, dated September 13, 1994, filed for
record October 4, 1994 and recorded under County Clerk's File No. 94-9432523 of the Official
Public Records of Real Property of Jefferson County, Texas, and the said tract herein described
being part of that certain tract of land herein referred to as the "PAEDC" tract, which said
PAEDC tract is described in that certain instrument from E. G. Cordts, Jr., ..., Colleen Clare
Cordts Rice, ..., and Anna Camelia Cordts Edwardson,..., to Port Arthur Economic
Development Corporation, dated February 28, 2001, filed for record March 1, 2001, and recorded
March 1,2001 under County Clerk's File No. 2001007554 of the Official Public Records of Real
Property of Jefferson County, Texas, and the said tract herein described being a strip of land,
twenty feet (20') wide and being more particularly described as follows:
COMMENCING at an irou rod with a Texas Department of Transportation aluminum cap
(TxDOT Type I Monument) found for the southeast corner of the said PAEDC tract, and the said
corner also being the most southerly southwest corner of that certain tract of land herein referred
to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and is described in that
certain instrument from E. G. Cordts, Jr., Colleen Clm'e Cordts Rice and Anna Camelia Cordts
Edwardson to Jefferson County, dated March 15, 1999, filed for record March 15, 1999, and
recorded March 15, 1999 under County Clerk's File No. 1999009190 of the Official Public
Page I of 4
SPI NO 3606.0
December 9, 2003
the said corner being in the northerly
Records of Real Property of Jefferson County, Texas, an,}t el
line of that certain tract of land hereia referred to as the Parc 32" tract, which said Parcel 32 is
so designated and is described in that certain instrument from The Mamie McFaddin Ward
Heritage Foundation to Jefferson County, dated December 12, 1996, filed for record December
19, 1996, and recorded under County Clerk's File No. 96.9638512 of the Official Public Records
of Real Property of Jefferson County, Texan, the said corner being an interior angle point corner
in the southwesterly right-of-way line of Texas State Highway Spur 93 (also known as West Port
Arthur Road), and the said TxDot Type 1 Monument found for comer being East (Assumed
Basis of Bearings - called South 89°37'00" East) along and with the southerly line of the said
line of the Parcel 32 tract and northerly line of that certain tract of
PAEDC tract, said northerly ' O
land herein referred to as the "Ward" tract, which smd Wart tr ct ts demg'~ated TRACT N .
I 9-~CC" and is described in the hereinbefore referenced instrument recorded in Volume 692, Page
22 of the Deed Records of Jefferson County, Texas, and which said TRACT NO. 19-C is
indicated on the hereinbefore referenced plat of record in Volume 8, Page 110 of the Map
Records of Jefferson County, Texas, a total distance of 5,430.99 feet (called 5,431.07 feet) from
a 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference;
THENCE North 27°30'14'' West (called North 27°07'03" West), along and with the most
easterly northeast line of the said PAEDC tract, sontbwesterly line of the said Parcel 31 tract and
said southwesterly right-of-way line of Texas State Highway Spur 93, a total distance of 1,292.96
feet to a point for the southeast corner and POINT OF BEGINNING of the said tract herein
described, the said point being South 27030, 14" East (called South 27007'03'' East) along and
with the said most easterly northeast line of the PAEDC tract, southwesterly line of the Pamel 31
tract and southwesterly right-of-way line of Texas State Highway Spur 93, a total distance of
~b~." ~001 38 feet from a 5/8" iron rod found for the most northerly northeast corner of the said
~2~..~r'~ A EDC tract and most northerly northwest corner of the smd Parcel 31 tract m the southerly line
~,r' ~t certa n tract of land herein referred to as the "Barnette - 1483/176" tract, whmh smd
Barnette - 1483/176 tract s descr bed in that certain instrument from D Vernon McFadd n
Cordts joined therein by bet husband, Edwin G. Cordts to N. K. Barnette, Jr. dated October 1 l,
1996, filed for record November 4, 1966, and recorded November 10, 1996 in Volume 1483,
Page 176 of the Deed Records of Jefferson County, Texas;
THENCE in generally westerly directions, along and with the segments of the easterly
'portion of the southerly line of the said tract herein described, the said segments of the easterly
portion of the southerly line of the tract herein described being parallel with, and ten feet (10')
southerly from, measured perpendicularly to, the segments of thc easterly portion of the
centerline of the said tract herein described, which said segments of the easterly portion of the
centerline of the tract herein described are approximately coincident with the apparent
approximate location of the existing Kinder Morgan pipeline as indicated with markers and laths
(by others) and located by survey, and which said segments of the easterly portion of the
southerly line of the tract heroin described are more particularly described as follows:
South 89°39'10'' West, a total distance of 247.86 feet;
North 89°38'49" West, a total distauce of 194.51 feet;
South 89°49'21" West, a total distance of 222.30 feet;
South 89o39'37'' West, a total distance of 213.61 feet;
North 89o44'09" West, a total distance of 358.89 feet;
South 89°54'18" West, passing at a distance of 28.65 feet, the easterly right-of-way line
of East Business Park Drive, and passing at a distance of 66.15 feet, a point in the centedine of
the said East Business Park Drive, which said point is North, along and with the said centedine
of East Business Park Drive, a total distance of 56099 feet from a concrete monnment for the
point of intersection of the said centerline of East Business Park Drive with the centerline of
South Busioess Park Drive, and which said point is also Somh, along and with the said centerline
of East Business Park Drive, a total distance of 589.01 feet from a concrete monument for the
point of intersection of the said eenterline of East Business Park Drive with the centerline of Jade
Avenue Extension, and passing at a distance of 103.65 feet, the westerly right-of-way line of the
said East Business Park Drive, and continuing (South 89°54' 18" West), a total distance of 151.92
feet;
Page 2 of 4
Schaumburg & Polk, Inc.
December 9, 2003
North 89035'30'' West, a total distance of 106.88 feet;
South 89°44'26" West, a total distance of 214.25 feet;
North 89°55'25" West, a total distance of 478.85 feet;
North 89°51 '52" West, passing at a distance of I 15.43 feet, the easterly right-of-way line
of the hereinbefore said Jade Avenue Extension, and passing at a distance of 198.85 feet, the
westerly right-of-way hue of the smd Jade Avenue Extension, and eontmmng (North 89°51'52''
West), a total distance of 220.32 feet;
North 89°51 '51" West, a total distance of 598.98 feet;
South 89°59' 13" West, a total distance of 462.76 feet;
South 89°52,20" West, passing at a distance of 14.69 feet, the easterly right-of-way line
of West Business Park Drive, and passing at a distance of 52.19 feet, a point in the centerline of
the said West Business Park Drive, which said point is North, along and with the said centerline
of West Business Park Drive, a total distance of 563.00 feet from a concrete monument for the
point of intersection of the said centerline of West Business Park Drive with the hereinbefore
said centerline of South Business Park Drive, and which said point is also South, along and with
the said centerline of West Business Park Drive, a total distance of 587.00 feet from a concrete
monument for the point of intersection of the said centerline of West Business Park Drive with
the centerline of North Business Park Drive, and passing at a distance of 89.69 feet, the westerly
right-of-way line of the said West Business Park Drive, and continuing (South 89052'20" West),
a total distance of 141.57 feet;
q¢~ ~) North 89°53'44" West, a total distance of 357.72 feet to/~n angle point corner in the said
S~utherly line of the tract herein described; '~ r~,~,,4 ~0"-~
THENCE continuing in generally westerly dhections, along and with the segments ot'the
westerly portion of the said southerly line of the tract herein described, which said segments of
the westerly portion of the southerly line of the tract herein described are more particularly
described as follows:
South 70°56'12" West, a total distance of 152.11 feet;
South 68° 12'47" West, a total distance of 554.49 feet;
South 67°54'51" West, a total distance of 50939 feet to a point for the southwest coroer
of the said tract herein described, the said corner being in the westerly (or southwesterly) line of
the hereinbefore said PAEDC tract;
THENCE North 12° 17'39" West, along and with the said westerly (or southwesterly) line
of the PAEDC tract, a distance of 6.92 feet to a point for the most westerly corner of the said
PAEDC tract and most westerly corner of the said tract herein described;
THENCE North 39°57'00" East, along and with the most westerly northwest line of the
said PAEDC tract, a distance of28.11 feet to a point for the northwest comer of the said tract
herein described;
THENCE in generally easterly directions, along and with the segments of the westerly
portiou of the northerly line of the said tract herein described, which said segments of the
westerly portion of the northerly line of the tract herein described are more particularly described
as follows:
North 67°54'51" East, a total distance of 438.39 feet;
North 68012'47" East, a totai distance of 555.07 feet;
North 70"56' 12" East, a total distance of 155.96 feet to a point for an angle point coroer
in the said northerly line of the tract herein described;
THENCE continuing in generally easterly directions, along and with the segments of
easterly portions of the said northerly line of the tract hereto described, the said segments of the
easterly portion of the northerly line of the tract herein described being parallel with, and ten feet
( I 0') northerly from, measured perpendicularly to, the hereinbefore said segments of the easterly
Page 3 of 4
Schaumburg & Polk, Inc.
December 9, 2003
portion of the centerlioe of the tract herein described, and whicb said segnrents of tbe easterly
portion of the northerly line of the tract herein described are more particularly described as
follows:
South 89°53'44" East, a total distance of 361.05 feet;
North 89°52'20" East, passing at a distance of 51.g8 feet, the hereinbefore said westerly
right-of-way line of West Business Park Drive, and passing at a distance of 89.38 feet, a point in
the hereinbefore said eentcrline of West Business Park Drive, and passing at a distance of 126.88
feet the hereinbefore said easterly right-of-way line of West Business Park Drive, and continuing
(North 89052'20'' East), a total distance of 1,41.55 feet;
North 89059, 13" East, a total distance of 462.80 feet;
South 89°51 '51" East, a total distance of 599.00 feet;
South 89°51 '52" East, passiug at a distance of 31.04 feet, the hereinbefore said westerly
rigbt-of-way line of Jade Avenue Extension, and passing at a distance of 115.36 feet, the
hereinbefore said easterly right-of-way line of Jade Avenue Extension, and continning (South
89°51 '52" East), a total distance of 220.31 feet;
South 89055'25'' East, a total distance of 478.78 feet;
North 89o44'26" East, a total distance of 214.31 feet;
South 89°35'30" East, a total distance of 106.91 feet;
North 89054' 18" East, passing at a distance of 48.22 feet, the hereinbefore said westerly
right-of-way line of East Business Park Drive, and passing at a distance of 85.72 feet, a point in
the hereinbefore said centerline of East Business Park Drive, and passing at a distance of 123.22
feet, the hereinbefore said easterly right-of-way line of East Business Park Drive, and continuing
(North 89°54'18'' East), a total distance of 151.90 feet;
South 89°44'09'' East, a total distance of 358.85 feet;
North 89o39'37" East, a total distance of 213.53 feet;
North 89°49'21'' East, a total distance of 222.42 feet;
Soutb 89"38'49" East, a tot al distance of 194.48 feet;
North 89°39' 10" East, a total distance of 237.48 feet to a point for the northeast corner of
the said tract herein described, file said point being in the hereinbefore said most easterly
northeast line of the PAEDC tract, southwesterly line of the Parcel 31 tract and sonthwesterly
right-of-way line of Texas State Highway Spur 93;
THENCE South 27o30' 14" East, along and with the said most easterly northeast line of
- lhe PAEDC tract, southwesterly line of the Pamel 31 tract and southwesterly right-of-way line of
Texas State Highway Spur 93, a total distance of 22.48 feet back to the Point of Beginning and
Containing a total of 2.376 acres of land, more or less, and the said tract of land herein
described being intended as a substitute for, to replace, to correct, and in lieu of, but not in
addition to that certain tract of land inadequately attd erroneously described in that certain
instrument from Camellia B. McFaddin, a feme sole, and Di Vernon McFaddin Cordts, joined
(t)berein by her husband E.G. Cordts to United Gas Pipe Line Company, dated November 30,
1951, and recorded in Volume 840, Page 129 of the Deed Records of Jefferson County, Texas.
NOTE: See accompanying Plat.
Prepared by:
Schaambtlrg & Polk, Inc.
~[.~^u~s v~n~T,~3'
By:
F_~.5.~m e s Verrett,
Registered Professional Land Surveyor No.
December 9, 2003
SPI Project No. 3606.0 Page 4 of 4
Sel~aumburg & Polk, Inc.
EXHIBIT "B"
Schaumburg & Polk, Inc. ,.umon,, *--" 777 7
DESCRIPTION
OF A 10' WIDE STRIP OF LAND
FOR A NON-EXCLUSIVE EASEMENT
IN THE
WM. McFADDIN SURVEY, ABSTRACT NO. 416
JEFFERSON COUNTY, TEXAS
DECEMBER 9, 2003
All that certain tract or parcel of land lying and being situated in Jefferson County, Texas,
part of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, and the said tract herein
described being parts of Block l 5, Range N, Block 15, Range O, Block 16, Range O and Block
16, Range P of the Lands of the Port Arthur Land Co., the plat of which said subdivision is of
record in Volume 1, Page 22 of the Map Records of Jefferson County, Texas, and the said tract
herein described being a part of that certain tract of land herein referred to as the "McFaddin and
Cordts" tract, which said McFaddm and Cordts tract ~s designated "TRACT NO 18-C" and Is
described in that certain instrument from W.P.H. McFaddin, Jr., and J.L.C. McFaddin, as
Trustees of The McFaddin Trust to J.L.C. McFaddin, to Di McFaddin Houk, to Perry McFaddin
Duncan, to W.P.H. McFaddin, Jr., to Mamie McFaddin Ward, to Camelia B. McFaddin mad Di
Vernon McFaddin Cordts, to W.P.H. McFaddin Jr., and J.L.C. McFaddin, jointly and to Mamie
McFaddin Ward, W.P.H. McFaddin, Jr., J.L.C. McFaddin and Camelia B. McFaddin and Di
Vernon McFaddin Cordts, jointly, dated February 26, 1948, filed for record February 28, 1948,
and recorded March 8, 1948 in Volume 692, Page 22 of the Deed Records of Jefferson County,
Texas, and which said T_TRACT NO. 18-C is indicated on that certain plat entitled PARTITIO
MAP NO. 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY,
TEXAS...", which said plat is at record in Volume 8, Page 110 of the Map records of Jefferson
County, Texas, and the said tract herein described being part of that certain tract of land herein
referred to as the "Cordts" tract, which said Cordts tract is described in that certain instrument
from E. G. Cordts, Jr., Indepandent Executor of the Estate of Diveruon McFaddin Berly to E. G.
Cordts, Jr., Colleen Clare Cordts and Anna Camelia Cordts, dated September 13, 1994, filed for
- record October 4, 1994 and recorded under County Clerk's File No. 94-9432523 of the Official
Public Records of Real Property of Jefferson County, Texas, and the said tract herein described
being part of that certain tract of land herein referred to as the "PAEDC' tract, which said
PAEDC tract is described in that certain instrument from E. G. Cordts, Jr., ..., Colleen Clare
Cordts Rice, ..., and Anna Camelia Cordts Edwardson,..., to Port Arthur Economic
Development Corporation, dated February 28, 2001, filed for record March 1,2001, and recorded
March 1, 2001 under County Clerk's File No. 2001007554 of the Official Public Records of Real
Property of Jefferson County, Texas, and the said tract herein described being a strip of land, ten
feet (10') wide and being more particularly described as follows:
COMMENCING at an iron rod with a Texas Department of Transportation aluminum cap
(TxDOT Type 1 Monument) found for the southeast corner of the said PAEDC tract, and the said
corner also being the most southerly southwest corner of that certain tract of land herein referred
to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and is described in that
certain instrument from E. G. Cordts, Jr., Colleen Clare Cordts Rice and Anna Camelia Cordts
Edwardson to Jefferson County, dated Mamh 15, 1999, filed for record March 15, 1999, and
recorded Marcb 15, 1999 under County Clerk's File No. 1999009190 of the Official Public
Records of Real Property of Jefferson County, Texas, and the said comer being in the northerly
line of that certain tract of land herein referred to as the "Parcel 32" tract, which said Pamel 32 is
so designated and is described in that certain instrument from The Mamie McFaddin Ward
Heritage Foundation to Jefferson County, dated December 12, 1996, filed for record Deceraber
19, 1996, and recorded under County Clerk s Fde N . 96-9638512 of the Official Public Records
of Real Property of Jefferson County, Texas, the said corner being an interior angle point corner
Page I of 2
...... as Wcsl Port
December 9, 2003 o ,~:,,hwaV Spot 93 (a~so y, now)~, ,~ed
Arthor Road)~ and th~a~d South 89°37'00 ~as~y ~, -- northerly line of that certaiu tract of
Basis of Beanngs - ~'- . r the parcel 32 m~ct and ~. · :~ designated
~aEDC tract, sam.. J ,'~ard" tract, wmcn ~,-~. ~tmment recorded in Voltim~ 692, page
. . r¢inbefore referenced u]s"~.~h ~id ~
l'a'i}d herein reerred to as me --
,ac,,~ndisdescnbedmthe~ ~.County, Texas, an~W'~ .~ paeell0oftheMap
~ -' ~ ~ ~ords of Jeltem~,, ~ .....d in Vo~um~ ~, ~ feet) from
22 of the Deco ~e- , . ~-e referenced plat o~ ~' 5,431.07
Records of jefferson County, TexaS, a total distance of 5,430.99 feet (called
indicated on the heremoe~u' ,' found for reference;
a 5/8" iron rod with a yellOW cap slamped ,'RPLS 3636
THENCE Nortl~ 27030, 14" West (called North 27°07'0y' West) along and with the mosl
pAEDC tract, sottthwesterly line of the said Parcel 31 n'act aad
bne of the said . . ..,.. S~ur 93, a total distance of 1,292.96
easterly noaheast ', . f-wa ne of Texas State,l?tgh.~'~.;~oSouth27°30'14" East (ca,led
'd southwesterly right o . _a~.~ reference, the salO point ~, ~
feet to a point for
terl nogheast line of the ?AEDC tract'
~ .~ith the said most cas ~. ~. ~.wav line of Texas State
.... an,03" East) along a~ .. . ~_~ southweSteny ngm--- 5~ .~a for the most
South z~ ~- . _r the Parcel } ! [[~ct a~,~ . ~ :-~m a 5/8" ton roa m~,,~ -~- of the
southwesterly nne u( 'al d stance of~001.38 met u~ _ ~ -o~herly noahwest coruc~
~ u'~ewav Spur 93, a tot ' ~: ' "2:~ pAEDC tract apo most ~]. ~ ~rein referred to as the.
~2~ ) ~ 483/I 76 tract is described ia that cerlam
,. ~;V~rnon McFaddin Cordts joined thereto by her husband, Edwm G
· ,Bamette - 1483/176" tract, which said Bamette - record November 4, 1966, and recorded
instrument trom ~, - 11, 1996, Bled for ' Cot]nty, Texas;
N, K, Barnette, Jr. dated October 176 of the Deed Records of jefferson
No~ember 10, 1996 in Volume 1483, Page
w th a lin~, which said line is parallet with,
. o.oaa, 10" West, along and ...... ~o ent of the apparent
THENCE Sou[n o~ ~m measured perpendtctnarly t .... ~m
and teL1 feet (l 0') soumertY ~tu,,, ' ' ' '
approximale location of the existing Kinder Morgau p~pehne as mdtcated w th nt;rkers and
(by others) and located by survey, a total distance of 160.00 feet to a point for the southeast
comer and POINT OF BEGINNING of the smd tract hereto described said line, a distance of
West, along and with the
THENCE coatinuing South 89°39' 10" said tract herein described;
10.00 feet to a point for the sonthwest corner of the
total distance of 68.04 feet to a point for the
HENcENoflh00°ll'13"WestLa .~ ~
noahWJ~t comer of the said tract herein oescnoeu;
THENCE No~h 89°48'4T' East, along and with a line, which said line is parallel with,
perpendicularly to a segment of the
of thiay-five ~eet (35') no~herly from, measured . . ' with markers
apparent approximate location of the existiug Duke Energy pipehne as md~cated
and a total others) and located by sarvey, a distance of 10.00 feet to a point for the northeast
and laths
comer of lhe said tract herein described;
THENCE South 00° 11' 1Y' East, a total distance of 68.01 feet back to the Point
Beginning and,
Containing a total of 0,016acre of land, more or less, , -~, .
See accompanying plat.
B ~
Registered Professional Land Surveyor No. 1~81
Page 2 of 2 Schaumburg & polk,
SPI Prgieot N°' 3609.0