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RP 18226: ROAD EASEMENT TO SUNOCO PIPELINE L.P.
P. R. No. 18226 02/28/14 SNSh RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PERMANENT ACCESS ROAD EASEMENT TO SUNOCO PIPELINE L.P., TO AID IN THE CONSTRUCTION AND MAINTENANCE OF THE SUNOCO PIPELINE WHEREAS, Sunoco Pipeline L.P. (hereinafter "Sunoco ") seeks to install a pipeline within the City for the refining of product in the Motiva Enterprises refinery; and WHEREAS, the Sunoco has requested a permanent road access easement on property owned by the City of Port Arthur to gain access to support its pipeline; and WHEREAS, Sunoco must obtain an easement to provide ongoing maintenance to the pipeline; and WHEREAS, Sunoco has agreed to pay the City $18,660.00 for said permanent access road easement; and WHEREAS, a professional appraisal of the property has been performed to determine fair market value in accordance with Section 272.001(b) of the Texas Local Government Code, attached hereto as Exhibit "A "; and WHEREAS, the fair market value of the appraised easement is $7,821.00; and s.pr18226 WHEREAS, it is in the best interest of the citizens of Port Arthur to approve an easement in substantially the same form as attached hereto as Exhibit "B ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute the easements, in substantially the same form as attached as Exhibit "B ". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the Corporation. READ, ADOPTED AND APPROVED on this day of March, A.D., 2014, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: Councilmembers: NOES: MAYOR ATTEST: CITY SECRETARY s.pr18226 APPROVED AS TO FORM: NEW TTO APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER s.pr18226 EXHIBIT "A" Client File # TTS- 0001.63, TTS- 0001.64, & TTS- 0001.65 AWS File /Project # TXP181 AVM Appraisal Report - Land Allen, Williford & Seale, Inc. Allen, Williford and Seale, Inc. Real Estate Appraisers 11999 Katy Freeway, Suite 400, Houston, Texas, 77079 Form 100.05 Phone (281) 493 -4444 • Fax (281) 493 -6845 • www.appraiser.com Appraiser (1): Albert N. Allen, MAI, CRE, SR /WA Appraiser (2): Adam P. Dybala, MAI Client: Sunoco Pipeline LP Contact: Elizabeth Sheldon, Supervisor, ROW Address: One Fluor Daniel Drive, Building A, Level 3, Sugar Land, Texas 77478 SUBJECT PROPERTY IDENTIFICATION Owner of Record: City of Port Arthur Location: Northeast line of 9th Avenue, southeast of 60 Street Address: N/A City (or nearest Town): Port Arthur 1 County: Jefferson I State: Texas I Zip: 77642 Legal Description: Being 4.293 acres of land, more or less, out of and a part of Lots 3, 4, 5 and 6, Block 8, Range "H" of the lands of the Port Arthur Land Company Survey, Jefferson County, Texas Use of the Real Estate As of the Date of Value: Vacant Land Use of the Real Estate Reflected in the Appraisal: Vacant Land ASSIGNMENT PARAMETERS Intended User(s): This report is intended for use only by Sunoco Pipeline LP and others involved with the acquisition of easements for right of way purposes associated with the TOTAL Spur pipeline project. Intended Use: This report is intended only for use in conjunction with the acquisition for the proposed Sunoco Pipeline LP permanent easements. THIS REPORT IS NOT INTENDED BY THE APPRAISER FOR ANY OTHER USE OR BY ANY OTHER USER. Effective Date of Value: 2/12/2014 Real Property Rights Appraised: ® Fee - Simple Estate ® Easement Definition of Property Rights Appraised: "Fee Simple Estate" is defined in the Dictionary of Real Estate Appraisal, Fifth Edition, 2010, page 78, by the Appraisal Institute, as: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." "Easement" is defined in The Dictionary of Real Estate Appraisal, Fifth Edition, 2010, page 63, by the Appraisal Institute, as: "The right to use another's land for a stated purpose." In accordance with the real property appraisal reporting requirements as set forth by Standard Rule 2 -2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP), this is an Appraisal Report. RECONCILIATION AND CONCLUSIONS Final reconciliation of the methods and approaches to Value: The Before and After methodology was used to estimate the fair market value of the compensation for the partial acquisition that is the subject of this report. In our analysis, the sales comparison approach to value was the only applicable approach necessary for credible results in both the before and after scenarios. Opinion of Total Compensation as of: February 12, 2014 $7,821 Allen, Williford & Seale, Inc. Page 1 VALUE DEFINITION Market value is defined by City of Austin v. Cannizzo, 267 S.W. 2d 808 (Tex. 1954) as being: "The price which the property would bring when it is offered for sale by one who desires, but is not obliged to sell, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability will become available within the reasonable future." SCOPE OF WORK Definition: The scope of work is the type and extent of research and analysis in an assignment. Scope of work includes the extent to which the property is identified, the extent to which tangible property is inspected, the type and extent of data research, and the type and extent of analysis is applied to arrive at credible opinions or conclusions. The specific scope of work for this assignment is identified below and throughout this report. Scope of Subject Property Inspection (Site Visit) Approaches to Value Developed Cost Approach: Property Date of ❑ Is necessary for credible results and is developed in this analysis Appraiser Name: Inspection: Inspection: ® Is not necessary for credible results; not developed in this analysis Albert N. Allen, MAI ® Yes ❑ No Multiple ❑ Is not necessary for credible results but is developed in this analysis Adam P. Dybala, MAI L Yes ❑ No Multiple Sales Comparison Approach: ❑ Yes ❑ No ® Is necessary for credible results and is developed in this analysis ❑ Yes ❑ No ❑ Is not necessary for credible results; not developed in this analysis ❑ Is not necessary for credible results but is developed in this analysis Describe Scope of Property Inspection(s): Income Approach: The inspection of the subject property was limited to a site ❑ Is necessary for credible results and is developed in this analysis visit from the public right of way. ® Is not necessary for credible results; not developed in this analysis ❑ Is not necessary for credible results but is developed in this analysis Source of Area Calculations: We were provided with limited title certificates and a survey exhibit of the acquisition. We have relied upon the information provided to us by the client for the size and shape of the subject and partial acquisition. Data Sources Consulted: This investigation included the collection of sales, offerings, and other developments which have occurred in this market. The sources of our data included our own database, Beaumont MLS, Loopnet, other real estate appraisers and brokers, and knowledgeable individuals in the area. Significant Real Property Appraisal Assistance: ❑ None ❑X Disclose Name(s) and contribution: Jason F. Stastny - conducted research, inspected the subject property, and compiled the report. Allen, Williford & Seale, Inc. Page 2 Additional Scope of Work Comments: In order to estimate compensation, the "before and after" technique has been used. In this technique, total compensation due to the owner arises from two sources: the actual acquisition (both land and improvements), plus diminution (damages) and cost to cure items, if any, to the remainder as a result of the acquisition and /or the project. This is called the Before and After Scenario. In order to estimate compensation an appraisal of the whole property and the remainder is necessary. This valuation involves a hypothetical condition in both cases. When appraising the whole property, the impact of the project is ignored. When appraising the remainder after the acquisition, a forecast is being made. These hypothetical conditions are accepted appraisal procedures when valuing eminent domain situations. We were not provided with detailed information regarding any existing easements that may be located on the subject whole property. In the event there are existing pipeline or other easements located on the subject, no discount has been applied in the before scenario to the areas encumbered by the existing easements. We have not discussed the subject property or project with the and owners. In the event there are improvements on the subject property, an analysis of the project impact on the improvements will be examined. If the improvements are not adversely affected by the proposed partial acquisition, then there is no need to estimate the improvements' contributory value. In this case, if there are improvements, they are not impacted by the project and have not been appraised. It is assumed that any minor improvements, such as fencing, roads, or personal property items that are impacted by the proposed acquisition will be restored or replaced to equal or better condition as before. Accordingly we have not included any compensation for their replacement. Additionally, we have not included any crop or pasture replacement costs as these items will be addressed by the client. This appraisal does not include or consider any mineral interests. Engineering studies, ADA determinations, surveys, title reports, flood plain determinations, and environmental audits are beyond the scope of this appraisal. We have also utilized aerials and topographical maps of the subject whole property and surrounding areas to obtain additional detail regarding the property and partial acquisition. HYPOTHETICAL CONDITIONS & EXTRAORDINARY ASSUMPTIONS Hypothetical Conditions: (A hypothetical condition is a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Any hypothetical condition may affect the assignment results.) This valuation involves a hypothetical condition in both the before and after scenarios. When appraising the whole property, the impact of the project is ignored. When appraising the remainder after the acquisition, a forecast is being made. These hypothetical conditions are accepted appraisal procedures when valuing eminent domain situations. Extraordinary Assumptions: (An extraordinary assumption is an assumption, directly related to a specific assignment, as of the effective date of the assignment results, which if found to be false, could alter the appraiser's opinions or conclusions. Any extraordinary assumption may affect the assignment results.) None Allen, Williford & Seale, Inc. Page 3 SUBJECT PROPERTY HISTORY Owner of Record: City of Port Arthur Source of Subject Ownership: © Client © Limited Title Report © Tax Records ❑ Appraiser Research ❑ Other Description of (other): Subject sale within prior three (3) years: ❑ Yes © No Description and analysis of sales within 3 years (minimum) prior to effective date of value or other pertinent subject property history: Subject currently listed for sale: ❑ Yes ® Not believed to be Description and analysis of agreements of sale (contracts), listings, and options: SUBJECT TAX INFORMATION Tax Account ID Number(s): 73383 Total land size as indicated by appraisal district: 4.293 acres Total value: $2,150 I Land value: $2,150 I Improvement value: $0 Indicated per unit value of land: $501 per acre MARKET AREA ANALYSIS Location: © Urban ❑ Suburban ❑ Rural Market Area: Port Arthur, Nederland, Port Neches and surrounding areas Market area description and characteristics: The subject property is located in Jefferson County, Texas. The 2010 population estimate for Jefferson County was 252,273 residents, a 0.1% increase from the 2000 Census population of 252,051. The county seat of Jefferson County is Beaumont, and other cities and towns in the county include Fannett, Groves, Nederland, China, Port Neches, and Port Arthur. Major thoroughfares in the immediate area include Interstate Highway 10, U.S. Highway 69/90/287 and State Highway 347. U.S. Interstate Highway 10 runs in a southwest to northeast direction running through the county seat Beaumont. U.S. Highway 69/90/287 travels north to south through Beaumont and the Port Arthur area. State Highway 347 begins in Beaumont and travels southeast through Nederland, Port Neches, and Port Arthur. The major Cities within the vicinity of the subject are Beaumont and Port Arthur. Port Arthur has an estimated population of 53,818 residents. Beaumont has an estimated population of 118,296 residents. Urban land uses consist of mixed uses to include residential, commercial, and heavy industrial uses. The subject neighborhood is considered to consist of eastern Jefferson County and more specifically the Port Arthur, Nederland, and Port Neches areas. Allen, Williford & Seale, Inc. Page 4 SITE ANALYSIS Area (size): 4.293 Acres Shape: Irregular — long and narrow Dimensions: Maximum width: ±458'; Maximum length: ±1,286' Access: 9 Avenue Road Frontage (ft): ±458 FF: 9 Avenue Road Frontage Type: 9 Avenue is a four - lane asphalt paved roadway with open ditch drainage Topography: Level Drainage: Adequate Flood Plain: Zone B — Areas within the 500 -year flood plain & Zone AH (EL4) — Areas within the 100 -year flood plain with flooding effects from Alligator Gully Utilities: Electric, telephone, water and sewer available nearby Adjacent Land Use: Vacant land, agricultural, and industrial City Limits /ETJ: City of Port Arthur Zoning /Restrictions: LC — Light Commercial (City of Port Arthur) School District: Port Arthur ISD Existing Easements: None known Site description and other characteristics: This property consists of an irregular shaped tract of land that is long and narrow. The property is primarily open and level. A drainage ditch /canal borders the western property line and a retention pond is located adjacent to the east of the property. Additionally, two high voltage transmission lines border the northeast property line. The entire property is within Zone B, an area inside the 500 -year flood plain, and Zone AH (EL4), an area within the 100 -year flood plain with flooding effects from Alligator Gully. The property is within the city limits of Port Arthur and is zoned for light commercial use. An interior access road traverses the entire length of the property and appears to provide access to tracts to the north of the subject. IMPROVEMENT ANALYSIS Description of Improvements: There are no improvements located on the subject property. HIGHEST AND BEST USE ANALYSIS Highest and Best Use is defined in The Dictionary of Real Estate Appraisal, Fifth Edition, 2010, page 93, by the Appraisal Institute as "The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value." The procedure used in this report to estimate the highest and best use of the subject site was to consider, in sequence, the site's legal use, its possible use, its financial feasible use, and finally, the maximally productive or highest and best use. Summary of highest and best use analysis: The property consists of an irregular shaped tract of land that is long and narrow. Due to the shape of the subject, the number of possible uses of the property are limited. The length of the subject, with respect to its width, would preclude most forms of development. The property is within the city limits of Port Arthur and is zoned for light commercial use. The highest and best of the subject whole property, as vacant, is for use in conjunction with the adjacent properties for industrial use. Allen, Williford & Seale, Inc. Page 5 SUBJECT WHOLE PROPERTY VALUATION Site Valuation Methodology © Sales Comparison Approach: A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available. ❑ Market Extraction: A method of estimating and value in which the depreciated cost of the improvements on the improved property is estimated and deducted from the total sale price to arrive at an estimated sale price for the land; most effective when the improvements contribute little to the total sale price of the property. © Alternative Method: (Describe methodology and rationale) As previously mentioned, the subject has a highest and best use in conjunction with the adjacent properties for industrial use. The method of valuation in this situation involves the "Across the Fence" (ATF) technique which is a variation of the Sales Comparison Approach. The "Across the Fence" scenario relies on the principle of substitution. This assumes that a prudent purchaser would not pay more for a property than it would cost to assemble. In this case, the highest and best use of the subject is in conjunction with the adjacent properties for industrial use. The following sales comparison approach and adjustments are based upon the use of the subject with the adjacent tract of land. Sale Date Location Size (Acre) Per (Acre) Price 1/29/2008 Northeast line of HWY 347 frontage road, northwest of Amoco Rd. 20.028 $30,000 3/26/2008 Northeast corner of FM 365 and Main C Canal; Southwest of SH 69 58.820 $22,000 7/30/2008 Northwest line of FM 365, northeast of W. Port Arthur Road 27.973 $11,686 7/25/2010 West corner of Hodgson Road and Bourque Road 10.171 $9,832 1/20/2011 Northwest line of Richard Wycoff Drive, west of West Port Arthur Road 10.000 $42,500 2/21/2011 Northeast line of SH 347, northeast of SH 96 19.000 $50,000 3/21/2011 Northeast line of U.S. Highway 287/69/96, northwest of Spurlock Road 12.292 $28,519 3/8/2012 Northeast corner of 39th Street and Normandy Avenue 2.320 $28,017 6/14/2012 South line of Garner Street; West of State Highway 73 1.910 $20,942 8/9/2012 West line of U.S. Highway 69/96/287, across from Well Springs Drive 12.500 $15,000 9/19/2012 West line of Richard Wycoff Drive, west of West Port Arthur Road 12.420 $52,500 3/20/2013 West line of U.S. Highway 69/96/287, south of FM 3514 9.397 $16,204 4/24/2013 Northeast of State Highway 347, northwest of State Highway 366 247.794 $5,000 8/22/2013 Southwest line of U.S. Highway 69/96/287, south of Beauxart Garden Rd 7.000 $100,000 These sales are indicators of value for the subject whole property. When comparing these sales to the subject, the factors considered the most critical were: conditions of sale, market conditions (time), location, size, physical characteristics. Physical characteristics may include, but is not limited to; shape, frontage, flood hazards, access, utilities, and topography. Other adjustment factors may include, but is not limited to; improvements, zoning/restrictions, minerals, use, or any other factor which may have influenced the sales price. Each sale was compared to the subject and adjusted based on these factors. The following is a summary of the adjustments for the comparable sales. Adjustments Sale Date Price Per Conditions of Market Location Size Physical Other Overall (Acre) Sale Conditions Characteristics Adjustments Comparison 1/29/2008 $30,000 Comparable Inferior Superior Comparable Superior Comparable Superior 3/26/2008 $22,000 Comparable Inferior Comparable Comparable Comparable Comparable Inferior 7/30/2008 $11,686 Comparable Inferior Comparable Comparable Comparable Comparable Inferior 7/25/2010 $9,832 Comparable Inferior Comparable Comparable Comparable Comparable Inferior 1/20/2011 $42,500 Comparable Comparable Superior Comparable Superior Comparable Superior 2/21/2011 $50,000 Comparable Comparable Superior Comparable Superior Comparable Superior 3/21/2011 $28,519 Comparable Comparable Comparable Comparable Comparable Comparable Comparable 3/8/2012 $28,017 Comparable Comparable Comparable Slightly Superior Comparable Comparable Slightly Superior 6/14/2012 $20,942 Comparable Comparable Comparable Slightly Superior Comparable Comparable Slightly Superior 8/9/2012 $15,000 Comparable Comparable Comparable Comparable Slightly lnferior Comparable Slightly lnferior 9/19/2012 $52,500 Comparable Comparable Superior Comparable Superior Comparable Superior 3/20/2013 $16,204 Comparable Comparable Comparable Slightly Superior Slightly lnferior Comparable Slightly lnferior 4/24/2013 $5,000 Comparable Comparable Comparable Inferior Inferior Comparable Inferior 8/22/2013 $100,000 Comparable Comparable Comparable Slightly Superior Superior Comparable Superior Allen, Williford & Seale, Inc. Page 6 Site Valuation Comments: The comparables range in sale price from $5,000 per acre to $100,000 per acre and range in sale date from January 2008 to August 2013. The highest and best use of the subject property is in conjunction with the adjacent tracts for industrial use. Accordingly, the comparable sales utilized and adjustments are based on the subject being used with the adjacent tract, which we believe has a per -unit value of $25,000 per acre. Site Valuation Reconciliation: We have also considered several other transactions that occurred in the area. Based on this information, other sales and sale offerings, and conversations with knowledgeable individuals in the real estate market, it is our opinion that the subject whole property (land only) has a market value as follows: Subject Whole Property 1 4.293 Acres @ $25,000 per Acre = $107,325 Allen, Williford & Seale, Inc. Page 7 VALUATION OF PART TO BE ACQUIRED Description of partial acquisition: The proposed acquisition consists of a permanent access road easement. The permanent easement travels approximately 1,362.77 linear feet, has a width of 20 feet, and contains a total of 0.6257 acre of land. The proposed access road easement will follow an existing road across the subject. Please refer to the survey exhibit in the addenda for further details of the proposed permanent easement. Improvements located within the partial acquisition that require valuation: None Highest and best use of part to be acquired: The partial acquisition's use is believed to be limited to use in conjunction with the subject whole property. As such, the highest and best use of the partial acquisition, as vacant, is for use in conjunction with the subject whole property. Valuation of partial acquisition: (Land Only) In this instance, the partial acquisition consists of a permanent easement. Acquiring all rights to the easement area will not be necessary. Based on the use to which the easement will be put and the property rights imposed by the taking of the proposed easement, an appropriate percentage deduction to the previously concluded fee simple value of the property is necessary. We have estimated the value of the acquisition based on the impact on the subsurface, surface, and air right estates for the property. The rights being acquired by the proposed easement are considered less than the total underlying land value. The value of the partial acquisition, land only, is calculated as follows: of Value Partial Acquisition: Area Per Unit Value Acquired Access Road Easement 0.6257 acres @ $25,000 per Acre @ 50% = $ 7,821 Land Total $ 7,821 Contributory value of improvements within partial acquisition (if required): Itemized Improvements f $ $ $ Total value of improvements within partial acquisition $ 0 Total valuation of partial acquisition The value of the partial acquisition consists of the value of the land and any improvements located within the partial acquisition that require valuation. The total value of the partial acquisition, land and improvements is calculated as follows: Partial Acquisition (Land Value) $ 7,821 Partial Acquisition (Improvements) $ 0 Total Value of Partial Acquisition 2 $ 7,821 Allen, Willi ford & Seale, Inc. Page 8 VALUATION OF REMAINDER PROPERTY Description of remainder property: The remainder before and after the acquisition will contain approximately 4.293 acres of land, of which 0.6257 acre will be encumbered by the proposed permanent easement. The unencumbered remainder will consist of 3.6673 acres. Value of Remainder Before the Acquisition: The value of the remainder before the acquisition is merely a mathematical process by which the value of the partial acquisition is subtracted from the subject whole property. This value is calculated as follows: Value of Subject Whole Property $ 107,325 Less: Value of Partial Acquisition $ 7,821 Value of Remainder Before Acquisition 3 $ 99,504 Value of Remainder After the Acquisition Effect on remainder property after the acquisition: The proposed access road easement will follow an existing road across the subject property. The remainder after the acquisition will maintain the same physical characteristics and highest and best use as the subject whole property. The remainder after is not adversely impacted by the proposed acquisition, and the per -unit value of the remainder after is the same as the per -unit value of the whole property. The landowner will retain 50 percent of the fee - simple value in the area encumbered by the proposed easement. Highest and best use of remainder after: The highest and best use of the remainder after is the same as the whole property. The value of the remainder after the acquisition considers the impact of the project and is estimated as follows: Remainder After Property Area Per Unit Value of Value Remaining Land — Unencumbered 3.6673 acres @ $25,000 per acre @ 100% = $ 91,683 Access Road Easement 0.6257 acre @ $25,000 per acre @ 50% = $ 7,821 Less: Cost to Cure * ** $ 0 Total Value of Remainder After 4 $ 99,504 ** *Refer to Cost to Cure supplement if applicable CALCULATION OF DAMAGES If there is any difference between the value of the remainder before and after acquisition, the result will be reflected as damages or enhancements to the remainder, as the case may be. © The remainder before and after the acquisition are the same and there are no damages. Damages = $0 ❑ The damages are calculated as follows: Value of Remainder Before the Acquisition $ - Less: Value of Remainder After the Acquisition $ - Indicated Value of Damages 5 $ 0 Explanation of Damages (if any): Allen, Williford & Seale, Inc. Page 9 VALUATION OF TEMPORARY WORKSPACES The value of the temporary easement is similar to a land lease over a period of time. The components needed in valuing temporary workspace include a per -unit land value, a land capitalization rate, and a duration period. Description of Temporary Workspaces: No temporary workspace is required in this instance. Term of workspaces (time): N/A Temporary workspace capitalization rate (rental rate): N/A Rental Workspace: Area Per Unit Value Rate Term None Total Temp. Workspace 6 = $ 0 COMPENSATION SUMMARY The Before and After Scenario methodology was utilized to estimate the total compensation due to the owners for the partial acquisition. This involves appraising the whole property, the acquisition and the remainder property. The valuation of the whole property does not take into consideration project influence. The acquisition is valued as a pro rata part of the whole. The remainder is appraised as impacted by the acquisition and project. A forecast is being made when appraising the remainder after. This forecast is a hypothetical condition. The compensation includes the value of the acquisition and any damages to the remainder which may arise. The general steps of the Before and After methodology are as follows: 1. Valuation of the whole property without consideration to any project influence. 2. Valuation of the partial acquisition. 3. Valuation of that portion of the subject remaining, not considering project influence. The valuation of the remainder before is merely a mathematical process by which the value of the partial acquisition is subtracted from the whole property. 4. Valuation of the remainder after the acquisition, considering the effect of the project. In this analysis, the remainder must stand alone as a separate unit. 5. Indication of damages; if there is any difference between the value of the remainder before and after acquisition, the result will be reflected as damages or enhancement to the remainder, as the case may be. 6. Lastly, the valuation of the temporary workspaces, if any, is estimated and added to the compensation To summarize, the total compensation due the property owner is the value of the acquisition, plus any damages resulting from the acquisition and /or project, plus the temporary workspace. These components of the Before and After methodology were previously estimated and the total compensation is computed as follows: Whole Property 1 $ 107,325 Less: Value of Partial Acquisition 2 $ 7,821 Indicated Value of Remainder Before Acquisition 3 $ 99,504 Value of Remainder After Acquisition 4 $ 99.504 Indicated Damages (Before minus After) 5 $ 0 Value Temporary Workspace 6 $ 0 Total Compensation (2 +5 +6) $ 7,821 Allen, Williford & Seale, Inc. Page 10 APPRAISER'S CERTIFICATION I certify that, to the best of my knowledge and belief: • the statements of the facts contained in this report are true and correct. • the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • my engagement in this assignment was not contingent upon developing or reporting predetermined results. • my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. • I have not performed services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three year period immediately preceding acceptance of this assignment. • Individuals who have provided significant real property appraisal assistance are named below. The specific tasks performed by those named are outlined in the Scope of Work section of this report. ❑ None ® Name(s) Jason F. Stastny • As previously identified in the Scope of Work section of this report, the signer(s) of this report certify to the inspection of the property that is the subject of this report as follows: Property Inspected by Appraiser (1): ® Yes ❑ No Property Inspected by Appraiser (2): ® Yes ❑ No ADDITIONAL CERTIFICATION FOR APPRAISAL INSTITUTE • The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. APPRAISER'S SIGNATURE APPRAISER (1): APPRAISER (2): Signature Signature 1 t /22 , (/) Name: Albert N. Allen, MAI, CRE, SR /WA Name: Adam P. Dybala, MAI Date of Report: 2/12/2014 Date of Report: 2/12/2014 Certified General Real Estate Appraiser Certified General Real Estate Appraiser License # TX- 132015 -G State: Texas License # TX- 1338781 -G State: Texas Designated Member of the Appraisal Institute Designated Member of the Appraisal Institute As of the date of this report, I have completed the continuing As of the date of this report, I have completed the continuing education program for Designated Members of the Appraisal education program for Designated Members of the Appraisal Institute. Institute. Allen, Williford & Seale, Inc. Page 11 STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS This appraisal is subject to the following assumptions and limiting conditions: • That the date of value to which the opinions expressed in this report apply is set forth on the first page of this report. The appraiser assumes no responsibility for economic or physical factors occurring at some later date which may affect the opinions herein stated. • That no opinions are intended to be expressed for legal matters or that would require specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers, although such matters may be discussed in this report. • That no opinion as to title is rendered. Name of ownership and the legal description were obtained from sources generally considered reliable. Title is assumed to be marketable and free and clear of all liens, encumbrances, easements, and restrictions except those specifically discussed in this report. The property is appraised assuming it to be under responsible ownership and competent management and available for its highest and best use. • That no engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area were taken from sources considered reliable and no encroachment or real property improvement is assumed to exist. • That maps, plats, and exhibits included herein are for illustration only, as an aid in visualizing matters discussed within this report. They should not be considered as surveys or relied upon for any other purpose. • In the event that we appraise any improvements in this report, our inspection deals only with valuation issues. We are not engineers and are not qualified to assess structural integrity or the adequacy and condition of their mechanical, electrical, or plumbing components. This appraisal is not a property condition report and should not be relied upon to disclose any conditions present in the property, and it does not guarantee the property to be free of defects. We are not licensed inspectors and we did not make an "inspection" of the improvements or land as defined by any state or federal regulations for real estate inspections. • That no detailed soil studies covering the subject property were available to the appraiser. Therefore, premises as to soil qualities employed in this report are not conclusive, but have been considered consistent with information available to the appraiser. • The property is appraised as though free and clear, under responsible ownership, and competent management. All existing liens and encumbrances have been disregarded. • Unless otherwise stated herein, all of the improvements previously described were considered operational and in good condition. • Unless stated otherwise in this report, no presence of hazardous materials on or in the property was observed by the appraiser. The appraiser has no information on the existence of such materials and is not qualified to detect same. The presence of such materials on or in the property could affect the appraiser's opinion of market value. However, the value estimate stated herein is based on the assumption that no hazardous materials are present on or in the property, and the appraiser accepts no responsibility for determining such condition. The client is urged to retain an expert in this field if there is any question as to the existence of hazardous material. • Any information furnished to us by others is believed to be reliable, but we assume no responsibility for its accuracy. • Possession of this report, or a copy thereof, does not carry with it the right to publication, nor may it be used for any purpose, by any but the applicant, without the previous written consent of the appraiser or the applicant and, in any event, only in its entirety. • This appraisal does not require us to give testimony in court or attend on its behalf unless arrangements have been previously made therefore. • The distribution of the total valuation in this report between land and improvements applied only under the existing programs of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. • The value is reported in dollars on the basis of the currency prevailing at the date of this appraisal. • We have no present or contemplated interest in the property appraised. • Our compensation for making this appraisal is in no manner contingent upon the value reported. • That the appraiser assumes no responsibility for determining if the property lies within a flood hazard area and its consequences to the property. It is advised that a Topographic Survey be obtained and local officials be contacted. • That our analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. • The appraisal of the Subject whole property considered all factors willing, knowledgeable buyers and sellers would consider in negotiating the purchase price of the property except the influence of the proposed project. • The appraisal of the Remainder considered all factors willing knowledgeable buyers and sellers would consider in negotiating the purchase price of the property including the use to which the part taken is to be put and the effects of the condemnation but excluded the effects of all non - compensable elements. • We have been provided ownership information for the subject property and a plat for the easements by the client. The size of the subject and easements are based on information provided by the client. • We assume no changes to the property have occurred between the most recent date of inspection and the effective date of value. There are no other limiting conditions contained in this report other than the ones listed above. Allen, Williford & Seale, Inc. Page 12 Addenda Addenda Allen, Williford & Seale, Inc. Addenda Addenda Right of Way Survey Allen, Williford & Seale, Inc. Addenda EXHIBIT "A" ACCESS ROAD EASEMENT Legal Description: 0.6257 Acre Access Road Easement Out of and Part of Lots 4, 5 & 6, Block 8, Range H Port Arthur Land Company Subdivision Volume 1, Page 22, Map Records W. Kyle Survey, Abstract No. 412 Jefferson County, Texas BEING 0.6257 acre access road easement situated in the W. Kyle Survey, Abstract No. 412, Jefferson County, Texas, being out of and part of Lots 4, 5 & 6, Block 8, Range H of Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas and also being out of and part of that certain called 4.293 acre tract as described in deed from The Most Reverend Vincent M. Harris, Bishop of Beaumont to The City of Port Arthur, Texas as recorded in Volume 1498. Page 472, Deed Records, Jefferson County, Texas, said 0.6257 acre access road easement being more particularly described as follows: NOTE: All bearings and coordinates are referenced to Texas Coordinate System of 1983, South Central Zone NAD83(CORS96). All distances are grid. COMMENCING at a Texaco concrete monument found for the Northwest corner of the said 4.293 acre The City of Port Arthur, Texas tract and also being the Northeast corner of that certain tract of land, identified as Tract VI, as described in a "Correction Special Warranty Deed" from Texas Refining and Marketing Inc. to STAR Enterprise, as recorded in Film Code No. 102 -84 -1325, Official Public Records of Real Property, Jefferson County, Texas, said corner also being in the Southwesterly right -of -way line of a Entergy (formerly Gulf States Utilities) 150 foot wide easement, said corner having coordinates of N 13,921,261.410, E 3,567,426.309; THENCE SOUTH 45°36'12" EAST, along and with the Northerly line of the said 4.293 acre The City of Port Arthur, Texas tract, for a distance of 102.23 feet to the POINT OF BEGINNING of the easement herein described, said point having coordinates of N 13,921,189.891, E 3,567,499.351; THENCE SOUTH 45 °36' 12" EAST, continuing along and with the Northerly line of the said 4.293 acre The City of Port Arthur, Texas tract, for a distance of 20.58 feet to a point for comer, said point being the beginning of a curve to the left, having a radius of 465.14 feet and being subtended by a chord bearing of SOUTH 15 °08'07" WEST for a chord distance of 245.84 feet; THENCE SOUTHWESTERLY, along and with said curve for an arc distance of 248.80 feet to a point; THENCE SOUTH 00 °11'18" EAST, over and across the said 4.293 acre The City of Port Arthur. Texas tract, for a distance of 354.11 feet to a point for comer; THENCE SOUTH 00°23'16" EAST, continuing over and across the said 4.293 acre The City of Port Arthur, Texas tract, for a distance of 344.09 feet to a point for corner, said point being the beginning of a curve to the left, having a radius of 151.57 feet and being subtended by a chord bearing of SOUTH 13 °33'49" EAST for a chord distance of 79.41 feet; EXHIBIT "A" ifARK 11: FYHITF_LE). INC. THENCE SOUTHEASTERLY, along and with said curve for an arc distance of 80.35 feet to a point; THENCE SOUTH 28 °44'59" EAST, continuing over and across the said 4.293 acre The City of Port Arthur, Texas tract, for a distance of 344.37 feet to a point for corner said point being in the Northeasterly right of way line of 9 Avenue (based on a width of 120 feet); THENCE NORTH 53 °23'55" WEST, along and with the Northeasterly right of way line of 9 Avenue, for a distance of 47.95 feet to a point for corner; THENCE NORTH 28 °44'59" WEST, continuing over and across the said 4.293 acre The City of Port Arthur, Texas tract, for a distance of 300.79 feet to a point for corner, said point being the beginning of a curve to the right, having a radius of 171.57 feet and being subtended by a chord bearing of NORTH 13 °37'26" WEST for a chord distance of 89.54 feet; THENCE NORTHWESTERLY, along and with said curve for an arc distance of 90.59 feet to a point; THENCE NORTH 00 °23' 16" WEST, continuing over and across the said 4.293 acre The City of Port Arthur, Texas tract, for a distance of 343.73 feet to a point for corner; THENCE NORTH 00°11'18" WEST, continuing over and across the said 4.293 acre The City of Port Arthur, Texas tract, for a distance of 354.14 feet to a point for comer, said point being the beginning of a curve to the right, having a radius of 485.14 feet and being subtended by a chord bearing of NORTH 15 °25'41" EAST for a chord distance of 261.19 feet; THENCE NORTHEASTERTLY, along and with said curve for an arc distance of 264.45 fee to the POINT OF BEGINNING of the easement herein described and containing 0.6257 acres more or less. Surveyed on May 14, 2012. This legal description is being submitted along with a plat based on this survey (see EXHIBIT " : " . O .......E '�STE Thomas S. Rowe, RPLS No. 5728 ‘`� .e O „ W ,,,.. • Sf w. 10 -547 10 -547 MO 'I IVA ACCESS ROAD EASEMENT M&B.doc ;'(�- 1 2g .: . � - 1 EXHIBIT "A" MARK RK W. {i7IITELEY,4.ND ASSOCIATES. INC. PO L LINE BEARING DISTANCE N:13,921,261.410 .rR N:13,921,189.891 L1 S45'36'12"E 20.58' E:3,567,426.309 s� E :3,567,499.351 L2 sou 11'18 "E 354.11' w cS "o ��. L3 S00'23'16 "E 344.09' a ? ��• F L4 S28'44'59 "E 344.37' a PO C ll L5 N53'23'S5"W 47.95' 0 V � .'#, L6 N28'44'59"W 300.79' 0 °o, o FND TEXACO �� L7 N00'23'16"W 343.78' ° w a , ° . ' CONC. MONO. s o � ( L8 NO0' 1 1 '1 E "W 354.14' t to w w , oo b .p �" Z O V O a 0 o ro r-) N.) r x V ��� Z OO N ¢ • N Cn Z (/ U ' 0U al z C ^ rn 2 G � s 9 c / z o z w E3 3 __ p m _coo aci oo w SO GB ,. U 412 Z �0a 0 U!n U) Z Z 6 110 ° OZ o' - Z V'Q wm U z aVf 2 0 0 ¢ ~ to w \ CALLED 4.293 ACRES v) a 'z ct `� 0 o o -� cl N CITY OF PORT ARTHUR, TEXAS � vj w o a w 0 a - 'a) VOL. 1498, PG. 472 / a Z o W zz x w¢ o xa rnrng CO DRJC w Boa ¢ 1 4.1c 0 C'J r - / 50_ c, t - t co • � `N ° o Z� CNI f a O 0 0 w 0 0 Iti N / Z,O O O S CC N \ �ii OOV�wV1�N � ') C7 / z cn2p ti CI z W N Lu O U ( N. CO i c v 47 \ O O Min In o \ / Q � � Z Q N CO 0) N n [y� O � µ Z m U cn jO Z 2 Qg 2 22 UZ04 Z SJ CIS •••-4 ~ C U OAS to � 5ui- -r--ui 8E - -0 z� w z p � 41• - d' N 0 0 H y x N Vi z 0 .6257 ACRE ACCES v z =3 2jw�p�80 w ROAD EASEMENT ti m ►- , N ° z ~o CI c co U V c) U V 5 a a z ._: oN > 1 tO'1 T O THE OWNERS OF THE PREMISES SURVEYED / AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY / MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. / MAY 14, 2012 DATE SURVEYED; 4 1.------ C'1 N / Y ir �s i fi.\ w 's . ......... ••'' i / 4 OM I' S S ,.. �. o' ` l''. s` ° .. •, / THOMAS S. ROWE ‘- REGISTERED PRO INS. .hy C "._;+�; M:' OR No. 5728 CUEND SUNOCO PIPELINE LP. 4 FND TEXACO EXHIBIT B ss CONC. M NU. �6' I ' :• ,1 of 1 REFER TO EXHIBIT ss A" JOB NO ` 1 oij I FOR LEGAL DESCRIPTION N c9 l r� 10 -5 10-547 .oMC 1 0 �nxx W. WHTELEY SURVEY OF A �� ?2 o -4t& AND ASSOCIATES 0.6257 ACRE ACCESS �J �' CONSUMING srcn= ROAD EASEMENT TTS- 0001.63 W KYLE SURVEY TTS- 0001.64 \ 'e° '-8193 AB51'NACT NO. 412 TTS- 0001.65 � '°° JEFFERSON COUNTY, TEXAS 4° . , ,,,tea. 4 Addenda Aerial Photography Addenda Allen, Williford & Seale, Inc. . » x . ` . A Proposed Access \, Road Easement ` 'ate , {. , t "Wik., \ . " I i • ' Y v t ` .. • ti N r 1 i , ( - 10O earth 1_,Ceci • s . .... .. ... Go)gle earth feet 1000 A meters 500 Addenda Topographical Map Allen, Williford & Seale, Inc. Addenda e ' > . \ • if ) 0 '. F 5. + k 6 e. • » k , ! I i—t N . 411) z 4 + r i/%1/4 to„: ...„.., 06 : : 14* s H �i w w. , y{ 1 * JN • �.. / ,P - _. /�� , I� _euVr ,f ! ► ra.sol.kftvo '- .' a �+ , X73 j,..,"„ j Google earth feet 2000 meters 900 Addenda Photographs Allen, Williford & Seale, Inc. Addenda PHOTOGRAPHS • ,.. Point from which taken: 9th Avenue along the south property line Looking: Northwest along the subject frontage Point from which taken: 9 Avenue along the south property line Looking: North at the subject property Allen, Williford & Seale, Inc. Photo -1 PHOTOGRAPHS • F Point from which taken: 9 Avenue along the south property line Looking: Northwest at the subject property Point from which taken: 9 Avenue along the south property line Looking: Northwest along the proposed access road Allen, Williford & Seale, Inc. Photo - Addenda Deed of Record Allen, Williford & Seale, Inc. Addenda consideration therein expressed, and the said Clara Barnes, wife of Lhe said E. J. Barnes, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Clara Barnes, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and con- sideration therein expressed, and that she did not wish to retract it. � under my hand and seal of office, this k/ day of A , A. D., 1967. PEARL• SWG!tFEiJSGE Ltd/ , Naary Cublit Jplfe "q ^•C "r'S�us Notary Public in a for Jefferson County, texas. -6- PILED FOR RECORD • ' �•utL3W COUNTY n..ERK '; JEFFERSON . "U^!TY. TEXAS APR 211 1 116 AM 1961 THE STATE OF TEXAS § 732819 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON That I, The Most Reverend Vincent M. Harris, Bishop of Beaumont, Successor in interest to W. J. Nold, Bishop of Galveston, hereinafter referred to as Grantor, of the County of Jefferson, State of Texas, for and in consideration of the sum of Ten Thousand ($10,000.00) Dollars, and other good and valuable consideration, to me in hand paid by The City of Port Arthur, Texas, hereinafter referred to as Grantee, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said The City of Port Arthur, Texas, of the County - -- of Jefferson, State of Texas, the following described parcel of land lying and being situated in Jefferson County, Texas, more particularly described as follows: 4.293 acres of land, more or less, out of and a part of Lots 3, 4, 5 and 6, Block 8, Range "H" of the lands of the Port Arthur Land Company Survey in Jefferson County, Texas, as recorded in the Plat Records thereof and being more fully described by metes and bounds as follows, to -wit: Commencing at a point common to Lot 4, Block 8, Range "H ", Lot 5, Block 7, Range "H ", Lot 1, Block 8, Range "I" and Lot 8, Block 7, Range "I "; said point being marked by a 4" x 4" concrete monument and being on the centerline of Ninth Avenue Extended; Vol. 1 473 Thence, North 48'47' West, a distance of 769.50' to a point for corner; said point being common to the centerline of Ninth Avenue Extended and the North right -of -way line of Drainage District #7 Lateral "A -1 "; Thence, North 41'13' East, a distance of 20.0 feet to the existing East right -of =way line of Ninth Avenue Extended and the point of beginning of the tract of land herein described; Thence, North 48'47' West, along said East right - of -way line of Ninth Avenue Extended, a distance of 458.47' to its intersection with the South right -of -way line of the Texas Pipe Line Company 150.0' right -of -way point for corner; Thence, North 05 ° 06' East, along aforementioned Texas Company right -of -way line, a distance of • 1286.26 feet to its intersection with the West line of the Gulf States Utilities Company 150.0' right -of -way, point for corner; Thence, South 41 ° 01' East for a distance of 238.90' along the said West right-of-way of Gulf States Utilities Company to a point for corner; Thence, South 48'59' West for a distance of 100.0' to a point for corner; Thence, South 05'06' West, 120.0 feet from and parallel with the South line of the 150.0 ft. Texas Pipe Line Company right -of -way, a distance of 761.61 feet to a point for corner; said point also being , the point of curve (P.C.) of a simple 09'00' circu- lar curve to the left having a radius of 636.62 feet; Thence, along the aforementioned simple 09 ° 00' circular curve to the left, a distance of 598.70' to the point of tangency (P.T.) of said curve and a point for corner; Thence, South 48'47' East for a distance of 15.65' to a point for corner; said point being on the North right -of -way line of Drainage District #7 "A -1" Lateral; Thence, South 41 ° 13' West along said North right -of- way line of "A -1" Lateral for a distance of 40.0' to the point of beginning of the tract of land herein described; said tract containing 4.293 acres of land, more or less. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in any- wise belonging unto the said The City of Port Arthur, Texas, its successors and assigns forever; and I do hereby bind myself, my heirs, executors, and administrators, to WARRANT and FOREVER DEFEND all and singular the said premises unto the said The City of Port Arthur, Texas, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS, this 7 3/ day of March, 4. D., 1967. The Most Reverend Vincent M. Harris, Bishop of Beaumont, successor in interest to W. J. Nold, Bishop of Galveston -2- 414 Vol. 4 98 THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared THE MOST REVEREND VINCENT M. HARRIS, Bishop of Beaumont, Successor in interest to W. J. No/d, Bishop of Galveston, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. '':' GIVEN UNDER MY HAND AND SEAL OF OFFICE this the . , ,1 day of , A. D., 1967. • 7 . ;;;.... :.•���' Notary Public in and for Jefferson County, Texas FILED FOR REOORD JEFFE COUNT) . � CLERK i J ,4.0 dfa 24 0 17 If i 1961 THE STATE OF TEXAS COUNTY OF JEFFERSON. 732828 KNOW ALL MEN BY THESE PRESENTS: That we, MRS. ANNIE G. BUTLER, a feme sole, and CHARLES T. BUTLER, JR., of Jefferson County, Texas, and MRS. LAURA B. BOURRET, joined herein by her . husband, WESTON BOURRET, of the County of San Mateo, State of California, for and in consideration of the sum of Four Thousand Forty and no /100 ($4,040.00) Dollars to us paid and secured to be paid, by C. A. Kohler as follows: The sum of Eight Hundred Eight and no /100 ($808. 00) Dollars in cash, receipt of which is hereby acknowledged, and one promissory - vendor's lien note of even date herewith in the sum of Three Thousand Two Hundred Thirty Two and no /100 ($3, 232. 00) Dollars, such note being due and payable in five (5) annual installments in the sum of Six Hundred Forty Six and 40/100 ($646. 40) Dollars each and each such installment being payable as follows: To Mrs. Annie G. Butler $357.88; to Mrs. Laura B. Bourret $144.26, and to Charles T. Butler, Jr. $144. 26; such installments being due and payable on the 14th day of April of each year beginning on April 14, 1968. Said note bearing interest from date thereof at the rate of 6 -3/4% per annum, such interest being payable on the same date and in the same manner as the principal of such note. Said note further provides that Addenda Tax Information Allen, Williford & Seale, Inc. Addenda Jefferson CAD - Property Details http: / /propaccess. jcad. org /clientdb /Property.aspx ?prop_id =73383 Jefferson CAD Property Search Results > 73383 CITY OF PORT ARTHUR for Year 2014 Property Account Property ID: 73383 Legal Description: PT OF LTS 5 THRU LT 6 BLK 8 RANGE H PALCO 4.293 AC Geographic ID: 049400 - 000 - 037370 - 00200 -7 Agent Code: Type: Real Property Use Code: CC Property Use Description: VACANT CITY PROPERTY Location Address: Mapsco: TX Neighborhood: Map ID: 0 Neighborhood CD: Owner Name: CITY OF PORT ARTHUR Owner ID: 450415 Mailing Address: PO BOX 1089 % Ownership: 100.0000000000% PORT ARTHUR, TX 77641 -1089 Exemptions: EX -XV Values ( +) Improvement Homesite Value: + N/A ( +) Improvement Non - Homesite Value: + N/A ( +) Land Homesite Value: + N/A ( +) Land Non - Homesite Value: + N/A Ag / Timber Use Value ( +) Agricultural Market Valuation: + N/A N/A ( +) Timber Market Valuation: + N/A N/A (_) Market Value: = N/A ( —) Ag or Timber Use Value Reduction: — N/A ( =) Appraised Value: = N/A ( —) HS Cap: — N/A ( =) Assessed Value: = N/A Taxing Jurisdiction Owner: CITY OF PORT ARTHUR % Ownership: 100.0000000000% Total Value: N/A Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax 109 PORT ARTHUR INDEPENDENT SCHOOL DISTRICT N/A N/A N/A N/A 235 CITY OF PORT ARTHUR N/A N/A N/A N/A 343 PORT OF PORT ARTHUR N/A N/A N/A N/A 755 SABINE - NECHES NAVIGATION DIST N/A N/A N/A N/A 851 DRAINAGE DISTRICT #7 N/A N/A N/A N/A 901 JEFFERSON COUNTY N/A N/A N/A N/A A59 FARM AND LATERAL ROAD N/A N/A N/A N/A CAD JEFFERSON CO APPRAISAL DISTRICT N/A N/A N/A N/A Total Tax Rate: N/A 1 of 2 2/7/2014 11:04 AM Jefferson CAD - Property Details http: / /propaccess. jcad. org /clientdb /Property.aspx ?prop_id =73383 Taxes w /Current Exemptions: N/A Taxes w/o Exemptions: N/A Improvement / Building No improvements exist for this property. Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod. Value 1 Al Acres Style Type 4.2930 186872.40 0.00 0.00 N/A N/A Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2014 N/A N/A N/A N/A N/A N/A 2013 $0 $2,150 0 2,150 $0 $2,150 2012 $0 $2,150 0 2,150 $0 $2,150 2011 $0 $2,150 0 2,150 $0 $2,150 2010 $0 $2,150 0 2,150 $0 $2,150 2009 $0 $2,150 0 2,150 $0 $2,150 2008 $0 $2,150 0 2,150 $0 $2,150 2007 $0 $2,150 0 2,150 $0 $2,150 2006 $0 $2,150 0 2,150 $0 $2,150 2005 $0 $2,150 0 2,150 $0 $2,150 2004 $0 $2,150 0 2,150 $0 $2,150 2003 $0 $2,150 0 2,150 $0 $2,150 2002 $0 $2,150 0 2,150 $0 $2,150 Deed History - (Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page Deed Number Questions Please Call (409) 840 - 9944 This year is not certified and ALL values will be represented with "N /A ". Website version: 1.2.2.2 Database last updated on: 2/7/2014 12:12 AM ©2014 True Automation, Inc. All Rights Reserved. Privacy Notice This site only supports Internet Explorer 6 +, Netscape 7+ and Firefox 1.5 +. 2 of 2 2/7/2014 11:04 AM A / ,,,N,N,N,N ...'''' /:/;/ !j NN. . ' „, -,... '--,, \\‹ V j �, j . -:NNNNN , . , _,_--,,,,„,,,..,,,,,,,, \„,, \ .-- / .. ,_ ___„....„:, \\ .._:,„ ,;,,,;...„.,, S\ '' \ ,- . 1::'..,.,'',„'P''' 1 — cry_sreea Q abstraas r� dubs N Flex Map __ I ,arood u :_nwy socks car's Printed:Feb 07, 2014 `— railroads E 1 ...bd.... ! idty_bwndan" E �' Q ad_boundanes parcels flood s Addenda Flood Map Allen, Williford & Seale, Inc. Addenda „-„,/ ': _ \ / , y • i I z CORPORATE X9 9 9 U'• APPROXIMATE SCALE ^ \ .� 1060 O tGGGFEET DNE B q // J FLOODING EFFECTS FROM �O / I I ! �� I 1 ALLIGATOR GULLY G I I I NATIONAL FLOOD INSURANCE PRUGRAMI P 4 I t ! ! g /` ZONE AH ` .�. F III 1 9 (EL4) h h + I'” ! ii • / 4 \' 9 t i • ,,, \ , + f f 9 i ': . FIRM • s ' \' I! I FL000 INSURANCE RATE MAP , 9 I ,/ .,N, \r,;� a "O II r. 4 ~' e , /' II' CITY OF • • I� .- PORT ARTHUR, TEXAS = =;41 + , • (y ZONE B i 1 JEFFERSON COUNTY ZONE AH e c / : o- 7 e p ' " i ' � . PANEL 30 OF 80 4/1 7 84 (EL4) o `y A.O. �';�/ /' 1 1 i s ..fi ;:-' / ii 1 • , i / / "e >'.!o Ii I • 73 r ! / `Fry /, J /:` 1 I : \. 0 i' %' y ,,% `,,„ % ' ; � : i II COMMUNITY PANEI NUMBER ' � ewa g°' i )• /` 485499 0030E /I QI SpOSaI j ?�, �! ZONE $ IV i / '/ `� n: , a ' .frF MAP REVISED: f ;,i+� t t :�\ APRIL 17, 1984 / - :- \‘--....;•47.i.„, .� ,�' ar ^ , . .` . , ..,I,` /1 •,�� / m / <qh : • -.. is /',./ b � • , , ! , i i i Federal Emergency Management Agency i i 1 I ST. :/ . S 4 ? :••• ‹ // `. F � , ,^ • `` ` �,,.. I li J >.s - This an copy a portion of the above referenced flood map. J 1 C 0 % ^: � ! ' 8 ^ - is of c. S was e, trec[ed using F-MIT IT On - Thia map does na reflect changes LCD Z ; 4‘....4.'," 'S , or am endne ms whiph may hear Wen made subsequent t the tine on the , , ! ` ^ Qn S \ p title dock. For the latest oduct information 43000 National Flood Insurance �I A .; ,, - 'm N. Program flood mope check the FEMA Flood Map Store at www..msC./ema.gov APPR OXIMATE SCALE 1000 0 1000 FEET 1-1 ""L 1 (: ! I NATIONAL FLOOD INSURANCE PROGRA ■ j °' li ti IIII FIRM Vii', FLOOD INSURANCE RATE MAP I r 11 JEFFERSON COUNTY, ; TE XAS i III i;Il ;II (UNINCORPORATED AREAS) -ZONES lij I Il I PANEL 315 OF 600 1.11 V1 ISEE MAP INC. ECM PANELS NOT PNINiEO, � I lit i .i'I:I I;�II i I Cit of Port Arth 11.," r' 1 Y ' COMMUNITY-PANEL NUMBER AREA NOT INCLl'DE 1 480385 0315 B l EFFECTIVE OATS: F _,� ; JUNE 1,7983 11111 J 1 2! U C 1 Federal Emergency Management Agency ill ` —ZONE B This is an al copy a portion of the above n hood map. N was extracted eeo using OOy 4000 This s map does not not t r ht changes Or amendments which M May haw been made sub NM to t t 10 the o the title ll0 block. oo oek. For r thhe latest product t Information about N National al Flood d Insurance Program Hood maps check the FEMA Flood Map Store at www.msc.fema.gcy Addenda Zoning Allen, Williford & Seale, Inc. Addenda A , pp pt. alvostfa OCIPfkaPv ...'. 296-13 ',-'-• i , . �� .�.® SF Ow DFFVfiNit WAII 1 — R 05-02 : i • sPitcirrc USE RE RIYI ,.., .., i H - . Li ........—. 0 206-11 I ' .=.1.....; i ' ; { # .-^.5.• .1f. 1 .. . .... . , A . . 1 _..... ? •,-..' . 11 - -: 1 ■ = = 1 , • :..7 00000 i LzEi >(\\/ , _...--,,_... LC ---__:: • ..- .• — 1••• • I e ,,,- • 1 ..... — • - Ill 4 ' 11 ,. 7 _ .. • - ... ..., EHHHHFiHr E t :S= 0 E0 0000 =000 00000000 . .. ■..., I - ■ Addenda Comparable Sales and Map Allen, Williford & Seale, Inc. Addenda r4 DELORME DeLorme Street Atlas USA® 2011 r Comparable Land Sales Map _ at__. Now. t River g N f Lower Neches 01/29/2008 Wildlife Management 380 ' 20.028 Acres; Area - Bessie Height '„ �1 $30,000 /Ac _ _ 02/21/2011 ` ' ` 19.000 Acres' 04/24/2013 . ,550.000 /Ac 247.794 Acres ,$5,000/Ae f 10312012013 entral Gar dens 19.397 Acres P Neches $16,204/Ac .0"' 03/21/2011 `. F,4,4 366 F-M 366 N -o F 12.292 Acres - 0 p $28,519/Ac • 08/09/2012 m z 9 :A 12.500 Acres Q9 .e.4„ c $15,000/Ac p e y N 6 Nederland 6 �' $ P Q O . - 1_. �� t F.,,,, 3 'FT o (,P 08/22/2013 N:. 6 • F '7.000 Acres S A'„,./0 \, 10.171 Acres ` 5100,000 /Ac p ,' s6 'Z:9 ` 41)7.125/2010 N 4) h C IT E o F f �59, 8321AC 'Garden o.` �� s ' F_M 366 qq tJ ` (4 Ay k' � F ' � hJ 36 Yrterbo ou0wasl xas � � )J .� _ Re ai ffffffCCCCCCYYYYYY ., ,o _ �� _ _ - , ti m 06/14/2012 0 P A ` \ . Gro 1.910 Acres A / �4 1�jy[��, 9 'PA �. p .. '<, , 03/08/2012 —, 520,9421Ac r��-�f Z G 9 �0`' 9T9 ' ; 2.320 Acres 0 01/20/2011 ''P 03 /26/2008 2 - - T1 ' $28,017 /Ac 10.000 Acres' `' 58.820 Acres p'2� F ,. e-;"' S42,S601AC 522,0001Ac l - SUBJECT ® , 0, v t, Port Arthur '�. 5' J., /V Ar 09/19/2012 07/30/2008 /x' ,. i� 12.420 Acres d `. �{ 2 7.973 A cres J t' . Pear Ridge aa� rj $52,5001Ac $11,686/Ac �4 . Gntfing Par N // i ce _. , � F -M 365 F -M 365 J 67TH ST \ � , ' o Lakeview 07, 07, , • Port Acres �y �'` . i � . ' 69 Port Arthur • RI P� / -,,, / m Q -. ti WY _ � . S1 Q Q ..� �A. 9 q, (� e2 Data use subject to license. r Scale 1 : 93,750 © DeLorme. DeLorme Street Atlas USA® 2011. ` MN (2.0 0 www.delorme.com r 1' = 1.48 mi Data Zoom 11 -1 AWS 00001784 Land Sale — 01/29/2008 Location Northeast line of State Highway 347 frontage road, northwest of Amoco Road Date of Sale 01/29/2008 County Jefferson Grantor Phillip A. Roebuck Family Partnership, LTD Grantee TX Energy, LLC Recording Data Document No. 2008003576 Legal Description Being 20.028 acres of land being located in the Phelam Humphry League, Abstract No. 32, Jefferson County, Texas Frontage 726 FF: State Highway 347; 724 FF: Kansas City Southern Railroad Land Size 20.028 Acres Sales Price $600,843 ($30,000 per acre) Financing Cash to seller Flood Plain None Sewer Yes Water Yes Zoning C —M, Commercial Manufacturing Use at Date of Sale Vacant Easements ExxonMobil Oil, Mobile Pipeline Comments The confirmation source stated that this property sold for higher than market value because the buyer owned the adjacent land. AWS 00000613 Land Sale — 03/26/2008 Location Northeast corner of FM 365 and the Main C Canal, southwest of U.S. Highway 69 Date of Sale 03/26/2008 County Jefferson Grantor Sheila Louviere Sachitano, et al Grantee Park 365, Ltd. Recording Data Document No. 2008011636 Legal Description 58.82 acres of land out of Lots 1,2,3 and 8, Block 14, Range "L" and Lots 4 & 5, Block 14, Range "K ", City of Port Arthur, Jefferson County, TX. Frontage 2,202 FF: FM 365 Land Size 58.820 Acres Sales Price $1,294,040 ($22,000 per acre) Financing Cash to seller Flood Plain Zone AH Sewer No Water No Zoning None Use at Date of Sale Vacant Easements Multiple pipelines Comments The confirmation source indicated they could not disclose the exact sales price; however, indicated that the property sold for approximately $20,000 to $22,000 per acre. We have utilized a sales price of $22,000 per acre. AWS 00000522 Land Sale - 07/30/2008 Location Northwest line of FM 365, northeast of W. Port Arthur Road Date of Sale 07/30/2008 County Jefferson Grantor Sheila Louviere Sachitano, et al Grantee Jimmie Williamson, Trustee of the Williamson Family Trust Recording Data Document No. 2008027570 Legal Description 27.973 acres of land in the W. McFaddin Survey, Section No. 10, Abstract 415 and the T. & N. O. R. R. Survey, Section No. 7, Abstract No. 239, Jefferson County, Texas Frontage 1,143 FF: FM 365 Land Size 27.973 Acres Sales Price $326,880 ($11,686 per acre) Financing Cash to seller Flood Plain Zone AH Sewer Yes Water Yes Zoning None Use at Date of Sale Vacant Easements Multiple pipelines Comments This property consists of pastureland. There are multiple pipeline easements to include Exxon Mobile Pipeline Company, Enterprise Products Operating, LLC, Kinder Morgan Texas Pipeline, LLC, Enterprise Products Operating, LLC, DCP NGL Operating, LLC, Liquid Pipeline, LLC. AWS 00005941 Land Sale — 07/25/2010 Location West corner of Hodgson Road and Bourque Road Date of Sale 07/25/2010 County Jefferson Grantor Alton Stewart Grantee Greg Corkran Enterprises, Inc. Recording Data Document No. 2010027646 Legal Description Lots 1, 7, and 8 in Block 5 of Smith, Hodgson and Bigelow Truck Farm Subdivision, Jefferson County, Texas, save and except the westerly portion of Lots 7 and 8 which lies within that certain 3.929 acre are now known as Stewart Estates, Jefferson County, Texas Frontage Hodgson Road Land Size 10.171 Acres Sales Price $100,000 ($9,832 per acre) Financing Cash to seller Flood Plain Zone A3 within 100 —year flood; Zone B between the 100 —year & 500 —year flood Sewer Yes Water Yes Zoning Light Industrial (City of Nederland) Use at Date of Sale Vacant Easements Pipeline easement Comments Approximately half of this property is a portion of a private lake that is shared with several other owners. According to the Texas Railroad Commission, there is a pipeline traversing this property through the private lake. AWS 00010922 Land Sale — 01/20/2011 Location Northwest line of Richard Wycoff Drive, west of West Port Arthur Road Date of Sale 01/20/2011 County Jefferson Grantor The City of Port Arthur Section 4A Economic Development Corporation Grantee MPW Industrial Water Services, Inc. Recording Data Document No. 2011005253 Legal Description Being 10.0 acres of land out of Block 10, Port Arthur Economic Development Corporation Business Park Subdivision, the T. & N.O. R.R. Company Survey, Section No. 5, Abstract No. 238, and the William McFaddin Survey, Abstract No. 416, Jefferson County, Texas Frontage 249 FF: Richard Wycoff Drive Land Size 10.000 Acres Sales Price $425,000 ($42,500 per acre) Financing Cash to seller Flood Plain Zone X Sewer Available Water Available Zoning Deed restrictions Use at Date of Sale Vacant Easements Typical utility easements Comments This property consists of a vacant lot in the Port Arthur Business Park. The property has since been improved with a large metal building. This property is subject to the set —back lines and other restrictions described in the Covenants and Restrictions of Port Arthur Business Park. AWS 00007277 Land Sale - 02/21/2011 Location Northeast line of State Highway 347, northeast of U.S. Highway 96 Date of Sale 02/21/2011 County Jefferson Grantor Eastman Chemical Company Grantee Quantexas Energy, LLC Recording Data Document No. 2011006446 Legal Description Being a 19.000 acre tract or parcel of land situated in the Pelham Humphries League, Abstract No. 32, Jefferson County, Texas Frontage 905 FF: State Highway 347 Land Size 19.000 Acres Sales Price $950,000 ($50,000 per acre) Financing Cash to seller Flood Plain Zone X Sewer Unknown Water Yes Zoning Deed restricted to commercial or industrial uses Use at Date of Sale Vacant Easements Pipeline and utility easements Comments The property was originally listed as part of a 67 +/— acre tract of land for $50,000 /acre. This transaction is for the northern most 19 acres. The remainder of the parent tract is still listed for sale. This tract is located outside the city limits. According to the deed, there are multiple pipelines across the property. AWS 00013127 Land Sale - 03/21/2011 Location Northeast line of U.S. Highway 287/69/96, northwest of Spurlock Road Date of Sale 03/21/2011 County Jefferson Grantor 25/69 Investment, LLC Grantee Diamond M. Cattle & Exotics, LP Recording Data Document No. 2011009931 Legal Description Being 12.292 acres of land out of and a part of Lots 6, 7, and 8, Block 19, Range "I ", Port Arthur Land Company Subdivision, Jefferson County, Texas Frontage 350 FF: U.S. Highway 287/69/96 Land Size 12.292 Acres Sales Price $350,556 ($28,519 per acre) Financing Cash to seller Flood Plain Zone B Sewer Public Sewer Water Public Water Zoning None known (city of Central Gardens) Use at Date of Sale Vacant land Easements Pipeline easements Comments This property consists of a vacant, rectangular tract of land. This property has since been improved with a tractor sales /farm and ranch supply facility. The property is level, and it is entirely located in Zone B, an area between the 100 —year and 500 —year floodplain. According to the Railroad Commission of Texas, there are three pipelines operated by Sunoco Pipeline, LP on the property. AWS 00012776 Land Sale — 03/08/2012 Location Northeast corner of 39th Street and Normandy Avenue Date of Sale 03/08/2012 County Jefferson Grantor Classic, Inc. Grantee Normandy Land, LLC Recording Data Document No. 2012007942 Legal Description Being 2.32 acres of land known as Lot "D" of Normandy Place, City of Port Arthur, Jefferson County, Texas Frontage 240 FF: 39th Street, 421 FF: Normandy Avenue Land Size 2.320 Acres Sales Price $65,000 ($28,017 per acre) Financing $13,000 cash to seller, $52,000 note to seller Flood Plain Zone B Sewer Yes Water Yes Zoning LC — Light Commercial, City of Port Arthur Use at Date of Sale Vacant land Easements Typical utility easements Comments This property consists of a vacant lot with trees along the majority of the perimeter of the property. AWS 00012683 Land Sale - 06/14/2012 Location South line of Garner Street; West of State Highway 73 Date of Sale 06/14/2012 County Jefferson Grantor Ronald Wayne Broussard Grantee James T. Riley, et ux Recording Data Document No. 2012020172 Legal Description Being 1.91 acres of land and being the East One Hundred feet of Lot 25 and the West One Hundred feet of Lot 26, Warren Addition No. 2, Jefferson County, Texas Frontage 100 FF: Garner Street Land Size 1.910 Acres Sales Price $40,000 ($20,942 per acre) Financing Cash to Seller Flood Plain Zone AH (100 %) Sewer City Sewer Available Water City Water Available Zoning R2 — One and Two Family Dwelling (City of Groves) Use at Date of Sale Vacant land Easements None known Comments This tract consists of generally level cleared tract with a trees along the south property line. This property lies entirely within Zone AH, an area inside the 100 —year flood plain. The confirmation source indicated all utilities are available to this tract. This property is located in the City of Groves. AWS 00017848 Land Sale — 08/09/2012 Location West line of U.S. Highway 69/96/287, across from Well Springs Drive Date of Sale 08/09/2012 County Jefferson Grantor Jefferson County, Texas Grantee Industrial Safety Training Recording Data Document No. 2012026613 Legal Description Being 12.500 acres of land situated in the T. & N. 0. R.R. Survey, Section No. 1, Abstract No. 257 and the William Carroll Survey, Abstract No. 13, Jefferson County, Texas Frontage 531 FF: U.S. Highway 69/96/287 Land Size 12.500 Acres Sales Price $187,500 ($15,000 per acre) Financing Cash to seller Flood Plain Yes — Entirely within Zone A3, an area inside the 100 —year flood plain Sewer None Water None Zoning None Use at Date of Sale Vacant land Easements Pipeline easement Comments This property consists of a vacant tract of land with frontage on U.S. Highway 69/96/287. The property is heavily wooded and overgrown. Land uses in the immediate vicinity of the property consist of vacant land, light industrial, and commercial uses. The entire property is within Zone A3, an area inside the 100 —year flood plain. According to the Texas Railroad Commission, a pipeline traverses the property along the northern property line. Additionally, multiple pipelines and a high voltage transmission line border the southern property line. The property is in the Nederland ISD. AWS 00016780 Land Sale - 09/19/2012 Location West line of Richard Wycoff Drive, west of West Port Arthur Road Date of Sale 09/19/2012 County Jefferson Grantor City of Port Arthur Section 4A Economic Development Corporation Grantee WillFire HC, LLC Recording Data Document No. 2012031662 Legal Description Being 12.42 acres of land out of Block 10 of the Amended Port Arthur Economic Development Corporation Business Park Subdivision, situated in the W.M. McFaddin Survey, Abstract No. 416, Jefferson County, Texas Frontage 674 FF: Richard Wycoff Drive Land Size 12.420 Acres Sales Price $652,050 ($52,500 per acre) Financing Cash to Seller Flood Plain See Comments Sewer Available Water Available Zoning I — Industrial Use at Date of Sale Vacant land Easements Typical utility easement Comments This property consisted of a vacant tract of land in the Port Arthur Business Park at the time of sale. Subsequent to the sale, a 70,000 square foot facility, Williams Fire and Hazard Control, was constructed on the property. A drainage and access easement parallels the northwest boundary of this property. This property is subject to restrictions described in the Covenants and Restrictions of Port Arthur Business Park. The property is within the city limits of Port Arthur and is zoned for industrial use. The FEMA flood maps in the property area are currently undergoing revisions. According to the current FEMA flood maps, the entire property is located within Zone B (between the 100 —year and 500 —year flood plains). The new FEMA flood maps, which are projected to go in effect on June 16, 2014, indicated approximately 50% of the property will be within Zone AE (inside the 100 —year flood plain with a base flood elevation of 3 feet) and approximately 50% of the property will be within Shaded Zone X (between the 100 —year and 500 —year flood plains). AWS 00017852 Land Sale - 03/20/2013 Location West line of U.S. Highway 69/96/287, south of FM 3514 Date of Sale 03/20/2013 County Jefferson Grantor Jefferson County, Texas Grantee Beaumont On Site Services, LLC Recording Data Document No. 2013009030 Legal Description Being 9.3974 acres of land situated in the T. & N. O. R.R. Survey, Section No. 1, Abstract No. 257 and the William Carroll Survey, Abstract No. 13, Jefferson County, Texas Frontage 398 FF: U.S. Highway 69/96/287 Land Size 9.397 Acres Sales Price $152,280 ($16,204 per acre) Financing Cash to seller Flood Plain Yes — ±90% in Zone A3 — inside the 100 —year flood plain; ±10% in Zone B, an area inside the 500 —year flood plain Sewer None Water None Zoning None Use at Date of Sale Vacant land Easements None known Comments This property consists of a vacant tract of land with frontage on U.S. Highway 69/96/287. The property was heavily wooded and overgrown at the time of sale. The majority of the property is within Zone A3, an area inside the 100 —year flood plain, with the remainder being within Zone B, an area inside the 500 —year flood plain. The Al Price State Juvenile Correctional Facility is adjacent to the north of the property. Other land uses in the immediate vicinity of the property consist of vacant land, light industrial, and commercial uses. The property is in the Nederland ISD. AWS 00015539 Land Sale - 04/24/2013 Location Northeast of State Highway 347, northwest of State Highway 366 Date of Sale 04/24/2013 County Jefferson Grantor Nederland Economic Development Corporation Grantee Sunoco Partners Marketing & Terminals, L.P. Recording Data Document No. 2013014142 Legal Description Being 247.794 acres of land out of the Burr and Caswell Survey, Abstract No. 406, the John C. Kucher Survey, Abstract No. 158, the Ogister Montee Survey, Abstract No. 177, and the William Carroll Survey, Abstract No. 13, Jefferson County, Texas Frontage None Land Size 247.794 Acres Sales Price $1,238,970 ($5,000 per acre) Financing Cash to Seller Flood Plain 80% — Zone A8 (EL 8) & 20% — Zone B Sewer No Water None known Zoning Not Zoned (City of Nederland ETJ) Use at Date of Sale Vacant land Easements Multiple pipelines Comments This tract consists of low lying, vacant land with scattered brush and trees. This property is located entirely within an area designated as wetlands by the U.S. Fish & Wildlife Service. This property is 80% located within Zone A8, an area inside the 100 —year flood plain with coastal flooding effects from the Gulf of Mexico and Neches River, and 20% located in Zone B, an area between the 100 —year and 500 —year flood plains. The Texas Railroad Commission indicates this property is encumbered by existing pipelines. The grantee in this transaction owned adjacent tracts at the time of sale. The buyer reportedly received first right of refusal in this transaction on the adjacent 614 —acre tract to the west. According to the survey in the deed of record, 133.777 acres of this property are located in a "possible spoil area ". The confirmation source indicated the sales price did not allocate between areas encumbered/not encumbered by spoil easements. In the deed for this transaction, the seller also conveyed an additional 11.475 —acre property on the Neches River to the northwest of this 247.794 —acre property for a reported $30,000 per acre. The confirmation source indicated the sale of these two properties was negotiated separately. A private roadway borders this property to the west. AWS 00017837 Land Sale — 08/22/2013 Location Southwest line of U.S. Highway 69/96/287, southeast of Beauxart Garden Road Date of Sale 08/22/2013 County Jefferson Grantor Nederland Economic Development Corporation Grantee SRE Texas 11, LLC Recording Data Document No. 2013029505 Legal Description Being 7.00 acres of land situated in the William Carrol Survey, Abstract No. 13, Jefferson County, Texas Frontage 245 FF: U.S. Highway 69/96/287 Land Size 7.000 Acres Sales Price $700,000 ($100,000 per acre) Financing Cash to seller Flood Plain No — Zone C — outside the 500 —year flood plain Sewer Public Sewer Available Water Public Water Available Zoning L1 — Light Industrial (Nederland) Use at Date of Sale Vacant land Easements None known Comments This property consists of a vacant tract of land with frontage on U.S. Highway 69/96/287. The property is within the city limits of Nederland and is zoned L1 (Light Industrial). Land uses in the immediate vicinity of the property consist of light industrial, commercial, and residential uses. The property is in the Nederland ISD. The grantees have an option and right of first refusal agreement on the 12.8105 —acre tract adjacent to the north. The agreement indicates the purchase price for the adjacent acreage is $1,254,505 ($2.25/SF). The confirmation source indicated the adjacent 12.8105 —acre tract should close before August 2014. Addenda Qualifications Allen, Williford & Seale, Inc. Addenda QUALIFICATIONS OF ALBERT N. ALLEN, MAI, CRE, SR /WA Albert N. Allen is a principal in Allen, Williford & Seale a real estate appraisal firm with a national right of way valuation and litigation support practice. AWS has corporate offices in Houston, Texas and maintains project offices throughout the country. Allen frequently testifies as an expert witness regarding real property value in local, state and federal courts of law. He lectures on appraisal, right of way and eminent domain litigation at seminars and courses throughout the United States and Canada. Mr. Allen has been engaged in appraisal since 1972. BIOGRAPHICAL DATA Mr. Allen was born in San Antonio, Texas, in 1946. He attended public schools in Carrizo Springs, Texas and graduated from Texas A & M University in 1969. Mr. Allen served as an officer in the United States Army Corps of Engineers from 1969 to 1972. He is married and has three children. EDUCATION Bachelor of Science Degree - Texas A & M University Post Graduate Work at Texas A & M and University of Houston Continuing Education Credits through Courses, Seminars and Lectures PROFESSIONAL AFFILIATIONS The Counselors of Real Estate (CRE) Appraisal Institute (MAI, SRA) International Right of Way Association (SR /WA) Arizona Certified General Real Estate Appraiser No. 30968 Texas Certified General Real Estate Appraiser No. TX- 1320152 -G Also certified in various other states ACTIVITIES International Right of Way Association — Past International President International Right of Way Association - Gulf Coast Chapter 8 (Past President) International Valuation Committee (IR /WA) (Past Chairman) Society of Real Estate Appraisers - Houston Chapter (Past President) Texas Real Estate Appraiser Certification Committee (Past Member) Appraisal Institute - Board of Directors Houston Chapter (Past Member) Professional of the Year Finalist (IR /WA) Y.T. Lum Award Recipient (IR /WA) QUALIFICATIONS OF ADAM P. DYBALA, MAI Adam Dybala is a senior real estate appraiser with Allen, Williford, & Seale, Inc. AWS is a real estate appraisal firm with a national right of way valuation and litigation support practice. AWS maintains corporate offices in Houston, Texas with project offices throughout the country. Mr. Dybala's responsibilities include appraisal and appraisal review of all types of right of way and commercial properties. Mr. Dybala has been relied upon as an expert witness regarding real property value on numerous occasions. BIOGRAPHICAL DATA Mr. Dybala was born in Houston, Texas. He attended public schools in Sugar Land, Texas prior to attending The University of Texas at Austin. Mr. Dybala was actively involved in various organizations and was employed as a Licensed Texas Real Estate Salesperson while attending The University of Texas at Austin. Mr. Dybala is married and has a daughter. EDUCATION The University of Texas at Austin Bachelor of Business Administration (Finance) Appraisal Institute: Appraisal Principles Appraisal Procedures Uniform Standards of Professional Appraisal Practice General Appraiser Income Approach Part 1 General Appraiser Income Approach Part 11 Real Estate Finance, Statistics, and Valuation General Appraiser Sales Comparison Approach General Appraiser Site Valuation and Cost Approach General Appraiser Market Analysis and Highest & Best Use General Appraiser Report Writing and Case Studies Advanced Income Capitalization Advanced Sales Comparison and Cost Approaches Advanced Applications Business Practices and Ethics PROFESSIONAL AFFILIATIONS Appraisal Institute — MAI State Certified General Real Estate Appraiser: Texas Certificate No. TX- 1338781 -G Oklahoma Certificate No. 12968CGA EXHIBIT "B" RIGHT OF WAY AND EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THAT City of Port Arthur ( "Grantor ", whether one or more), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby forever GRANT, BARGAIN, SELL and CONVEY unto SUNOCO PIPELINE LP, a Texas limited partnership, its successors and assigns ( "Grantee ") a right -of -way and easement (the "Easement ") thirty feet (30') in width, being fifteen feet (15') on each side of the centerline shown Exhibit "A ", for the purpose of laying, constructing, maintaining, inspecting, operating, repairing, replacing, relocating, renewing, substituting, changing, protecting, altering, and/or removing and abandoning in place, in whole or in part, a pipeline and appurtenances thereof, including but not limited to pumps, valves, fittings, manifolds, meters, traps, corrosion control and protection equipment, communications and electrical cables buried in the Easement, manholes and slice points at or above ground level, air patrol markers and any and all other devices, equipment and structures from time to time deemed by Grantee to be necessary in connection with the use and prudent operation of said pipelines for the transportation and storage of gas, oil, other hydrocarbons or other liquids, solids, gases or mixtures thereof which can be transported through a pipeline, across the lands in Jefferson County, Texas, to -wit: 4.293 acres of land, more or less, out of and a part of Lots 3, 4, 5 and 6, Block 8 , Range "H" of the lands of the Port Arthur Land Company Survey in Jefferson County, Texas, as recorded in the Plat Records thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together, with the right of unimpaired access over and across the above - described lands and unimpaired ingress to and egress from said Easement across the above - described lands and adjacent property of Grantor. - It is further agreed as follows: 1. That in the exercise of its rights hereunder, Grantee shall: (a) bury all line pipes to a sufficient depth based on soil conditions and terrain and (b) restore the ground surface as nearly as practicable to the original contour which existed immediately prior to the commencement of any work. 2. That during construction, clean-up, restoration, maintenance and repair operations of said pipeline(s) or appurtenances, Grantee may utilize an additional forty -five (45) foot temporary working easement (the "Temporary Work Space ") contiguous to the thirty (30) foot Easement granted herein being thirty -five (35) feet in width beginning at the edge of the Easement on one side of the centerline and ten (10) feet in width, beginning at the edge of the Easement on the other side of the centerline, as shown in further detail on Exhibit A. After the completion of such construction, clean-up, restoration, maintenance and repair operations, Grantee shall have no further right to such temporary working easement until such construction, clean -up, restoration, maintenance and repair operations again become necessary. 3. Without the express written consent of Grantee, Grantor nor its agents, contractors, successors and assigns shall not (a) place any building, structure, improvement, trees, brushes, other vegetation or other obstruction within or upon the Easement, nor (b) alter the ground surface or grade of the Easement. 4. Without limiting the requirements of Section 2, Grantor and its successors and assigns shall, and shall cause their agents and contractors to, give Grantee not less than 72 hours notice prior to any excavation, grading, construction or installation of utilities over or near the Easement. 5. Grantee shall have the right to clear and keep cleared from within the Easement all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so, and Grantee shall not be liable for damages caused on the Easement by keeping the right -of -way clear of such trees, brush, undergrowth, buildings, structure, improvements or other obstructions in the exercise of its rights hereunder. 6. Grantee shall have the right, at its option, to install gates in any fences crossing said Easement. 7. It is understood and agreed that this grant is not a conveyance of the lands described herein or of any interest in the oil, gas and other minerals in, on or under said lands, but is a grant solely of the Easement granted herein. This grant is made subject to all applicable laws, ordinances, easements, leases, restrictions, reservations or covenants, either of record or evidenced by improvements upon the ground and to the extent same are in force. 8. All fixtures, equipment, and improvements placed on or fixed to the premises by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property from the Easement. 9. Should Grantee ever be required by applicable law or Grantee's operational needs to horizontally relocate its pipeline(s) and other facilities within or outside of said Easement, Grantee shall be entitled to relocate its pipeline(s) and other facilities to an alternate location within the above - described lands, and the Easement herein granted shall be amended to apply to and cover the alternate location so designated. 10. Grantor expressly acknowledges that the Easement granted includes the right of Grantee to install, operate, monitor and maintain cathodic protection systems. Grantor agrees to Grantee's placement of appropriate pipeline warning signs, as required by any applicable law, rule, regulation or order of any governmental entity properly exercising jurisdiction. 2 11. Grantor represents and warrants to Grantee that Grantor is the 100% owner in fee simple of the lands above described. 12. It is understood and agreed that the initial consideration recited above and receipt of which has been acknowledged by Grantor, is also full, complete and final payment for and includes usual and necessary construction damages that may be sustained by original construction of the pipeline(s) within the Easement area, including without limitation, reseeding, cutting trees and damages to surface, fences or any other property owned by Grantor. 13. The rights or privileges of Grantee hereunder may be assigned in whole or in part. 14. The exhibit hereto is incorporated herein by reference. This agreement, including the exhibit hereto, embodies the entire agreement and understanding between Grantor and Grantee and supersedes all prior understandings related to the subject matter hereof. 15. Grantor and Grantee agree that for the consideration herein stated, the Grantor does hereby release Grantee, its successors, partners, agents and assigns, from any and all claims, demands and causes of action which the Grantor may have or may be entitled to assert for damages to crops, timber, and all other things growing or situated upon the Easement and Temporary Work Space granted herein, as well as damages to the surface of said Easement and Temporary Work Space and all appurtenances or fixtures attached thereto, caused by or resulting from operations in connection with the said Easements. That said consideration constitutes payment in full for all normal damages incurred in the construction of pipeline right of way and easement and all other activities related to the location, installation and completion of the aforementioned easement and right -of -way. 16. The Easement and all rights, privileges, and obligations created herein shall run with the land and shall inure to the benefit of and be binding upon the legal representatives, heirs, executors, administrators, successors, and assigns of the parties hereto. 17. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 18. The exhibits attached hereto shall prevail if in conflict with the provisions of the printed Right -of -Way and Easement Agreement to which they are attached. [Signature Page(s) Follow] 3 EXECUTED AND EFFECTIVE this day of , 2013. GRANTOR: City of Port Arthur By: Name: Title: STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of , 2013, by , of City of Port Arthur. Notary Public, State of AFTER RECORDING RETURN TO: Sunoco Pipeline L.P. One Fluor Daniel Drive Building A, Level 3 Sugar Land, Texas 77478 Attn: Manager of Right of Way 4 Exhibit "A" Temporary workspace being forty -five (45') feet in width adjoining and parallel to the centerline where indicat and irregular additional workspace where indicated. Also, access roads being twenty (20') feet in width where indicated. 1 , � w ni * ; r'+ : 4 N e " 't t c ;. t r � tir t t/, , .\\ - r a r e t i :1 • r ! �•' x / , .'. • ' " F i r � a f `f`. {/r . j rx' s F t Z � 1 .» t • TTS- 0001.65m ", . 9 ' ..., k if x i&NO RR CO 412 i, ..;� t✓ e. ' f • ip f a a X ' e @,2013 Microsot ?rtrtii.^ 'J`tu�9IN,=:^ D. Tract Layout IO SO 100 20� eet 1 inch = 100 feet Owner: City Of Port Arthur Route 20' Parcels Survey /Abstract: B &C/396 Access Road Tract No:TTS- 0001.65 Rroer Survey Approximate TWS Acreage: +/- 0 Date: 1/11/2013 TTS- 0001.65 Disclaimer: This is a preliminary Approximate Access Road Acreage: sketch depicting the proposed +/- 0.157 ROW through the property. The distances and boundaries are approximate and does not in any way signify a certified survey plat. 5 RIGHT OF WAY AND EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THAT City of Port Arthur ( "Grantor ", whether one or more), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby forever GRANT, BARGAIN, SELL and CONVEY unto SUNOCO PIPELINE LP, a Texas limited partnership, its successors and assigns ( "Grantee ") a right -of -way and easement (the "Easement ") thirty feet (30') in width, being fifteen feet (15') on each side of the centerline shown Exhibit "A ", for the purpose of laying, constructing, maintaining, inspecting, operating, repairing, replacing, relocating, renewing, substituting, changing, protecting, altering, and/or removing and abandoning in place, in whole or in part, a pipeline and appurtenances thereof, including but not limited to pumps, valves, fittings, manifolds, meters, traps, corrosion control and protection equipment, communications and electrical cables buried in the Easement, manholes and slice points at or above ground level, air patrol markers and any and all other devices, equipment and structures from time to time deemed by Grantee to be necessary in connection with the use and prudent operation of said pipelines for the transportation and storage of gas, oil, other hydrocarbons or other liquids, solids, gases or mixtures thereof which can be transported through a pipeline, across the lands in Jefferson County, Texas, to -wit: 4.293 acres of land, more or less, out of and a part of Lots 3, 4, 5 and 6, Block 8 , Range "H" of the lands of the Port Arthur Land Company Survey in Jefferson County, Texas, as recorded in the Plat Records thereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together, with the right of unimpaired access over and across the above - described lands and unimpaired ingress to and egress from said Easement across the above - described lands and adjacent property of Grantor. It is further agreed as follows: 1. That in the exercise of its rights hereunder, Grantee shall: (a) bury all line pipes to a sufficient depth based on soil conditions and terrain and (b) restore the ground surface as nearly as practicable to the original contour which existed immediately prior to the commencement of any work. 2. That during construction, clean -up, restoration, maintenance and repair operations of said pipeline(s) or appurtenances, Grantee may utilize an additional forty -five (45) foot temporary working easement (the "Temporary Work Space ") contiguous to the thirty (30) foot Easement granted herein being thirty -five (35) feet in width beginning at the edge of the Easement on one side of the centerline and ten (10) feet in width, beginning at the edge of the Easement on the other side of the centerline, as shown in further detail on Exhibit A. After the completion of such construction, clean-up, restoration, maintenance and repair operations, Grantee shall have no further right to such temporary working easement until such construction, clean -up, restoration, maintenance and repair operations again become necessary. 3. Without the express written consent of Grantee, Grantor nor its agents, contractors, successors and assigns shall not (a) place any building, structure, improvement, trees, brushes, other vegetation or other obstruction within or upon the Easement, nor (b) alter the ground surface or grade of the Easement. 4. Without limiting the requirements of Section 2, Grantor and its successors and assigns shall, and shall cause their agents and contractors to, give Grantee not less than 72 hours notice prior to any excavation, grading, construction or installation of utilities over or near the Easement. 5. Grantee shall have the right to clear and keep cleared from within the Easement all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so, and Grantee shall not be liable for damages caused on the Easement by keeping the right -of -way clear of such trees, brush, undergrowth, buildings, structure, improvements or other obstructions in the exercise of its rights hereunder. 6. Grantee shall have the right, at its option, to install gates in any fences crossing said Easement. 7. It is understood and agreed that this grant is not a conveyance of the lands described herein or of any interest in the oil, gas and other minerals in, on or under said lands, but is a grant solely of the Easement granted herein. This grant is made subject to all applicable laws, ordinances, easements, leases, restrictions, reservations or covenants, either of record or evidenced by improvements upon the ground and to the extent same are in force. 8. All fixtures, equipment, and improvements placed on or fixed to the premises by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property from the Easement. 9. Should Grantee ever be required by applicable law or Grantee's operational needs to horizontally relocate its pipeline(s) and other facilities within or outside of said Easement, Grantee shall be entitled to relocate its pipeline(s) and other facilities to an alternate location within the above - described lands, and the Easement herein granted shall be amended to apply to and cover the alternate location so designated. 10. Grantor expressly acknowledges that the Easement granted includes the right of Grantee to install, operate, monitor and maintain cathodic protection systems. Grantor agrees to Grantee's placement of appropriate pipeline warning signs, as required by any applicable law, rule, regulation or order of any governmental entity properly exercising jurisdiction. 2 11. Grantor represents and warrants to Grantee that Grantor is the 100% owner in fee simple of the lands above described. 12. It is understood and agreed that the initial consideration recited above and receipt of which has been acknowledged by Grantor, is also full, complete and final payment for and includes usual and necessary construction damages that may be sustained by original construction of the pipeline(s) within the Easement area, including without limitation, reseeding, cutting trees and damages to surface, fences or any other property owned by Grantor. 13. The rights or privileges of Grantee hereunder may be assigned in whole or in part. 14. The exhibit hereto is incorporated herein by reference. This agreement, including the exhibit hereto, embodies the entire agreement and understanding between Grantor and Grantee and supersedes all prior understandings related to the subject matter hereof. 15. Grantor and Grantee agree that for the consideration herein stated, the Grantor does hereby release Grantee, its successors, partners, agents and assigns, from any and all claims, demands and causes of action which the Grantor may have or may be entitled to assert for damages to crops, timber, and all other things growing or situated upon the Easement and Temporary Work Space granted herein, as well as damages to the surface of said Easement and Temporary Work Space and all appurtenances or fixtures attached thereto, caused by or resulting from operations in connection with the said Easements. That said consideration constitutes payment in full for all normal damages incurred in the construction of pipeline right of way and easement and all other activities related to the location, installation and completion of the aforementioned easement and right -of -way. 16. The Easement and all rights, privileges, and obligations created herein shall run with the land and shall inure to the benefit of and be binding upon the legal representatives, heirs, executors, administrators, successors, and assigns of the parties hereto. 17. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 18. The exhibits attached hereto shall prevail if in conflict with the provisions of the printed Right -of -Way and Easement Agreement to which they are attached. [Signature Page(s) Follow] 3 EXECUTED AND EFFECTIVE this day of , 2013. GRANTOR: City of Port Arthur By: Name: Title: STATE OF § § COUNTY OF § This instrument was acknowledged before me on the day of , 2013, by , of City of Port Arthur. Notary Public, State of AFTER RECORDING RETURN TO: Sunoco Pipeline L.P. One Fluor Daniel Drive Building A, Level 3 Sugar Land, Texas 77478 Attn: Manager of Right of Way 4 Exhibit "A" Temporary workspace being forty -five (45') feet in width adjoining and parallel to the centerline where indicated and irregular additional workspace where indicated. Also, access roads being twenty (20') feet in width where indicated. - c . 1 1 1 .,,,,I.,t,,,:...4.,..,"."..iii: i... 7.e., : ,., : , 1 II 1 } fi t` I . , i r a t ' s' 4 ' B &C 356 \ , t T &NO RR CO 112 • 4 t f. 4 .a r , • Illik 1 I Tract Layout f 0 `02 100 200 f' FPet I 1 inch = 100 feet Owner: City Of Port Arthur Route 20' Survey /Abstract: B &C/396 Parcels Auess Road Tract No:TTS - 0001.64 R Nef Survey Approximate TWS Acreage: us-0001.64 +1- 0 Date: 1/11/2013 Approximate Access Road Acreage: sketch Disclaimer This is a preliminary proposed sketch depicting the propo +/- 0.265 ROW through the property. The distances and boundaries are approximate and does not in any way signify a certified survey plat. 1 RIGHT OF WAY AND EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THAT City of Port Arthur ( "Grantor ", whether one or more), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby forever GRANT, BARGAIN, SELL and CONVEY unto SUNOCO PIPELINE LP, a Texas limited partnership, its successors and assigns ( "Grantee ") a right -of -way and easement (the "Easement ") thirty feet (30') in width, being fifteen feet (15') on each side of the centerline shown Exhibit "A ", for the purpose of laying, constructing, maintaining, inspecting, operating, repairing, replacing, relocating, renewing, substituting, changing, protecting, altering, and/or removing and abandoning in place, in whole or in part, a pipeline and appurtenances thereof, including but not limited to pumps, valves, fittings, manifolds, meters, traps, corrosion control and protection equipment, communications and electrical cables buried in the Easement, manholes and slice points at or above ground level, air patrol markers and any and all other devices, equipment and structures from time to time deemed by Grantee to be necessary in connection with the use and prudent operation of said pipelines for the transportation and storage of gas, oil, other hydrocarbons or other liquids, solids, gases or mixtures thereof which can be transported through a pipeline, across the lands in Jefferson County, Texas, to -wit: A strip of land 100 feet in width out of lots 4, 5 and 6, Block 7, Range "H "; lots 3 and 6, Block 8, Range "H ", lots 2, 3 and 7, Block 9, Range "H" of the Port Arthur Land Company's Subdivision, Jefferson County, Texas said to contain 25.54 acres. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together, with the right of unimpaired access over and across the above - described lands and unimpaired ingress to and egress from said Easement across the above - described lands and adjacent property of Grantor. It is further agreed as follows: 1. That in the exercise of its rights hereunder, Grantee shall: (a) bury all line pipes to a sufficient depth based on soil conditions and terrain and (b) restore the ground surface as nearly as practicable to the original contour which existed immediately prior to the commencement of any work. 2. That during construction, clean -up, restoration, maintenance and repair operations of said pipeline(s) or appurtenances, Grantee may utilize an additional forty -five (45) foot temporary working easement (the "Temporary Work Space ") contiguous to the thirty (30) foot Easement granted herein being thirty -five (35) feet in width beginning at the edge of the Easement on one side of the centerline and ten (10) feet in width, beginning at the edge of the Easement on the other side of the centerline, as shown in further detail on Exhibit A. After the completion of such construction, clean-up, restoration, maintenance and repair operations, Grantee shall have no further right to such temporary working easement until such construction, clean-up, restoration, maintenance and repair operations again become necessary. 3. Without the express written consent of Grantee, Grantor nor its agents, contractors, successors and assigns shall not (a) place any building, structure, improvement, trees, brushes, other vegetation or other obstruction within or upon the Easement, nor (b) alter the ground surface or grade of the Easement. 4. Without limiting the requirements of Section 2, Grantor and its successors and assigns shall, and shall cause their agents and contractors to, give Grantee not less than 72 hours notice prior to any excavation, grading, construction or installation of utilities over or near the Easement. 5. Grantee shall have the right to clear and keep cleared from within the Easement all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so, and Grantee shall not be liable for damages caused on the Easement by keeping the right -of -way clear of such trees, brush, undergrowth, buildings, structure, improvements or other obstructions in the exercise of its rights hereunder. 6. Grantee shall have the right, at its option, to install gates in any fences crossing said Easement. 7. It is understood and agreed that this grant is not a conveyance of the lands described herein or of any interest in the oil, gas and other minerals in, on or under said lands, but is a grant solely of the Easement granted herein. This grant is made subject to all applicable laws, ordinances, easements, leases, restrictions, reservations or covenants, either of record or evidenced by improvements upon the ground and to the extent same are in force. 8. All fixtures, equipment, and improvements placed on or fixed to the premises by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property from the Easement. 9. Should Grantee ever be required by applicable law or Grantee's operational needs to horizontally relocate its pipeline(s) and other facilities within or outside of said Easement, Grantee shall be entitled to relocate its pipeline(s) and other facilities to an alternate location within the above - described lands, and the Easement herein granted shall be amended to apply to and cover the alternate location so designated. 10. Grantor expressly acknowledges that the Easement granted includes the right of Grantee to install, operate, monitor and maintain cathodic protection systems. Grantor agrees to Grantee's placement of appropriate pipeline warning signs, as required by any applicable law, rule, regulation or order of any governmental entity properly exercising jurisdiction. 2 11. Grantor represents and warrants to Grantee that Grantor is the 100% owner in fee simple of the lands above described. 12. It is understood and agreed that the initial consideration recited above and receipt of which has been acknowledged by Grantor, is also full, complete and final payment for and includes usual and necessary construction damages that may be sustained by original construction of the pipeline(s) within the Easement area, including without limitation, reseeding, cutting trees and damages to surface, fences or any other property owned by Grantor. 13. The rights or privileges of Grantee hereunder may be assigned in whole or in part. 14. The exhibit hereto is incorporated herein by reference. This agreement, including the exhibit hereto, embodies the entire agreement and understanding between Grantor and Grantee and supersedes all prior understandings related to the subject matter hereof. 15. Grantor and Grantee agree that for the consideration herein stated, the Grantor does hereby release Grantee, its successors, partners, agents and assigns, from any and all claims, demands and causes of action which the Grantor may have or may be entitled to assert for damages to crops, timber, and all other things growing or situated upon the Easement and Temporary Work Space granted herein, as well as damages to the surface of said Easement and Temporary Work Space and all appurtenances or fixtures attached thereto, caused by or resulting from operations in connection with the said Easements. That said consideration constitutes payment in full for all normal damages incurred in the construction of pipeline right of way and easement and all other activities related to the location, installation and completion of the aforementioned easement and right -of -way. 16. The Easement and all rights, privileges, and obligations created herein shall run with the land and shall inure to the benefit of and be binding upon the legal representatives, heirs, executors, administrators, successors, and assigns of the parties hereto. 17. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 18. The exhibits attached hereto shall prevail if in conflict with the provisions of the printed Right -of -Way and Easement Agreement to which they are attached. [Signature Page(s) Follow] 3 EXECUTED AND EFFECTIVE this day of , 2013. GRANTOR: City of Port Arthur By: Name: Title: STATE OF § § COUNTY OF § This instrument was acknowledged before me on the day of , 2013, b , of City of Port Arthur. Notary Public, State of AFTER RECORDING RETURN TO: Sunoco Pipeline L.P. One Fluor Daniel Drive Building A, Level 3 Sugar Land, Texas 77478 Attn: Manager of Right of Way 4 Exhibit "A" Temporary workspace being forty -five (45') feet in width adjoining and parallel to the centerline where indicated and irregular additional workspace where indicated. Also, access roads being twenty (20') feet in width where indicated. ,' ,BBB &CRRC '?° / - � + tt WQf}%t i i i • I I TTS- 0001.63 . d 1 , j A ti � ` f t - A E &C 396 T Nr7 r.R C."! 41: ' r I w T • i T qqq 0 i 4t. \ . ii• Tract Layout I° 50 100 200 'Feet 1 1 inch = 100 feet Owner: City Of Port Arthur Rate 2 0' Parcels Survev /Abstract: BBB & C RR C0/79 & B &C/396 Access Road River Tract No:TTS - 0001.63 s,,,,ey TTS 0001.63 Approximate TWS Acreage: Date: 1/11/2013 +1 - 0 Disclaimer: This is a preliminary sketch depicting the proposed Approxi Access Road Acreage: ROW through the property. The +/ 0.2 distances and boundaries are approximate and does not in any way signify a certified survey plat. 5