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HomeMy WebLinkAboutPR 18319: WATER TRANSMISSION LINE EASEMENT FROM SABINE PASS LIQUEFACTION, LLC P. R. NO. 18319 05/09/14 vrt RESOLUTION NO. A RESOLUTION ACCEPTING AN ASSIGMENT OF A WATER TRANSMISSION LINE EASEMENT FROM SABINE PASS LIQUEFACTION, LLC. WHEREAS, Sabine Pass Liquefaction, LLC. ( "SPL "), has obtained an easement under and across a 2.190 acre tract of land along Hwy 87, for the purpose of underground water transmission (attached hereto as Exhibit "A "); and WHEREAS, SPL has offered to donate this easement to the City of Port Arthur for the purpose of enhancing the City of Port Arthur's water delivery system via an Assignment of Easement document; and WHEREAS, it is deemed in the best interest of the City of Port Arthur to accept the assignment of said easement as delineated in Exhibit "B ", to facilitate the installation of a water transmission line for the transportation of potable water. 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 acceptance of the donated Easement attached s described in Exhibit "A ") along Hwy 87 is in the public s.pr18319 interest and serves a valid public purpose to facilitate improvements to the City's water delivery system. Section 3. That City Council hereby authorizes the Interim City Manager to execute the Assignment of Easement document attached hereto as Exhibit "B ". Section 4. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of 2014 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: City Secretary s.pr18319 APPROVED AS TO FORM: '2/ City Attorney APPROVED FOR ADMINISTRATION: City Manager s.pr18319 EXHIBIT "A" s.pr18319 11 Ill 1 III 111111 11 EA 2014014206 THE STATE OF TEXAS § § WATER TRANSMISSION LINE EASEMENT COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: That, MIXSON SURFACE INTEREST, INC.; C DOUBLE H PARTNERS, LTD; THOMAS H. CHAPMAN, JR. Individually; AND as Trustee of the CATHERINE ANN CHAPMAN, TRUST, THOMAS H. CHAPMAN, III, TRUST, SUE ELLEN CHAPMAN RUGGLES, TRUST AND JOSEPH M. CHAPMAN, TRUST; the GERTRUDE MIXSON DEMPSEY HEIRS, INC.; DEELU LAND AND CATTLE COMPANY, FLP; HEBERT - GREEN, LP; KH LAND COMPANY LTD. AND LABELLE PROPERTIES, LTD. hereinafter called Grantors, whose mailing addresses are listed below, for and in consideration of the sum of TEN DOLLARS ($10.00) to us in hand paid by the SABINE PASS LIQUEFACTION, LLC, hereinafter called Sabine or Grantee, whose mailing address is 700 Milam, Suite 800, Houston, Texas 77002, the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED and CONVEYED, and by these presents do GRANT and CONVEY unto Grantee, its successors and assigns, a right, privilege, and easement to construct, install, operate, repair, maintain, and reconstruct one (1) thirty inch (30 ") (inside diameter) underground water transmission line ( "water line ") for the transportation of potable water only in, under and across that certain tract of land owned by Grantors and situated in Jefferson County, Texas, and more particularly described as follows, to -wit: A 2.190 acre tract of land or parcel of land located in the Dennis Gahagan League, Abstract No. 123 in Jefferson County, Texas being out of called 667.2 acre tract conveyed to Ben C. Hebert Heirs, et al, being out of Division "C" of record in Volume T, Page 181 of the Deed Records of Jefferson County, Texas. 1 The right -of -way shall be twenty feet (20') in width, contains approximately 2.190 acres, more or less, and is more fully described by metes and bounds on Exhibit "A ", which is attached hereto and made a part hereof by reference. The Iocation of said right -of -way is shown on the plat prepared by ARCENEAUX & GATES, which is attached hereto, labeled Exhibit `B" and incorporated herein by reference. Subject to any and all present easements, mineral leases, and other encumbrances of record or easily discoverable from a careful inspection of the ground and subject to any and all present farm, hunting, trapping, and other leases and /or permits. The attached legal descriptions were furnished to Grantors by Grantee. If this right -of -way encroaches on any other easement in any way, then Grantee agrees that it will obtain permission from the appropriate party before Iaying its water line and that it will indemnify and hold Grantors harmless for any such encroachment. TO HAVE AND TO HOLD the above granted right -of -way together with all and singular the privileges and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, with ingress to and egress from said right -of -way as reasonably needed to install and maintain a water line, with the further right to maintain the right -of- way herein granted clear of trees, undergrowth, and brush to the extent that Grantee deems necessary to exercise the rights hereby granted. HOWEVER, GRANTEE MAY NOT USE ANY HERBICIDES OR OTHER CHEMICALS TO CONTROL THE UNDERGROWTH. GRANTEE DOES NOT HAVE THE RIGHT TO ENTER SAID LAND UNTIL GRANTEE HAS GIVEN GRANTORS AN ORIGINAL COPY OF THIS EASEMENT EXECUTED AND ACKNOWLEDGED BY AN AUTHORIZED AGENT OF GRANTEE. 2 The above conveyance is subject to the covenants hereby made by Grantee and the conditions that Grantee will, as soon as reasonably possible: 1. Fully restore and level the surface of said land to, as nearly as can reasonably be done, the same condition.as same was prior to any such operations so that there will not be any permanent mounds, ridges, sinks, or trenches left by any of the Grantee's operation; 2. Fully restore to at least good condition as same were prior to any of Grantee's operations, all private roads, drainage or irrigation ditches, canals, and other improvements of Grantors, if any, disturbed or damaged by any of Grantee's operations hereunder; 3. Fully and in all things promptly restore and replace any and all damage done to any fences or other animal containing installations of Grantors and their Tenants in exercising any of the rights granted hereby; 4. Bury the water line to a minimum depth of forty -eight inches (48 ") between the top of the water line and the existing ground level upon completion of installation. 5. Pay for any and all damage, if any, to growing crops, fences, trees, livestock, plowed land, irrigation installations, and other improvements of Grantors and their tenants on said land which may arise from the installation, use, and maintenance of said water line; 6. Inspect the water line area within thirty (30) days of completion of the installation of said line and level the land to its original contour, if necessary; 7. Give Grantors and Grantors' Tenants at least five (5) days' notice before it begins the installation of the water line or any maintenance activities. 8. Furnish Grantors a survey and plat showing the as -built location of the water line within thirty (30) days after the completion of its installation through the tract of land 3 described herein. If in the future Grantors need to know the exact location of said water line, Grantee shall mark the exact location thereof within five (5) days of receipt by Grantee of Grantors' written request. Grantors are to fully use and enjoy the said premises and may grant other easements to other persons from time to time, provided, however, that same do not unreasonably interfere with Grantee's installation and maintenance of the water line contemplated hereunder, including, but not limited to, the rights to lease the premises and to grant easements, rights -of -way, and seismic permits, and to explore or develop oil, gas, and other minerals thereunder. Grantors shall not construct or permit to be constructed any house, structures, or obstruction on or over, or that will be unreasonably interfere with the maintenance or operation of the water line installed in said easement. As part of the consideration hereof, it is hereby specifically agreed by and between Grantors and Grantee that if, at any time hereafter, Grantors, their heirs, beneficiaries, executors, or administrators shall determine to construct any roads, streets, highways, canals, laterals, ditches, or utility facilities across, (as opposed to Iength -wise) the hereby granted right -of -way, Grantors, their heirs, beneficiaries, executors, or administrators shall have the absolute right and privilege to do so, and Grantee, at its sole cost and risk after forty -five (45) days' notice to do so by the Grantors, their heirs, beneficiaries, executors, or administrators, will make such alterations in place to its water line as necessary to protect such line from any damage as a result of the construction and maintenance of such roads, streets, highway, canals, laterals, ditches, or utility facilities; provided that Grantee shall not be required to lower or move it. Grantors, their heirs, beneficiaries, executors, and administrators shall in no manner be Iiable for any damage to grantee for any injury or 4 damage done to such line as a result of such construction and maintenance; provided, however, that any such crossings above or below ground of the right -of -way shall be constructed at an angle of not less than thirty degrees (30 to the longitudinal axis of the right -of -way. If Grantors desire to construct over the easement, they shall notify Grantee, obtain building permits (if required by City ordinance), and give Grantee an opportunity for inspection thereof. This paragraph does not relieve the liability of a contractor for his negligence. As part of the consideration hereof, Grantee has agreed that if at any time Grantors, their heirs, successors, or assigns need water service on their property, then Grantors, their heirs, successors, and assigns have the right to four two inch (2 ") taps into Grantee's water line at a mutually agreed locations without any cost. At any time Grantor may request a tap exceeding two inch (2 "), provided that the cost of said taps exceeding the cost of a two inch (2 ") tap shall be at Grantor's cost and must first be approved by Grantee, such approval not to be unreasonably withheld, delayed or conditioned. Grantors have not inspected the condition of the above - described premises. GRANTEE, HOWEVER, IS ON NOTICE THAT THERE ARE PIPLINES AND POWER LINES LOCATED ON THE PREMISES DESCRIBED ABOVE. Therefore, this Easement is conditioned upon Grantee, through its duly authorized representative, agreeing to enter the property on an "AS IS" basis and at the sole risk of Grantee with respect to the condition of the premises. BY ITS ACCEPTANCE HEREOF, GRANTEE AGREES THAT IT IS RECEIVING THE PREMISES "AS IS" AND IN ITS PRESENT CONDITION WITH ALL DEFECT, IF ANY, AND THAT GRANTEE SHALL HAVE THE SOLE RESPONSIBILITY FOR DETERMINING THE LOCATION OF EXISTING PIPELINES AND ELECTRICAL UTILITY LINES AND FACILITIES. 5 AS A PART OF THE CONSIDERATION HEREOF, IT IS SPECIFICALLY AGREED BY AND BETWEEN GRANTORS AND GRANTEE THAT GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS GRANTORS, THEIR REPRESETATIVES, AGENTS, AND EMPLOYEES AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS (HERINAFTER REFERRED TO JOINTLY AND SEVERALLY AS INDEMNITEES), OF AND FROM, ANY AND ALL, CLAIMS FOR LOSS, DAMAGE, DEATH, OR INJURY OF ANY KIND AGAINST INDEMNITEES BY ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP, TRUST, CORPORATION, OR ENTITY, AND SPECIFICALLY INCLUDING BUT NOT LIMITED TO CLAIMS BY GRANTEE, GRANTORS' OR GRANTEE'S AGENTS, EMPLOYEES, INVITEES, LICENSEES, CONTRACTORS, OR SUBCONTRACTORS, OR THE AGENTS, EMPLOYEES, INVITEES, OR LICENSEES OF GRANTORS' OR GRANTEE'S CONTRACTORS OR SUBCONTRACTORS, OR ANY TRESPASSER OR THIRD PERSON, WHICH CLAIMS ARISE OUT OF OR ARE CAUSED BY OR ARE ATTRIBUTABLE TO THE EASEMENT HEREIN GRANTED AND GRANTEE'S OPERATIONS CONTEMPLATED HEREUNDER. GRANTEE'S INDEMNITY OBLIGATION SHALL INCLUDE BUT NOT BE LIMITED TO CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE BASED UPON, IN WHOLE OR IN PART, THE THEORY OF PREMISES LIABILITY, STRICT LIABILITY, NEGLIGENCE, AND TRESPASS AND SHALL INCLUDE THOSE CLAIMS BASED UPON ANY DEFECT OR CONDITION OF THE EASEMENT PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH DEFECT IS OPEN AND OBVIOUS OR LATENT AND HIDDEN; THOSE CLAIMS BASED UPON THE NEGLIGENCE OF GRANTEE OR GRANTEE'S AGENTS, EMPLOYEES, INVITEES, LICENSEES, CONTRACTORS, OR SUBCONTRACTORS, OR THE AGENTS, EMPLOYEES, INVITEES, OR LICENSEES OF GRANTEE'S CONTRACTORS OR SUBCONTRACTORS; AND THOSE CLAIMS BY GRANTEE OR 6 • GRANTEE'S AGENTS, EMPLOYEES, INVITEES, LICENSEES, CONTRACTORS, OR SUBCONTRACTORS, OR THE AGENTS, EMPLOYEES, INVITEES, OR LICENSEES OF GRANTEE'S CONTRACTORS OR SUBCONTRACTORS BASED UPON ANY DEFECT OR CONDITION OF THE PREMISES, APPURTENANCES, OR ROADWAYS, REGARDLESS OF WHETHER OR NOT SUCH DEFECT IS OPEN AND OBVIOUS OR LATENT AND HIDDEN OR BECAUSE OF THE EXISTENCE OF PIPELINES, POWER LINES, OR OTHER HAZARDOUS OR DANGEROUS CONDITIONS OR FACILITIES ON OR IN THE VICINITY OF THE RIGHT -OF- WAY AND TEMPORARY RIGHT -OF -WAY (WHETHER SUCH DEFECT OR CONDITION BE DUE TO THE NEGLIGENCE OF GRANTORS, THEIR HEIRS, BENEFICIARIES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS, OR WHETHER GRANTORS, THEIR HEIRS, BENEFICIARIES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS WERE NEGLIGENT IN FAILING TO WARN GRANTEE OF SUCH DEFECT OR CONDITION). THIS INDEMNITY FOR PROPERTY DAMAGE AND PERSONAL INJURY SHALL EXTEND TO ANY PROPERTY DAMAGE TO ANY AND ALL PIPELINES AND POWER LINES ON THE OPERTY, WHTHER WITHIN THE RIGHT -OF -WAY, TEMPORARY RIGHT -OF -WAY, OR NOT, CAUSED BY GRANTEE'S OPERATIONS HEREUNDER. IT IS THE INTENTION OF THE PARTIES HERETO THAT IN THE EVENT SUIT IS FILED BY ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP, TRUST, CORPORATION, OR ENTITY, SUCH AS GRANTORS' OR GRANTEE'S AGENTS, EMPLOYEES, INVITEES, LICENSESS, CONTRACTORS, OR SUBCONTRACTORS, OR THE AGENTS, EMPLOYEES, INVITEES, OR LICENSEES OF GRANTORS' OR GRANTEE'S . CONTRACTORS OR SUBCONTRACTORS, OR ANY TRESPASSER OR THIRD PERSON, AGAINST INDEMNITEES, WHICH ARISES OUT OF OR IS CAUSED BY OR ATTRIBUTABLE TO GRANTEE'S EXERCISE 7 OF THE RIGHTS GRANTED BY THIS EASEMENT AND BASED UPON SUCH THEORIES AS ARE LISTED ABOVE, THEN GRANTEE WILL DEFEND SAID SUIT OR SUITS AT ITS OWN EXPENSE AND WILL PAY ANY JUDGMENT OR JUDGMENTS RENEDERED AGAINST INDEMNITEES, AND IN THE EVENT GRANTEE FAILS TO DEFEND SAID SUIT ON BEHALF OF INDEMNITEES, THEN INDEMNITEES MAY EMPLOY THEIR OWN ATTORNEY AND FURNISH THEIR OWN DEFENSE AND GRANTEE AGREES TO PAY ALL REASONABLE ATTORNEY'S FEES THEREFOR AND ALL EXPENSES AND COSTS INCIDENT TO THE DEFENSE OF SAID SUIT AND TO PAY FOR ANY SETTLEMENT MADE AT THE DISCRETION OF INDEMNITEES AND TO PAY ANY MONEY JUDGMENT RENDERED AGAINST INDEMNITEES. This Agreement does not relieve the liability of other companies, i.e. pipeline companies or other tenants, for their negligence or their obligations under their indemnification agreements. Any notice which may or shall be given under the terms of this Easement shall be in writing and shall be either delivered by hand or sent by United States Registered or Certified Mail, postage prepaid, to Grantors or Grantee at the addresses listed above. Notice shall be deemed given when delivered. It is specifically agreed that in the event Grantee, its successors or assigns, shall fail to complete the installation of the water line within twelve (12) months of the execution of this Easement, all rights granted hereunder shall thereupon cease and revert to the Grantors herein, their heirs, executors, administrators, successors, and assigns. If at any time after said water line is installed, Grantee ceases to use the rights herein granted for the purposes hereinabove set forth for as long as twelve (12) consecutive months, all rights 8 • granted hereunder shall thereupon cease and revert to the Grantors herein, their heirs, executors, administrators, successors, and assigns, but Grantee shall have the right, at any time within three (3) months after such reversion, to remove the water line installed under the terms hereof with the Grantee fully restoring the surface of said land after such removal to where same shall be in as nearly as reasonably possible the same condition as before such removal. GRANTORS ACKNOWLEDGE THAT: (I) SABINE WILL ASSIGN THIS EASEMENT TO THE CITY OF PORT ARTHUR (THE "CITY "); ( THE CITY SHALL USE THE EASEMENT FOR THE PURPOSES SET FORTH HEREIN AND BE RESPONSIBLE FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE WATER LINE; AND (III) SABINE SHALL NOT BE RESPONSIBLE IN ANY MANNER, WHATSOEVER FOR THE CONSTRUCTION, OPERATION OR MAINTENANCE OF THE WATER LINE. GRANTORS HEREBY CONSENT TO THE ASSIGNMENT OF RIGHTS HEREIN GRANTED TO, AND THE ASSUMPTION OF OBLIGATIONS HEREIN BY, THE CITY CONTEMPORANEOUSLY WITH THE GRANT OF THIS EASEMENT, AND GRANTORS AGREE TO ACKNOWLEDGE SUCH CONSENT BY EXECUTING THE ASSIGNMENT INSTRUMENT. GRANTORS HEREBY RELEASE SABINE FROM ALL OBLIGATIONS AND COVENANTS OF GRANTEE HEREUNDER AND GRANTORS AGREE TO ATTORN TO AND LOOK ONLY TO THE CITY FOR SATISFACTION OF THE OBLIGATIONS AND COVENANTS OF GRANTEE HEREUNDER AS IF THE CITY WERE THE ORIGINAL GRANTEE UNDER THIS EASEMENT. As ADDITIONAL CONSIDERATION FOR SABINE'S PAYMENTS TO GRANTOR HEREUNDER AND AS EVIDENCE OF GRANTOR'S CONSENT TO THE ASSIGNMENT AND ASSUMPTION OF THIS EASEMENT BY THE CITY AND THE RELEASE OF SABINE FROM ALL OBLIGATIONS UNDER THIS EASEMENT, GRANTORS EXECUTED THE EASEMENT ASSIGNMENT INSTRUMENT OF EVEN DATE HEREWITH EVIDENCING THE ASSIGNMENT AND ASSUMPTION OF THE EASEMENT BY THE CITY. ANY OTHER ASSIGNMENT WITHOUT THE CONSENT OF GRANTORS, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS, OR ASSIGNS SHALL BE 9 • NULL AND VOID. IF GRANTEE OTHERWISE ASSIGNS THESE RIGHTS HEREIN GRANTED, GRANTEE SHALL REMAIN RESPONSIBLE FOR PERFORMANCE OF ALL THE OBLIGATIONS OF GRANTEE HEREUNDER. Grantee agrees that it will ONLY use said pipeline for the transportation of potable water for residential or commercial usage or consumption. Grantee agrees that it will NEVER use said pipeline for the transportation, storage, or disposal of saltwater, brine, hazardous materials or waste, plastics, PCBs, or any other substance other than potable water. Grantee agrees that it will immediately notify Grantors of any violation of this provision. In the event that Grantee violates this provision, this Easement will AUTOMATICALLY terminate. Grantee is responsible for obtaining any and all federal, state, or local permits needed to install the water line contemplated hereunder. Further, Grantee covenants and warrants that Grantee, at its expense, shall comply with all valid laws, rules, orders, ordinances, regulations, and requirements of federal, state, county, and municipal authorities having jurisdiction over Grantee and Grantee's use of the right -of -way, including without limitation, all applicable federal, state, and local environmental laws, regulations, or ordinances. GRANTEE SHALL TAKE ALL REASONABLE STEPS TO CLEAN UP, REMOVE, RESOLVE, OR MINIMIZE THE IMPACT OF, OR OTHERWISE DEAL WITH, ANY HAZARDOUS DISCHARGE OR ENVIRONMENTAL COMPLAINT WHICH IS ATTRIBUTABLE TO GRANTEE'S OPERATION UPON SAID EASEMENT PROPERTY OR ARE A RESULT OF ACTIONS OF GRANTEE'S OFFICERS, EMPLOYEES, AGENTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS IN FURTHERANCE OF GRANTEE'S OPERATIONS UPON SAID PROPERTY UPON RECEIPT OF NOTICE FROM ANY ENTITY INCLUDING, WITHOUT LIMITATION, THE ENVIRONMENTAL PROTECTION AGENCY (EPA) OR ANY STATE OR LOCAL ENVIRONMENTAL AGENCY, OR OTHER PERSON, ASSERTING THE EXISTENCE OF ANY 10 HAZARDOUS DISCHARGE OR ENVIRONMENTAL COMPLAINT ON OR PERTAINING TO THE EASEMENT PROPERTY WHICH, IF TRUE, COULD RESULT IN ENVIRONMENTAL LIABILITY AGAINST GRANTORS, GRANTEE, OR THEIR SUCCESSORS OR ASSIGNS. GRANTEE SHALL NOTIFY GRANTORS, IN WRITING, PROMPTLY UPON GRANTEE'S HAVING RECEIVED NOTICE OR OTHERWISE LEARNING OF ANY CLAIM, DEMAND, ACTION, EVENT, CONDITION, REPORT, OR INVESTIGATION INDICATING ANY POTENTIAL OR ACTUAL LIABILITY ARISING IN CONNECTION WITH (A) THE NONCOMPLIANCE WITH OR VIOLATION BY GRANTEE OF THE REQUIREMENTS OF AN ENVIRONMENTAL LAW IN CONNECTION WITH OR AFFECTING THE EASEMENT PROPERTY, OR (B) THE RELEASE OR THREATENED RELEASE BY GRANTEE OF ANY TOXIC OR HAZARDOUS WASTE, SUBSTANCE, OR CONSTITUENT OR OTHER SUBSTANCE ONTO OR AFFECTING THE EASEMENT PROPERTY OR WHICH RELEASE GRANTEE WOULD HAVE A DUTY TO REPORT TO A TRIBUNAL OR GOVERNMENTAL AGENCY UNDER AN ENVIRONMENTAL LAW. GRANTEE AGREES TO PAY GRANTORS FOR ALL DAMAGES TO OR LOSS OF PROPERTY OF GRANTORS OR THEIR TENANTS WHICH ARE CAUSED BY, RESULT FROM, ARISE FROM OR GROW OUT OF ANY VIOLATION BY GRANTEE OF FEDERAL, STATE, OR LOCAL LAWS, RULES, ORDERS, REGULATIONS (AS MAY BE AMENDED) APPLICABLE TO ANY WASTE MATERIAL, HAZARDOUS SUBSTANCES, HAZARDOUS EMISSIONS, OR OTHER REGULATED SUBSTANCES ON OR BELOW THE SURFACE OF THE BASEMENT PROPERTY OR THE PRESENCE, DISPOSAL, RELEASE, OR THREATENED RELEASE BY GRANTEE OF ALL WASTE MATERIALS, HAZARDOUS SUBSTANCES, HAZARDOUS EMISSIONS, OR OTHER REGULATED SUBSTANCES FROM SAID EASEMENT PROPERTY INTO THE ATMOSPHERE OR INTO OR UPON LAND, ADJACENT LAND, OR ANY WATER COURSE OR BODY OF WATER, INCLUDING GROUND WATER, WHICH ARE ATTRIBUTABLE TO GRANTEE'S OPERATIONS UPON SAID EASEMENT PROPERTY OR ARE A RESULT OF ACTIONS OF GRANTEE'S OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS IN FURTHERANCE OF GRANTEE'S OPERATIONS UPON SAID EASEMENT PROPERTY. 11 With respect to the terminology in this instrument, each number (singular or plural) shall include all numbers, and each gender (male, female, or neuter) shall include all genders. The terms, conditions, and provisions hereof shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. These presents are executed and delivered by Grantors and accepted by Grantee without any warranties, either express or implied, that might arise by common law or statute. EXECUTED THIS THE / (0 day of, L , 2014. HEBERT GRANTORS C/O SBI Management Company Post Office Box 3768 Beaumont, Texas 77704 (409) 835 -1017 DEELU LAND AND CATTLE COMPANY, FLP BY: HEBER T, LANGHAM,TOTTE NAGEMEN T CO. LLC. - (� 3 L a . 'tio: m Potter, Manager THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the / L day of 2014 by Lula Langhar Potter, Manager of HEBERT, LANGHAM, POTTER MANAGEMENT CO., LLC. for DEELU LAND AND CATTLE COMPANY, FLP. i pi�%m GWEN A YOUNG i .. � t a . (pA,444.6,_ 1 _ -- n Notary Public, State Of Texan t N M Commission Expires 1 Notary Publc, State exas 4' 11-01-2014 ; ..,....,....,,. . r..... t 12 • Mixson Surface Interest Inc. l3Y Goree Alexander Wimberly, III, President THE STATE OF TEXAS § COUNTY OF JEFFERSON § (� ti is instrument was acknowledged before me on the 1 1 day of J OAu 2014 by Goree Alexander Wimberly, III, President of Mixon Surface Interest., a Te Is corporation, on behalf of said corporation. S ?Ad Ot, (ki,vri I �`p� ►� e W A t „ e t � ComEN miss nYOUNG 1 Exxpiresas1 11- 01.2014r 13 Gertrude Mixson Dempsey Heirs • -- : `y: James Patrick Swain THE STATE OF TEXAS § COUNTY OF JEFFERSON § 4L This instrument was acknowledged before me on the 1 V / day of 2014 by James Patrick Swain of the Gertrude Mixson Dempsey Heirs. • � .,1. Po GWENA YOUNG 2 / - ��My Com is' State * xpiresa5I otary Public, State Texas . fuF� Y 11- 01.2014 1 • 1 14 • Thomas H. Chapman, Jr., Individually and as Trustee for Catherine A. Chapman Trust Thomas H. Chapman, III Trust Sue Ellen Ruggles Trust Joseph M. Chapman Trust 4,01/ 1 0,,,, 40 , Aft. By: Thomas H. Cha an, Jr., Indually and as Trustee of the Catherine A. Chapman Trust, the Thomas H. Chapman, II Trust, the Sue Ellen Ruggles Trust, the Joseph M. Chapman Trust THE STATE OF TEXAS § COUNTY OF FORT BEND § This instrument was acknowledged before me on the day of 2014 by Thomas H. Chapman, Jr., Individually and as Trustee of the Catherine A. 7.apman Trust, the Thomas H. Chapman, III Trust, the Sue Ellen Ruggles Trust, the Joseph M. Chapman Trust =,'' ' '', ^ a Notary Publ c, St A a eof Texas / IL , ' b;i M Commission er 24, 201 es 5 Notary Public, State of Texas ilk 15 C Double H Partners, LTD. By: C DOUBLE H MANAGEMNET, LLC U / i/ ,1 ,44, By: Mar hapm: n Greenslade, President of C DOUBLE H MANAGEMENT, LLC. THE STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on the /O day of l . 2014 by Mary Chapman Greenslade, President of C DOUBLE H MANAGEMENT, LLC. _ /&iz'G�=t -JL.%/ '4 I; / Notary ' ublic, State of Texas AAAAAAAAA r A%` CAROUNEOBETSKELLY Notary Public STATE OF TEXAS * �' My Comm. Exp. 0344017 • 16 HEBERT- GREEN, L.P. BY: JOSEPH JAMES HEBERT, INC., GENERAL PARTNER r 31 By: J. StephO reen, Secre r y Of Joseph James Hebert, Inc. • THE STATE OF TEXAS § COUNTY OF MONTGOMERY § This instrument was acknowledged before me on the 9 day of 14 By J. Stephen Green, Secretary of Joseph James Hebert, Inc. G ��� �'��� � " '' JUDY A. FOSTER ; � MY C OMM {SS44N EXPIRES �i,� September 49, 2016 Notary P lic, State of Texas 17 KH LAND COMPANY, LTD. jPe James H. Travis, President of the General Partner, KH Management Company, LLC. THE STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on the 4, day of /?/9 , 2014 By James H. Travis, President of KH Management Company, LLC, a Texas limited partnership. a am ' H� 7 VERONIKA K 4%telA � , My Commisommis sion n Expires Notary Public, Sta� f Texas December 7, 2016 14 " 18 • • • • BROUSSARD GRANTORS POST OFFICE BOX 3111 BEAUMONT, TEXAS 77704 (409) 832 -2521 LABELLE PROPERTIES, LTD. By and Through It's General Partner, LABELLE GENERAL, LLC L BY: _ � ._ CRAIG SH ' LOCK, PRESIDENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § 44A This instrument was acknowledged before me on the / day o 2014 by Craig Sherlock, President of LaBelle General, LLC as General Pa ner of LaBelle Properties, Ltd, a Texas limited partnership on behalf of said limited partnership. of P# GWEN A YOUNG / 611 .tA.J tarPublicState ofas ; F °FEE 11. 01.2014 1 Return to: CHENIERE 19 GRANTEE: SABINE PASS LIQUEFACTION, LLC Ey: Name: - fliMMDA) -t— 6, - Pilaff. Title: Vica —fgEsfpai "BIAS uOMOAT T'i4N Z1`W4Tf STATE OF TEXAS § COUNTY OF HARRIS § The foregoing instrument was acknowledged before me this / ' day of I 2014, by Ti rtnMt_F, „ �� P,�,s, : ' , E •�.� BINE PASS LIQU FACTION, LLC, a Delaware limited liability company, on beha f o said limited liability company. Signature Ttm.,t . l „t..t4 Name Notary Public, State of Texas My Commission expires: Y.ONi A gEN71 :m My pctoDer 5. 2017 l /-1T Return to: C PASS LIQUEFACTION, LLC 700 Milam, Sui Houston, Texas 77002 • 20 Exhibit "A" EtS _° ARCENEAUX & GATES ARCENERUX Consulting Engineers, Inc. GATES A Burrow Global Company Engineers • Surveyors • Planners Tract No. 1: Being a 2.190 acre tract for 20 foot wide water line easement BEING a 2.190 acre tract or parcel of land located in the Dennis Gahagan League, Abstract No. 123, Jefferson County, Texas, being out of and a part of that called 667.2 acre tract conveyed to Ben C. Hebert Heirs, et al, being out of Division "C" of record in Volume T Page 181 of the Deed Records of Jefferson County, Texas, said 2.190 acres being more particularly described by metes and bounds as follows: Note: All bearings and distances are hereby referenced to the Texas State Plane Coordinate System and tied to the Trimble VRS Network. COMMENCING at a 3 "x3" concrete monument found in the apparent North Line of the John McGaffey League, Abstract 167 and the South line of the said Dennis Gahagan League, Abstract No. 123, having Texas State Plane Coordinate values of N= 13,851,329.76 and E= 3,584,996.23 and being located approximately at Engineers Station 511 +80.3 at 44.1 feet right from centerline, from which a 8 "x6" concrete Texas Department of Transportation F.P. Monument stamped 536 +41.9 bears S 63 °17'58" E 2,460.96 feet; THENCE N 67 °42'22" W over and across Division "C ", Division "D ", and the said Hebert tract for a distance of 991.23 feet to a point for the Northeast corner and POINT OF BEGINNING of the herein described tract, said point having Texas State Plane Coordinate values of N= 13,851,705.79 and E 3,584,079.10 at approximately Engineers Station 501 +87.1 at 60.0 feet right, being in the southerly right of way of Highway No. 87 as represented by it's current centerline, said point being in the common line of Division "C" and Division "D" and the north line of that called 13.95 acre tract depicted as Lot 5 per Vol. 4 Page 131 minutes of the District Court of Jefferson County, Texas, 58''` Judicial District ; THENCE S 69 °02'24" W along the said common line of Divisions "C" and "D" for a distance of 28.79 feet to a point for the Southeast corner of the herein described tract; THENCE N 66°57'53" W along the South line of the herein described tract being 20 feet south of and parallel to the right of way of Highway No. 87 for a distance of 4,048.52 feet to an angle point; THENCE N 65°21'51" W along the South line of the herein described tract being 20 feet south of and parallel to the right of way of Highway No. 87 for a distance of 698.17 feet to an angle point; THENCE N 65 °32'22" W along the South line of the herein described tract being 20 feet south of and parallel to the right of way of Highway No. 87 for a distance of 13.41 feet to Point for the Southwest corner of the herein described tract; 2901 Turtle Creek Dr., Suite 320 Port Arthur, TX 77642 Phone: 409/724 -7888 Fax: 409/724 -1447 • r 1 ARCENEAIIX 8c GATES CONSULTING ENOLNEEHS, LNC, THENCE N 24 °27'38" E along the West Iine of the herein described tract for a distance of 20.00 feet to a Point for the Northwest comer of the herein described tract, being located approximately at Engineers Station 454 +08.3 with Texas State Plane Coordinate values of N= 13,853,594.45 and E— 3,579,687.96, being in the South right of way line of Highway No. 87; THENCE S 65 °32'22" E along the South right of way line of Highway No. 87 for a distance of 13.44 feet to an angle point; THENCE S 65 °21'51" E along the South right of way line of Highway No. 87 for a distance of 697.92 feet to an angle point; THENCE S 66°57'53" E along the South right of way line of Highway No. 87 for a distance of 4,068.95 feet to the POINT AND PLACE OF BEGINNING and containing 2.190 acres of land, more or less. • • Exhibit "B" t �fi. 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A -12 ' R • ... .... , n0.,.w 6'a+ar > * 3§ q 1 I.r.. 110 1111 zu am 0201311 m.0 11.011 eio0 GEORGE L SCNLEMEYER 8213 A SNOAL CREEK BLVD - SUITE 202 AUSTIN TX 78757 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 64:244. •dif4s414, Carolyn L. Guidry, County Clerk Jefferson Texas May 07, 2014 02:02:46 PM FEE: $119.75 2014014206 EXHIBIT "B" s.pr18319 ASSIGNMENT OF EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § SABINE PASS LIQUEFACTION, LLC, a Delaware limited liability company, whose mailing address is 700 Milam, Suite 800, Houston, Texas 77002 ( "Assignor "), for valuable consideration, receipt of which is hereby acknowledged, hereby TRANSFERS, CONVEYS, SELLS AND ASSIGNS to the CITY OF PORT ARTHUR, whose mailing address is Post Office Box 1089, Port Arthur, Texas 77641 -1089 ( "Assignee "), its successors and assigns, all of Assignor's right, title and interest in and to, and liabilities, obligations and duties under, that certain Water Transmission Line Easement dated as of the date hereof and recorded in the Real Property Records of Jefferson County, Texas, under Instrument No. (the "Easement ") whereby, MIXSON SURFACE INTEREST, INC.; C DOUBLE H PARTNERS, LTD; THOMAS H. CHAPMAN, JR. Individually; AND as Trustee of the CATHERINE ANN CHAPMAN, TRUST, THOMAS H. CHAPMAN, III, TRUST, SUE ELLEN CHAPMAN RUGGLES, TRUST AND JOSEPH M. CHAPMAN, TRUST; the GERTRUDE MIXSON DEMPSEY HEIRS, INC.; DEELU LAND AND CATTLE COMPANY, FLP; HEBERT- GREEN, LP; KH LAND COMPANY LTD. AND LABELLE PROPERTIES, LTD. ( "Heberts and Broussards "), granted to Assignor a water line easement across lands located in Jefferson County, Texas, and more particularly described in the Easement (the "Easement Property "). This Assignment of Easement is hereinafter referred to as this "Assignment ". ASSIGNEE ACCEPTS THE EASEMENT PROPERTY IN ITS "AS IS, WHERE IS" CONDITION AND WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. ASSIGNOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF SUITABILITY, MERCHANTABILITY, DESIGN OR FITNESS FOR ANY SPECIFIC OR PARTICULAR PURPOSE) WITH RESPECT TO THE EASEMENT PROPERTY OR THE FACILITIES AND IMPROVEMENTS, IF ANY, THEREON OR THEIR COMPLIANCE WITH ANY APPLICABLE LAW, REGULATION OR ORDINANCE. This assignment is further subject to the following: 1. Assignee shall use the Easement Property as a Public Utility Easement for the use and benefit of the public in accordance with the rights, liabilities, obligations and duties set out in the Easement, and consistent with the terms of such Easement. 2. As a part of the consideration for this assignment, Assignee expressly assumes all liabilities, obligations and duties of Assignor pertaining to the Easement Property as if Assignee had been the original "Grantee" under the Easement, and expressly assumes and agrees to keep, perform and fulfill all covenants, terms and conditions of the Easement, and, by assuming such liabilities, obligations and duties, 1 • Assignee expressly releases and discharges Assignor from all liabilities, obligations and duties pertaining to the Easement or Easement Property. 3. By executing where indicated below, Doornbos hereby (a) consents to the terms hereof, (b) releases Assignor from all obligations and covenants of "Grantee" under the Easement and (c) agrees to attorn to and look only to Assignee for satisfaction of the obligations and covenants of "Grantee" under the Easement as if Assignee were the original "Grantee" under the Easement. 4. This Assignment binds and inures to the benefit of Assignor and Assignee and their respective permitted successors and assigns. The covenants and agreements herein shall be covenants that run with the land. 5. This Assignment shall be governed by and construed and enforced in accordance with the internal laws of the State where the Easement Property is located without giving effect to the conflict -of -laws principles thereof. 6. If any term or other provision of this Assignment is invalid, illegal or incapable of being enforced under any rule of law, all other conditions and provisions of this Assignment shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Assignment is not affected in a materially adverse manner with respect to any party hereto. 7. This Assignment may be executed and delivered in one or more counterparts, each of which when executed and delivered shall be an original, and all of which when executed shall constitute one and the same instrument. DATED effective as of the) day of , 2014. ASSIGNOR: SABINE PASS LIQUEFACTION, LLC By: Name: Title: 2 STATE OF TEXAS § COUNTY OF HARRIS § The foregoing instrument was acknowledged before me this day of , 2014, by of SABINE PASS LIQUEFACTION, LLC, a Delaware limited liability company, on behalf of said limited liability company. Signature Name Notary Public, State of Texas My Commission expires: ASSIGNEE: CITY OF PORT ARTHUR By: Name: Title: 3 STATE OF TEXAS § COUNTY OF JEFFERSON § The foregoing instrument was acknowledged before me this day of , 2014, by of the CITY OF PORT ARTHUR, a Municipal Corporation, on behalf of said city. Signature Name Notary Public, State of Texas My Commission expires: 4 HEBERTS AND BROUSSARDS, for the purposes of agreeing to the terms of Section 3 hereof: HEBERT GRANTORS C/O SBI Management Company Post Office Box 3768 Beaumont, Texas 77704 (409) 835-1017 DEELU LAND AND CATTLE COMPANY, FLP BY: HEBERT, LANGHAM; POTT R MANAGEMENT CO. LLC. By Tul -1,) Potter, Manager THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the ) 7 day of , 2014 by Lula Langham Potter, Manager of HEBERT, LANGHAM, POT 'I 'R MANAGEMENT CO., LLC. For DEELU LAND AND CATTLE COMPANY, FLP. 1A bt)( Notary Public, St of Texar oi ,Z% GWEN A YOUNG ,�,e Notary State Expas? Expires # 4 � F 0 i 11- 01.2014 1 5 Mixson Surface Interest Inc. BY !�...: ._ , Goree Alexander Wimberly, III, President THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the ) I f day • 1 AFL._ 2014 by Goree Alexander Wimberly, III, President of Mixon Surface Int:; est., a Texas corporation, on behalf of said corporation. O we j ti , ea t NofGWEb AS O QNG ast a My commission Expires 11.01.2014 1 6 • Gertrude Mixson Dempsey Heirs i James Patrick Swain THE STATE OF TEXAS § COUNTY OF JEFFERSON § e This instrument was acknowledged before me on the 1 day of ,.,i, 2014 by James Patrick Swain of the Gertrude Mixson Dempsey Heirs. .,,aY.. GWEN A YO ? , 9 hi . No d ry Publ State Of Texas 1 Notary Public, State of exas 1 ,4 0∎ y C ommission Expires 1 1 ,.�,r,r..ry..ii.0,.2014 1 .y- .y - -- 7 Thomas H. Chapman, Jr., Individually and as Trustee for Catherine A. Chapman Trust Thomas H. Chapman, III Trust Sue Ellen Ruggles Trust Joseph M. Chapman Trust A By: homas H. Chaff an, Jr., Indiv' ually and as Trustee of the Catherine A. Chapman Trust, the Thomas H. Chapman, III Trust, the Sue Ellen Ruggles Trust, the Joseph M. Chapman Trust. THE STATE OF TEXAS § COUNTY OF FORT BEND § This instrument was acknowledged before me on the / day of • � 2014 by Thomas H. Chapman, Jr., Individually and as Trustee of the Catherine K. Chapman Trust, the Thomas H. Chapman, III Trust, the Sue Ellen Ruggles Trust, the Joseph M. Chapman Trust • LO.' MARTHA Z. HERNANDEZ ! . P s'� �° ' "'`,' ^' Notary Public, State of Texas I ` r r ,,' ..,F My Commission Expires 'it. At./ _. = � , � ; pi'. Qoti bet 2 A, 2015 8 Notary Public, State of Texas 11Mb 8 C Double 11 Partners, LTD. By: C DOUBLE H MANAGEMENT, LLC By: Mary C G eenslade, President of C DOUBLE H MANAGMENT, LLC. THE STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on the / day of r , 2014 by Mary Chapman Greenslade, President of C DOUBLE H MANAGMENT, L C. Gt(daiV—fid..A.. ' Notar ublic, State of Texas ! t CAROUNE OAS KEU.Y � Notary Public 1 STATE OF TEXAS My Comm. Exp. 091490/7 9 HEBERT- GREEN, L.P. BY: JOSEPH JAMES HEBERT, INC., GENERAL PARTNER By: J. Stephen Green, Secretary Of Joseph James Hebert, Inc. THE STATE OF TEXAS § COUNTY OF MONTGOMERY § This instrument was acknowledged before me on the day o jam' •-42J 2014 By J. Stephen Green, Secretary of Joseph James Hebert, Inc. . JUDY A. FOSTER _ i MY COMMISSION CXPIRES " A r f;�`�: September 19, 2016 '�' �� ° : j otary Publ c, State of Texas 10 BROUSSARD GRANTORS POST OFFICE BOX 3111 BEAUMONT, TEXAS 77704 (409) 832-2521 LABELLE PROPERTIES, LTD. By and Through It's General Partner, LABELLE GENERAL, LLC BY: Zi726-d&--__ CRAIG SHEkLOCK, PRESIDENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Thus instrument was acknowledged before me on the l day of 2014 by Craig Sherlock, President of LaBelle General, LLC as general Partn r of LaBelle Properties, Ltd., a Texas limited partnership on behalf of said limited partnership. oi�Lm GWENAYOUNG I � Notary on E�piT �J Of 9 �E 1E� t _ 11. 01.2014 1 Notary Public, State of T s After Recording, Please Return To: City of Port Arthur P O Box 1089 Port Arthur, Texas 77641 -1089 12