HomeMy WebLinkAboutPR 18225: WATER TRANSMISSION LINE EASEMENTS FROM SABINE PASS LIQUEFACTION, LLC P.R. NO. 18225
05/15/14 gt
RESOLUTION NO.
A RESOLUTION ACCEPTING ASSIGMENTS OF WATER
TRANSMISSION LINE EASEMENTS FROM SABINE PASS
LIQUEFACTION, LLC.
WHEREAS, Sabine Pass Liquefaction, LLC. ("SPL") , has obtained
an easement under and across a 0 . 3442 acre tract of land along Hwy
87, for the purpose of underground water transmission (attached
hereto as Exhibit "A") ; and
WHEREAS, Sabine Pass Liquefaction, LLC. ("SPL") , has obtained
an easement under and across a 0 . 3332 acre tract of land along Hwy
87, for the purpose of underground water transmission (attached
hereto as Exhibit "B") ; and
WHEREAS, SPL has offered to donate these easements to the
City of Port Arthur for the purpose of enhancing the City of
Port Arthur' s water delivery system via Assignment of Easement
documents; and
WHEREAS, it is deemed in the best interest of the City of
Port Arthur to accept the assignment of said easements as
delineated in Exhibits "C" and "D", to facilitate the
installation of a water transmission line for the transportation
of potable water.
s.pr18225
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 Easements
attached as described in Exhibits "C" and "D" along Hwy 87 is in
the public 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
documents attached hereto as Exhibits "C" and "D".
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:
s.pr18225
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney/
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E. ,
Interim City Manager
s.pr18225
EXHIBIT "A"
s.pr18225
FILED AND RECORDED
c��"rte,OFFICIAL PUBLIC RECORDS
2014 May 20 03:26 PMFee:$94.00
2014015779
CAROLYN L.GUIDRY,COUNTY CLERK
THE STATE OF TEXAS § JEFFERSON COUNTY TEXAS
§ WATER TRANSMISSION LINE EAS' `li`caily Recorded*
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS: That, DOORNBOS BROTHERS, LP, a
TEXAS limited partnership, hereinafter called Grantors, whose mailing address is Post
Office Box 696, Nederland, Texas, 77627, 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 Milani, 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 0.3442 acre tract of land or parcel of land located in the Dennis Gahagan League,
Abstract No. 123 in Jefferson County,Texas being out of and a part of that 13.95 acre
tract conveyed to Doornbos Brothers,LP,of record in Clerks File No.2007029565 of
the Official Public Records of Jefferson County, Texas , being out of Division "D" of
record in Volume T, Page 181 of the Deed Records of Jefferson County,Texas, said
13.95 acres being depicted as Lot 5 per map of record in Volume 4,Page 131 of the
minutes of the District Court of Jefferson County,58th Judicial District.
The right-of-way shall be thirty feet(30') in width, contains approximately 0.3442
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 location 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,
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{
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 laying
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.
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;
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2. Fully restore to at least as 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,
p lowed land,irrigation installations,ons,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
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 ;I
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,:
2014015779 Page 4 of 18
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 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 length-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 liable for any damage to Grantee for any injury or
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
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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 one two inch (2") tap into Grantee's water
line at a mutually agreed location without any cost. At any time Grantor may request a tap
exceeding two inch (2"),provided that the cost of said tap 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 PIPELINES 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.
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 REPRESENTATIVES,AGENTS,AND EMPLOYEES AND
THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS
(HERINAFTER REFERRED TO JOINTLY AND SEVERALLY AS INDEMNITEES), OF AND
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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
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
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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 PROPERTY,
WHETHER 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 A SUIT IS
FILED BY ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP, TRUST, CORPORATION, OR
ENTITY, SUCH AS 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, AGAINST INDEMNITEES,
WHICH ARISES OUT OF OR IS CAUSED BY OR ATTRIBUTABLE TO GRANTEE'S EXERCISE
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 RENDERED AGAINST
INDEMNITEES, AND IN THE EVENT GRANTEE FAILS TO DEFEND SAID SUIT ON BEHALF
OF INDEMNITEES, THEN INDEMNITEES MAY EMPLOY THEIR OWN ATTORNEY AND
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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
INDEMN ITEES.
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
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
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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 IN WHOLE TO THE CITY
I.
OF PORT ARTHUR(THE"CITY"); (H)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(Ill)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 IN
WHOLE OF RIGHTS HEREIN GRANTED TO,AND THE ASSUMPTION OF ALL 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
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 PRIOR WRITTEN CONSENT OF
GRANTORS, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS, OR
ASSIGNS SHALL BE NULL AND VOID, IF GRANTEE OTHERWISE ASSIGNS THESE RIGHTS HEREIN GRANTED,
GRANTEE SHALL REMAIN RESPONSIBLE FOR PERFORMANCE OF ALL THE OBLIGATIONS OF GRANTEE
HEREUNDER.
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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 IS A RESULT OF
ACTIONS OF GRANTEE'S OFFICERS,EMPLOYEES,AGENTS,EMPLOYEES,CONTRACTORS,OR SUBCONTRACTORS
IN FURTHERANCE OF GRANTEES 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
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
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2014015779 Page 11 of 18
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 EASEMENT 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.
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2014015779 Page 12 of 18
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 day of 2014.
GRANTORS: DOORNBOS BROTHERS,LP,a Texas limited partnership
By:C.Doornbos,Inc.,general partner
BILLY W.D RNBOS,President
GRANTEE: SABINE PASS LIQUEFACTION,LLC
By:
Name:
Title:
12
i.,
2014015779 Page 13 of 18
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—a day of /1441 ,2014.
GRANTORS: DOORNBOS BROTHERS,LP,a Texas limited partnership
By: C.Doornbos,Inc.,general partner
BILLY W.DOORNBOS,President
GRANTEE: SABINE PASS LIQUEFACTION,LLC
� I
By: 4
Name:"$,PtAlp/ U.l.. � • PA- 111 —1>44
Title: Vice— REST Y ,Basrklf5.5 'Deietc 7 64.9
12
2014015779 Page 14 of 18
THE STATE OF TEXAS §
COUNTY OF JEFFERSON § _
NA This instrument was acknowledge before me on £LL k---1.341, 1 ,2014
by Billy W. Doornbos, President of C. DOORNBOS, INC., AS GENERAL PARTNER ON
BEHALF DOORNBOS BROTHERS,LP.,a Texas limited partnership
n
)1--- £. w +d..yce.rs. ..�.M- � p rC !'I f `5 ,1 r �'" l r'"1 tilt}.-..,...
,:„,:;.:- ,, C AV,ANDRA 1'074. eS i ,t j s i i i / + f fi
xi �f::iGty'Vy!i;C.S;r]} ^.f I9r,Cg f i 1.''z ' 1 ;j! t 5 ✓ �'k`UV/ f.;
r. % Ccmr:isssur;:mires i Notary Public,State of Texas ! '
'V, ;'u+"' �e Yt?riDO f i 2: 20 7 j J
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:
Return to:
CHENIERE PASS LIQUEFACTION,LLC
700 Milam,Suite B00
Houston,Texas 77002
13 /
2014015779 Page 15 of 18
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledge before me on , 2014
by Billy W. Doornbos, President of C. DOORNBOS, INC., AS GENERAL PARTNER ON
BEHALF DOORNBOS BROTHERS,LP.,a Texas limited partnership
Notary Public,State of Texas
STATE OF TEXAS §
COUNTY OF HARRIS § '
T e foregoing instrument was_acknowledged before me this t day of MG. , 2014, by ?.
rndr,{{ �.= . ?ti.r t; V ) � AS, 'e v~r�firtspadaff $INE PASS LIQUEFACTION,
LLC,a Delaware limited liability company,on behalf of said limited liability company.
C:e1175:-. *ATZYkriA-4.-.,*
Signature
tU1r1.t A..dyevnvt4.: '
Name
Notary Public,State of Texas
My Commission expires:
raNi a BENNETT
My Commission Expires
October 5,2017
Return to:
CHENIERE PASS LIQUEFACTION,LLC
700 Milam,Suite 800
Houston,Texas 77002
13
2014015779 Page 16 of 18
EXHIBIT "A"
r ARCENEAUX & GATES
ARCENEAUX Consulting Engineers,Inc.
GATES A Burrow Global Company
Engineers • Surveyors • Planners
Tract No.2:Being a 0.3442 acre tract for 30 foot wide water line easement
BEING a 0.3442 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 13.95 acre tract conveyed to Doornbos
Brothers,LP,of record in Clerks File No.2007029565 of the Official Public Records of Jefferson
County,Texas,being out of Division"D"of record in Volume 1'Page I81 of the Deed Records of
Jefferson County,Texas,said 13.95 acres being depicted as Lot 5 per map of record in Volume 4 Page
131ofthe minutes of the District Court of Jefferson County,58`h Judicial District,said 0.3442 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=1.3,851,329.76 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°16'57"W over and across Division"D"for a distance of 509.24 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=13,851,526.42 and E=3,584,526.50 at approximately Engineers
Station 506+69.0 at 50.0 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 East line of Lot 5 and the West line of Lot 6;
THENCE S 17°15'42"E along the common lot line of Lots 5 and 6 for a distance of 39.33 feet to a point
for the Southeast corner;
THENCE N 66°57'53"W along the South line of the herein described tract for a distance of 528.06 feet
to a point for the Southwest corner of the herein described tract,in the common line of Division"C"and
Division"D";
THENCE N 69°02'24"E along the common line of Division"C"and Division"D"and the North line of
said Lot 5 for a distance of 43.19 feet to a Point for the Northwest corner of the herein described tract,
•
having Texas State Plane Coordinates of N= 13,851,710.94 and E-3.584,092.54 located approximately at
Engineers Station 506+69.0 at 50.0 feet right,being in the South right of way line of Highway No.87;
THENCE S 66°57'53"E along the South right of way line of Highway No.87 for a distance of 471.55
feet to the POINT AND PLACE OF BEGINNING,containing 0.3442 acres of land,more or less.
2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Phone: 409/724-7888 Fax: 409/724-1447
. 2014015779 Page 17 of 18 .
EXHIBIT"B"
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EXHIBIT "B"
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•
FILED AND RECORDED
smrV OFFICIAL PUBLIC RECORDS
6.(t'.c7")
2014 May 20 03:26 PMFee:$98.00
2014015780
CAROLYN L.GUIDRY, COUNTY CLERK
THE STATE OF TEXAS § JEFFERSON COUNTY TEXAS
§ WATER TRANSMISSION LINE EASIII4tRi4callY Recorded*
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS: That, C. DOORNBOS A & B, LP, a TEXAS
limited partnership,hereinafter called Grantors,whose mailing address is Post Office Box
696, Nederland, Texas, 77627, 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 0.3332 acre tract of land or parcel of land located in the Dennis Gahagan League,
Abstract No.123 in Jefferson County,Texas being out of and a part of that 16.06 acre
tract conveyed to C. Doornbos A&B,LP,of record in Clerks File No.2006001324 of
the Official Public Records of Jefferson County,Texas , being out of Division "D" of
record in Volume T, Page 181 of the Deed Records of Jefferson County, Texas, said
16.06 acres being depicted as Lot 6 per map of record in Volume 4,Page 131 of the
minutes of the District Court of Jefferson County,58th Judicial District.
The right-of-way shall be thirty feet (30') in width, contains approximately 0.3332
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 location 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.
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2014015780 Page 2 of 19
•
•
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 laying
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.
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; E.
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2014015780 Page 3 of 19
2. Fully restore to at least as 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
is
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
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
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2014015780 Page 4 of 19
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 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 length-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 liable for any damage to Grantee for any injury or
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
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2014015780 Page 5 of 19
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 one two inch (2") tap into Grantee's water
line at a mutually agreed location without any cost.At any time Grantor may request a tap
exceeding two inch (2"), provided that the cost of said tap 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 PIPELINES 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.
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 REPRESENTATIVES,AGENTS,AND EMPLOYEES AND
THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS
(HERINAFTER REFERRED TO JOINTLY AND SEVERALLY AS INDEMNITEES), OF AND
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2014015780 Page 6 of 19
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
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
6
20140/5780 Page 7 of 19 •
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 PROPERTY,
WHETHER 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 A SUIT IS
FILED BY ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP, TRUST, CORPORATION, OR
ENTITY, SUCH AS 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, AGAINST INDEMNITEES,
WHICH ARISES OUT OF OR IS CAUSED BY OR ATTRIBUTABLE TO GRANTEE'S EXERCISE
OF THE RIGHTS GRANTED BY THIS EASEMENT AND BASED UPON SUCH THEORIES AS
i•
ARE LISTED ABOVE, THEN GRANTEE WILL DEFEND SAID SUIT OR SUITS AT ITS OWN
EXPENSE AND WILL PAY ANY JUDGMENT OR JUDGMENTS RENDERED AGAINST
INDEMNITEES, AND IN THE EVENT GRANTEE FAILS TO DEFEND SAID SUIT ON BEHALF
OF INDEMNITEES, THEN INDEMNITEES MAY EMPLOY THEIR OWN ATTORNEY AND
7
1
2014015780 Page 8 of 19
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
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
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2014015780 Page 9 of 19
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 IN WHOLE TO THE CITY
OF PORT ARTHUR (THE"CITY"); (II)THE CITY SHALL USE THE EASEMENT FOR TIIE 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 IN
WHOLE OF RIGHTS HEREIN GRANTED TO,AND THE ASSUMPTION OF ALL 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 PRIOR WRITTEN CONSENT OF
GRANTORS, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS, OR
ASSIGNS SHALL BE NULL AND VOID. IF GRANTEE OTHERWISE ASSIGNS THESE RIGHTS HEREIN GRANTED,
GRANTEE SHALL REMAIN RESPONSIBLE FOR PERFORMANCE OF ALL THE OBLIGATIONS OF GRANTEE
HEREUNDER.
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2014015780 Page 10 of 19
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 IS 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
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
10
2014015780 Page 11 of 19
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 EASEMENT 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 •
•
2014015780 Page 12 of 19
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.
["' C
EXECUTED THIS THE �J 'day of Moty ,2014.
GRANTORS: C.DOORNBOS A&B,LP,a Texas limited partnership
By C.Doornbos,Inc.,General Partner
is
BILLY W.DOORNBOS,President
GRANTEE: SABINE PASS LIQUEFACTION,LLC
B y: .
Name: —1,44 E. F`",�2
) 'N t� 1 bAlAe)4T -a. g
Title: \ Tu;a s
12
2014015780 Page 13 of 19
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. -
i
EXECUTED THIS THE .J day of /;l-y' 2414.
GRANTORS: C.DOORNBOS A&B,LP,a Texas limited partnership
By:C.Doornbos,Inc., General Partner
BILLY s I RNBOS,President
GRANTEE: SABINE PASS LIQUEFACTION,LLC
By:
Name:
Title:
12
2014015780 Page 14 of 19
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledge before me on )' , 2014
by Billy W. Doornbos, President of C. DOORNBOS, INC., AS GEWERAL PARTNER ON
BEHALF C.DOORNBOS A&B,LP.,a Texas limited partnership
E 't'_� _. _tASSAAf2A.3Ot�ES i 1
,00*n v :race ac txsaa
4dY Commit sior Ex e.c P i t �` 7//
• uP.QtQFf1`JS1 12. 2vl r" jtf
° j Notary Public,State of Texas..)
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.
• 1•
Signature
Name
Notary Public,State of Texas
My Commission expires:
Return to:
CHENIERE LIQUEFACTION,LLC
700 MILAM,SUITE 800
HOUSTON,TEXAS 77002 •
1
•
13
2014015780 Page 15 of 19 •
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledge before me on ,2014
by Billy W. Doornbos, President of C. DOORNBOS, INC., AS GENERAL PARTNER ON
BEHALF C.DOORNBOS A&B,LP.,a Texas limited partnership
Notary Public,State of Texas
STATE OF TEXAS §
§ 9
COUNTY OF HARRIS §
The foregoing instrument was acknowledged before me this l day of 2014,by
l�ct�►�,y Ci t . a r r , 'tom''-%. -11).• T' BINE PASS LIQUEFACTION, I_
LLC,a Delaware limited liability company,on behalf of said limited liability company.
Signature
h
UVi t A .-16e vt
Name
Notary Public,State of Texas
My Commission expires:
J TONI A BENNETT
My Commission Expires
Return to: ^�� October 5,201?
CHENIERE LIQUEFACTION,LLC
700 MILAM,SUITE 800
HOUSTON,TEXAS 77002
13
•
2014015780 Page 16 of 19
Exhibit "A"
_. ARCENEAUX& GATES J J
HRCENEBt)X Consulting En ineers,Inc.
&
GATES A Burrow Global Company
Engineers • Surveyors • Planners
Tract No.3:Being a 0.3332 acre tract for 30 foot wide water line easement
.
BEING a 0.3332 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 16.06 acre tract conveyed to C.Doornbos
A&B,LP,of record in Clerks File No.2006001324 of the Official Public Records of Jefferson County,
Texas,being out of Division"D"of record in Volume T Page 181 of the Deed Records of Jefferson
County,Texas,said 16.06 acres being depicted as Lot 6 per map of record in Volume 4 Page 13 tof the
minutes of the District Court of Jefferson County,5861 Judicial District,said 0.3332 acres being more
particularly described by metes and bounds as follows:
Note:All bearings and distances arc 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 S 55°02'24"W along the apparent North Line of the John McGaffey League,Abstract 167 and
the South line of the said Dennis Gahagan League,Abstract No. 123 for a distance of 6.77 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=13,851,325.92 and E=3,584,990.66 at approximately
Engineers Station 511+76.9 at 50.0 feet right,being in the southerly right of way of Highway No.87 as
represented by it's current centerline;
THENCE S 55°02'24"E along the apparent North Line of the John McGaffey League,Abstract 167 and
the South line of the said Dennis Gahagan League,Abstract No. 123 for a distance of 34.49 feet to a
point for the Southeast corner;
THENCE along a curve to the left,having a Radius of 3,273.43',Tangent of 37.68',a Chord of 75.36',a
Chord Bearing of N 65'20'12"W,a distance along the curve of 75.36',to an angle point;
THENCE N 66°57'53"W along the South line of the herein described tract for a distance of 386.56 feet
to a point for the Southwest corner of the herein described tract,in the West line of Lot 6 and the East line
of Lot 5;
2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77042 Phone: 409/724-7888 Fax: 409/724-1447
2014015780 Page 17 of 19
ARCENEAUX
GATES
CONWLTmc
ENGINEERS,INC.
THENCE N 1715'42"W along the West line of Lot 6 and the East line of Lot 5 for a distance of 39.33
feet to a point for the Northwest corner of the herein described tract,having Texas State Plane
Coordinates of N= 13,85 L526.42 and E=3,584,526.50,at approximately Engineers Station 506+69.0 at
50.0 feet right,being in the South right of way line of Highway No.87;
THENCE S 66°57'53"E along the South right of way line of Highway No.87 for a distance of 412.25 to
an angle point;
THENCE along a curve to the right,having a Radius of 3,303.43',a Tangent of 46.71',a Chord of
93.41',a Chord Bearing of N 65°11'26"W,a distance along the Arc of 93.41',to the POINT AND
PLACE OF BEGINNING,containing 0.3332 acres of land,more or less.
ii
2014015780 Page 18 of 19 -
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EXHIBIT "C"
s.pr18225
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, TEXAS, a Municipal Corporation
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 C. DOORNBOS A & B, L.P., a Texas limited
partnership ("Doornbos"), 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,
Assignee expressly releases and discharges Assignor from all liabilities, obligations and
duties pertaining to the Easement or Easement Property.
#4487144.1
3. By executing where indicated below, Doornbos hereby (a) releases
Assignor from all obligations and covenants of "Grantee" under the Easement and (b)
agrees to attorn to and look only to Assignee for satisfaction of all 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.
[Signature Page Follows]
-2-
#4487144.1
DATED effective as of the day of , 2014.
ASSIGNOR:
SABINE PASS LIQUEFACTION, LLC
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
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:
#4487144.1
ASSIGNEE:
CITY OF PORT ARTHUR
By:
Name:
Title:
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 , on
behalf of said
Signature
Name
Notary Public, State of Texas
My Commission expires:
#4487144.1
DOORNBOS, for the purposes of agreeing
to the terms of only Section 3 hereof:
C. DOORNBOS A & B, L.P., a Texas
limited partnership
By C. DOORNBOS, INC., its General
Partner
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this day of , 2014, by
of C. DOORNBOS, Inc, the General Partner of C.
Doornbos A&B, L.P., a Texas limited partnership, on behalf of said limited partnership.
Signature
Name
Notary Public, State of Texas
My Commission expires:
After Recording, Please Return To:
#4487144.1
EXHIBIT "D"
s.pr18225
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, Texas, a Municipal Corporation
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 DOORNBOS BROTHERS, L.P., a Texas limited
partnership ("Doornbos"), 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,
Assignee expressly releases and discharges Assignor from all liabilities, obligations and
duties pertaining to the Easement or Easement Property.
#4487144.1
3. By executing where indicated below, Doornbos hereby (a) releases
Assignor from all obligations and covenants of "Grantee" under the Easement and (b)
agrees to attorn to and look only to Assignee for satisfaction of all 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.
[Signature Page Follows]
-2-
#4487144.1
DATED effective as of the day of , 2014.
ASSIGNOR:
SABINE PASS LIQUEFACTION, LLC
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
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:
#4487144.1
ASSIGNEE:
CITY OF PORT ARTHUR
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me this day of • , 2014, by
of the CITY OF PORT ARTHUR, a , on
behalf of said
Signature
Name
Notary Public, State of Texas
My Commission expires:
#4487144.1
DOORNBOS, for the purposes of agreeing
to the terms of only Section 3 hereof:
DOORNBOS BROTHERS, L.P., a Texas
limited partnership
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me this day of , 2014, by
of C. DOORNBOS, Inc. a Texas Corporation., General
partner on behalf of C. Doornbos A & B, L.P., a Texas limited partnership, on behalf of said
limited partnership.
Signature
Name
Notary Public, State of Texas
My Commission expires:
After Recording,Please Return To:
#4487144.1