HomeMy WebLinkAboutPR 18381: WATER TRAMSMISSION LINE EASEMENTS FROM SABINE PASS LIQUEFACTION, LLC P.R. NO. 18381
06/13/14 gt
RESOLUTION NO.
A RESOLUTION ACCEPTING ASSIGNMENTS OF WATER
TRANSMISSION LINE EASEMENTS FROM SABINE PASS
LIQUEFACTION, LLC.
WHEREAS, Sabine Pass Liquefaction, LLC. ("SPL") , has obtained
a 15' wide utility easement under and across Lot 5, Block 21 of a
Replat of Block 21 of the Port Arthur Heights Addition for the
purpose of underground water transmission (attached hereto as
Exhibit "A") ; and
WHEREAS, Sabine Pass Liquefaction, LLC. ("SPL") , has obtained
a 15' wide utility easement under and across Lot 4, Block 21 of a
Replat of Block 21 of the Port Arthur Heights Addition, 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.pr18381
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 18th Street
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
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 the 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.pr18381
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
7)/Ae City Attorn
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P. E. ,
Interim City Manager
s.pr18381
EXHIBIT "A"
s.pr18381
2014016477 1!IkiI111 IUII1IItI{l!I Gs
EAS
THE STATE OF TEXAS §
§ WATER TRANSMISSION LINE EASEMENT
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS: That, RODNEY J. BROUSSARD, SR. AND
BRENDA BROUSSARD, hereinafter called Grantors, whose mailing address is 1914
Reverend Raymond Scott Avenue, Port Arthur, TX 77640, 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 an underground water
transmission line or lines ("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:
For Metes and Bounds Description &sketch, see Exhibit "A" attached hereto
and Incorporated for reference.
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.
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2014018477 Page 2 of 7
GRANTORS ACKNOWLEDGE THAT:(I)SABINE WILL ASSIGN THIS EASEMENT IN WHOLE TO THE CITY
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(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. 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.
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2014018477 Page 3 of 7
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EXECUTED THIS THE, (e day of �Ti � ,2014.
GRANTORS:
By: .4 �� �..
RODN : ' SARD,SR.
By:
BRENDA BROU SARD
GRANTEE: SABINE PASS LIQUEFACTION,LLC
By:
Waltikika-QA
Name: Ala- Er TARR
Title: \lice itIosper4r, sit4t-s itPMaNt-Ta0: 1100
THE STATE OF TEXAS
COUNTY OF JEFFERSON §
This instrument was acknowledge before me on ,al.Al(\e' IQ ,2014
by RODNEY j.BROUSSARD SR.AND BRENDA BROUSSARD.
• SRY
, Matthew Brian Eckmann ? '
My Commission Expires`li 03/2112016 d.i/114L---
Nota•y Public,State of Texas
3
2014018477 Page 4 of 7
STATE OF TEXAS §
COUNTY OF HARRIS §
The foregoing instrument was acknowledged before me this jay ofJU►7L, 2014, by
%fin,({ E. EPcA,v v VI 1Pr4siL v4 Atg w.ts DNclopM of'ABr NN PASS LIQUEFACTION,
saic
LLC,a Delaware limited liability company,on behalf of imtte M ility company.
„"'° Signature
1 �l` My Comm tston EEKptret
tell, October 5,2017 A�\ A- tnhve t.
1
`' Name
Notary Public,State of Texas
My Commission expires: 10105194+7
Return to:
C IERE QUE TION,LLC
700 M,S 80
HOUSTO , EXAS 002
CONTRACT LAND STAFF
8213-A SHOAL CREEK BLVD STE 202
ATTN MATTHEW ECKMANN
AUSTIN TX 78757
4
2014018477 Page 5 of 7
• • ii‘'‘ .
.1)9 ARCENEAUX&GATES
ARCENEAUX
Consulting. ngineOrs,lne,
CATS .A Borrow Global Company
Engineers • Surveyors•Planners
METES AND BOUNDS DESCRIPTION OF A,15'.:WIDE UTILITY EASEMENTS OUTOF LOT 5,BLOCK Page I 1
n OF A REPEAT OF BLOCK 21 OF THE PORT ARTHUR HEIGHTS ADDITION AS RECORDEDIN
VOLUME:12.PAGE 47°FINE:MAP RECORDS-OF JEFFERSON COUNTY,TEXAS AND BEING MORE
pAnditAitty bEStRi BED BY.METES'AN licit)kr)...‹.A5 Fou.ciw'si
For locative purposestommencIng eta lir-Steel rod with cap marked Arceneaux and Gates found far
the southwesterly corner of the said Lot 5,a Point In the easterly right-ef-Way line of gansaSAVeriee,a
60Ieet Wide dedleated:Poblic road;'
Thence North 53 deg.78 mln.56'sic.West along and with the westerly line of the said tot 5 end said
eastertyfina'of KensesAvenue.eABStancept 18.44 feet toa point for the southwesterly corner and
PlAtE OFROGIHNI4 of the herein.described tratt
Thence continuing North 53 deg.2$rain.53Sec,-West along and with the said westerly line of lot 5 and
easterly tine of KaniaSAVeriue a distance of 15 00 feet to a point for the northwesterly corner of the
hereindeScribed Oland;
Thence North 36 deg.39 min.-100c.East over and actossthe said Lot 5 a distance of 150.00 feet to a
point Mille common line of Lot 4,and the said Lot 5 for the northeasterly corner of the herein described
tract Of land;
Thence South 53 dog.26 min.10 sec.East aloha and with•the Said common line of lot 4 and LotS a
distance Of 15.00.feet o a point for the southeeSterlyeerner of the ri,q0lp described tract of lend;
Thence South 3644.39 Min.10See.West over and across the said Lot Se distance of 150.00 feet to
the PiACE00 BEGINNING and containing 0.0510 acre of land,more or less.
hicri;•.5.ekett0rnpanYing plat,
Prepared May 20,2014
prepared$Y-Ateeneatk&data COnsulting Enalneets;Inc
Engineers Surveyors Planners
A Burrow global company
. 7..1.04TWecte•
, •
• • •
By '135tIt1331511:Mii
.1111111.1111M7,Num..
es Verrett, €41.46910.•
Teii#Registered ProfeSSIOnal Land Surveyor atti.1431 dditIlet0
- •
2901 Turtle Creek pr.,Suite 320 Port Arthur.TX 71642 Ovine: 409/724• 088
Fax: 409/70440
.•
•
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2014018477 Page 6 of 7
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LOT,
LOTe CAT1.NORTH
oD
• TEXAS AVE.
i5_ &INDlYC SEMEN LAYS 1 H
a -�' I 44 LOT1 Z
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JOHNSON... 1 I 8 Bti`1 W12 0
X 5 1CC1OO-98�O742 Si,4 ,v a
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• HAT'24'io`w fait! ., g 8 15 d t
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*ADM SEWN ME
25'B LOTS
...//1 �N 286E!W 16.00'
N3r lb'5s•w leii'' POc
KANSAS AVE.
12c� 10r_12 toll iiicENEAVX
pfcaw P GATES
a6g or,OEGf1�
Irv.NC.
IS.No.:CPA-650 raz.,uee.n.,a�s
SCALP 040'
411E MAY 30.2014. .
PLAT OF PROPERTY
I Miff*THAT THIS IS A PUT OF A PORTION'OF THE PROPERTY KNOWN AS 1914.KANSAS AVENUE, PORE
ARTHUR,TEXAS, THE PROPERTY OF ROONEY J. BROUSSARD AND WIFE BRENDA BROUSSARD;AS SURVEYED AT NE
SH015TN0 NO.IM,PROVEMAEINTS AND BEING APART OF LOTS 81.*:.21 OF A.REPAT;OF StOCK 2T, FORT ARTHUR
fit it itS ADDITION, A 90-..-OF WIIICH IS RE�ROEO IN 1'OLUIIE 12 PACE 47 OF THE MAP-RECOROS OF JEFFERSON
COUNTY TEXAS.ALL TO T13E BEST OF UT KTtOYA.EDOE AND B£UEf.
SEARINCS AND DISTANCES REFERENCED.Y0 _.r... TATE PANE COORDINATE SYSTEM,SOUTH CENifuL ZONE,
HAD 83. SEE ACCOUPAHi1NO DESCRI' ,:•:-..;"'E OF�r
E.JAMES,,.EITRETT i,
, ..-j , ..; - i.E; ES VERRETT \.,„.,; vv..�......,; TEXAS REGISTERED ENGINEERING FIRM F-30,:A,;,•R.•.LS. NO. 1761 ,OSORgEt - TEXAS LICENSED SURVEYING FIRM 100142-00 3R
2014018477 Page 7 of 7
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
e444.4. Asa7
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
June 12, 2014 11:03:23 Ali
FEE: $46.00 2014018477
•
EXHIBIT "B"
•
s.pr18381
I �s�AS 201401847$
THE STATE OF TEXAS §
§ WATER TRANSMISSION LINE EASEMENT
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS: That, DELCEY JOHNSON, WIDOW OF
NAHALA JOHNSON, hereinafter called Grantors, whose mailing address is 1919 freeman
Avenue, Port Arthur, TX 77640, 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 an underground water transmission line or lines ("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:
For Metes and Bounds Description & sketch, see Exhibit "A" attached hereto
and incorporated for reference.
•
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.
1
2014018478 Page 2 of 7
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 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 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. 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.
2
2014018478 Page 3 of 7
EXECUTED THIS THE (2 day of .. 1�� ,2014.
GRANTORS:
By:
VA :yam.,+,
NAHALA OHNSON g`
GRANTEE: SABINE PASS LIQUEFACTION,LLC
By: 0444D10/1 1U�
Name: 7UA4-L O
Title: Vldelt3i T:44 /.E5›` eAttir-7.12,44SPaern0
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledge before me on. _ (Q ,2014
by 1OHNSON.
Tsvizal
2064,.-16 Matthew Brian Eckmann �( i�/ it
• My Commission Expires �(�
03/21/2016 . ary Public,State of Texas
3
2014018478 Page 4 of 7
STATE OF TEXAS §
COUNTY OF HARRIS §
The foregoing instrument was acknowledged before me this 1 day of 1111 e.., 2014,by
Roy%ac,.lt .tPave, V«-0 R"est1un{,'BuSt s Vevelop ofSAwBI PASS LIQUEFACTION,
LLC,a Delaware limited liability company,on behalf of crtriZte l iility company.
`— ACA- A `� -
Po ^."1� Signature
._4`/H TONI A BENNETT
, My October 5,20171rea 6A-Or tet
°�na.f•' Name
Notary Public,State of Texas
My Commission expires: tot "°17
Return to
CH IERE L UEF TION,LLC
1 700 M M,S E 80
HOUSTO , EXA 002
CONTRACT LAND STAFF
8213-A SHOAL CREEK BLVD STE 202
ATTN MATTHEW ECKMANN
AUSTIN TX 78757
4
2014018478 Page 5 of 7
•
ARCENEAUX&GATES
ARM EAUX Consulting Engineers,Inc:
• GATES A Burroiv1QloBal.Company
Engineers • Surveyors•:Planners
METES AND BOUNDS DESCRIPTION OF A 15'WIDE UTILITY EASEMENTS OUT OF LOT 4;BLOC( Page
)1 OF A REPLAT OF COCK 21(*Ili E PORT ARTHUR HEIGHTS ADDITION AS RECORDED iN
VOLUME 1Z PAGE 47:OF THE MAP RECORDS OF JEFFERSON COUNTY.TEXAS AO BEING MORE
pARTICUCARLY DESCRIBED BY M 'TLS AND BOUNDS AS'EOLLdWS•
for locative purposes Commencing at a 2/2"steel rod with tap marked.Arceneaux and Gates found for
the southeasterly corner of the Said_Lot 4,a point In the westerly;igh-of Way line of Texas Avenue,a 60
fait widi di dtcatea.pvblic road;
Thence North 53 deg.27 roan.54 sec.West along and with the easterly line of the said Lot 4 and said
westerly line of TexasAvenue a distance of 17.97feet to a point for the southeasterly'tornet and PLACE
OF BEGINNING of the hOeln described tract of land;
Thence South 36 deg.39 min.10 sec.West over and a cross the said tot 4 a distance of 150.00 feet to a
point In the common lane of the 8110101.4 and said Lot S.fo_r the southwesterly corner of the herein
de'scrlbed tract of land;
Thence North 53 deg.26 min.10 sec.West along and with the said common line of Lot 4 and Lot 5 a
distance of 15.00 feet toe point for northwesterlycorner'ofthe herein described tract of land;
Thence North 36 deg.39 min.10:sec.East over'and across;the said Lot 4 a distanoe..of 350.00 feet to a
point In the herein before said easterly line of Lot 4.and westerly line of Texas Avenue for the
northeasterly corner of the herein described tract of land;
.Thence South 53 deg.27 min.54 sec.East along.and with the said easterly line of Lot 4 and westerly line
of Texa;Avenue a distance of 15.00 feet to the PLACE OF.BEGINNING and containing 0.0516 acre of
land,more or less.
NOTE:See:accompanyingPlat.
Prepared May 20,2014
Prepared byArceneauic&Gates CofsutttneErl ineers,inc. '
Engineers Syiryeyors Planners ;:1rs Ed �•x7`
A Burrow Global company , `6:' 4 aid 4.
E.AAME8 VERRETT
•
t.isle=lerrett, HO$ ME
Tetras Registered Professional Land Surveyor'NO:1781 --_�
2901 Turtle Creek pr.,Suite 320 Port Arthur,TX 77642 Phone: 409/724.7888
Fax: 409/724.1447
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2014018478 Page 6 of 7
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LOT?
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PC1C,PIAIX or COIAIENC•OfF „, .
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IS,Mo.:CPA-1150 g ' - . g coduni.c bakto.or..
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PLAT OF PROPERTY
I CERTIFY THAT THIS IS A PLAT OF A PORTION OF ThF PROPERTY KNOWN AS 1919 TEXAS AVENUE. THE
PROPERN OF NAHALA JOHNSON AS:SIA3VEYE0 BY ME SHOWING NO IMPROVEMENTS AND BEING A PART OF LOT 4,
BLOCK 21 OF A'REPLAT OF BLOCK 21, polo.ARTMJR HEIGHTS OM:A MAP OF.WHICH IS RECORDED IN ....
VOLUME 12 PAGE.47 OF THE MAP WORDS OF'JEFFERSON COUNTY TEXAS ALL TO THE 301":OF NY KNOWLEDGE
AND BEUEF.
BEARINGS AND DISTANCES REFERENCED TO ! !;-•::;,_STATE PLANE COORODIATE SYSTEM. SOUTH CENTRAL ZONE.
NAD 83. SEE ACCOMPANYING DES0121..Ig-.,.----1,---s:pprl--,
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E.:,/ VERRETT A e.o. r%0 ._ . TEXAS REGISTERED ENGINEERING FIRM F-90
,-.4pe• 00.40 ; • --
••t.L.S. NO. 1781 `:- "S RNIC.• - TEXAS LICENSEE)SURVEYING FIRM 10142-00 Fw4
-• '-,.,:-.•
•
2014018478 Page 7 of 7
•
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
June 12, 2014 11:03:23 AM
FEE: $48.00 2014018478
EXHIBIT "C"
s.pr18381
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 RODNEY J. BROUSSARD, SR. AND BRENDA BROUSSARD,
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, RODNEY J. BROUSSARD, SR.
AND BRENDA BROUSSARD 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 hinds 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:
1#4487144.1
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:
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:
#4487144.1
RO l � OUS, R•, SR.
/ 0�/
-
Nirreor
BRENDA IFF0 d SSARD.
STATE OF TEXAS §
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this Co day of 4sprik. 2014, by
RODNEY BROUSSARD, SR. AND BRENDA BROUSSA
lift
4N, Matthew Brian Eckmann Sign ure* My Commission Expires
44... ' 03/21/2016
Name
Notary Public, State of Texas
My Commission expires:
After Recording, Please Return.To:
City of Port Arthur
P O Box 1089
Port Arthur, Texas 77641-1089
#4487144.1
EXHIBIT "D"
s.pr18381
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 DELCEY JOHNSON, WIDOW OF NAHALA JOHNSON,
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, DELCEY JOHNSON, WIDOW
OF NAHALA JOHNSON hereby (a) consents to the terms hereof, (h) 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:
#4487144.1
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:
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:
#4487144.1
NAIIALA JOHNSON t WECEkS Efij
jat petal
-
STATE OF TEXAS §
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this C day of tont 2014, by
fitaiiiiglOHNSON.
DE z-c
j?ij1iJJ
Signa ire
Matthew Brian Eckman
w4) 03/2;72;116 Eames
Name
Notary Public, State of Texas
My Commission expires:
After Recording,Please Return To:
City of Port Arthur
P O Box 1089
Port Arthur,Texas 77641-1089
44487144.1.