HomeMy WebLinkAboutRES 12-059 RESOLUTION NO. 12-059
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Easement
Agreement with TransCanada Keystone Pipeline, LP, granting a perpetual permanent
easement that will cross Christian Hillebrandt Survey,Abstract No. 28,and Samuel Stivers
League, Abstract No. 51, located within the Tyrrell Park Marsh, said agreement attached
hereto as Exhibit"A"and made a part hereof for all purposes. The easement will be used
for the purposes of surveying, laying, constructing, inspecting, maintaining, operating,
repairing, replacing, altering, reconstructing, removing and abandoning in place one
pipeline together with all fittings, cathodic protection equipment, pipeline markers and all
other equipment and appurtenances thereto, for the transportation of oil, natural gas, and
all byproducts thereof, and will be constructed in accordance with City requirements.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2012.
JIPA
- #yor Becky A es -
y
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i
Prepared by and return to:
TransCanada Keystone Pipeline, LP
2700 South Post Oak Blvd., Suite 400
Houston,TX 77056
(Above Space for Recorder's Use (Only)
Tract No. ML-TX-JE-00402.000
ML-TX-JE-00402.500
ML-TX�JE-00404.000
EASEMENT AGREEMENT
For and in consideration of the sum of Ten Dollars ($10.00) paid in accordance with this Easement
Agreement (this `Agreement"), the mutual promises of the parties herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged (collectively, the
"Consideration"), City of Beaumont, of the state of Texas, of Jefferson County, Texas, whose mailing
address is 801 Main Street, Suite 210, Beaumont, Texas 77701 (hereinafter called "Grantor") does
hereby grant, sell, convey and warrant unto TransCanada Keystone Pipeline, LP, a limited partnership
having its principal place of business at 717 Texas Street, Houston, Texas 77002, its successors and
assigns (hereinafter called "Grantee"), a perpetual permanent easement for the purposes of surveying,
laying, constructing, inspecting, maintaining, operating, repairing, replacing, altering, reconstructing,
removing and abandoning in place one pipeline, together with all fittings, cathodic protection equipment,
pipeline markers and all other equipment and appurtenances thereto (it being expressly understood,
however, that this Easement shall not give Grantee the right to construct or operate above-ground high
voltage electrical transmission lines), for the transportation of oil, natural gas, hydrocarbon, petroleum
products and all by-products thereof, on, under, across and/or through a strip of land 50 feet in width, as
more particularly described in Exhibit which is attached hereto and made a part hereof(the "Easement
Area") located on real property situated in the County of Jefferson, State of Texas owned by Grantor and
described as follows:
That certain tract or parcel of land situated In the Christian Hiilebrandt Survey, Abstract No. 28,
Jefferson County,Texas, being more particularly described In that certain General Warranty Deed
from Harry Holloway and wife, Christie E. Holloway to City of Beaumont, of the State of Texas,
recorded as Instrument No. 9003030 of the Official Public Records of Jefferson County, Texas;
less and except any conveyances heretofore made.
And
That certain tract or parcel of land situated in the Samuel Stivers League, Abstract No. 61,
Jefferson County, Texas, being more particularly described in that certain Correction Deed from
W.C. Tyrrell Trust'a joint stock association, to City of Beaumont, of the State of Texas, recorded
In Book 278, Page 374 of the Deed Records of Jefferson County, Texas; less and except any
conveyances heretofore made.
EXHIBIT "A"
(The "Property"). In addition, during the original construction of the pipeline, the easement granted
hereunder shall also include the area described under the headings 'Temporary Work Space" and
"Additional Temporary Work Space" and are more particularly described in Exhibit A hereto (the
"Temporary Work Space").
The aforesaid Easement is granted subject to the following terms, stipulations and conditions which are
hereby covenanted and agreed to by Grantor. By acceptance of any of the benefits hereunder, Grantee
shall be deemed to have agreed to be bound by the covenants applicable to Grantee hereunder.
1. The liabilities and responsibilities of the Grantor and Grantee for claims for damages and losses
relating to the Easement, the Easement Area or Temporary Work Space are described in the paragraphs
below:
A. Grantee will pay all commercially reasonable costs and expenses that result from the
Grantee's, or anyone acting on the Grantee's behalf, use of the Easement Area or Temporary
Work Space, including but not limited to damages caused by petroleum leaks and spills and
damages to Grantor's crops, pastures, drainage systems, produce, water wells, wetland cells,
livestock, bridges, lanes, improvements, equipment, fences, structures or timber, except to the
extent the damages are caused by the negligence, recklessness, or willful misconduct of the
Grantor or anyone acting on the Grantor's behalf.
B. Except as otherwise specified herein, neither Party shall in any circumstances
whatsoever be liable to the other Party (whether in contract, tort, or otherwise)with respect to the
performance or non-performance of this Agreement for any loss of profit, loss of revenue, loss of
use, loss of business, loss of goodwill, loss of product, operating costs, plant downtime, financing
and interest costs, business interruption, or any indirect, special or consequential cost, regulatory
fines, expense, loss or damage, even if the same arises wholly or partly through the negligence of
such Party. All releases, waivers, and limitations between Grantor and Grantee shall also apply
to their respective parents, affiliates, subsidiaries, as well as their directors, officers, and
employees.
C. If Claims or legal actions for damages arises from Grantee's or anyone acting on the
Grantee's behalf, operations under this agreement and/or use of the Easement, Easement Area,
or Temporary Work Space, Grantee will be responsible for those claims or legal actions, and will
defend, indemnity and hold the Grantor harmless in this regard, except to the extent that those
claims or legal actions are determined to have resulted from the negligence, recklessness, or
willful misconduct of the Grantor or anyone acting on the Grantor's behalf.
2. Grantee shall have the right to remove all fences from the Easement Area and the Temporary
Work Space, as required for purposes of construction or repairs of Grantee's pipeline(s) and Grantee
shall repair all such fences promptly upon completion of construction or repairs on Grantor's Property to
substantially the same condition as such fences were in prior to removal by Grantee. Grantee agrees to
erect a temporary barbed wire fence around the Easement and Temporary Work Space, within Grantor's
storm drain area prior to construction to prevent wildlife from crossing onto the Easement Area or
Temporary Work Space during construction activities.
3. Provided its use of the Property does not in any manner interfere with or prevent the exercise by
Grantee of its rights hereunder, or create an actual or potential hazard to the pipeline(s) or its
appurtenances, the undersigned Grantor, its successors, heirs or assigns, reserve all oil, gas and
minerals on and under the Property and the right to farm, graze and otherwise fully use and enjoy the
Property; provided, however, that Grantee shall have the right hereafter to cut, keep clear and remove all
trees, brush, shrubbery, structures and other obstructions or facilities with prior coordination with and
approval by Grantor, such approval not to be unreasonably withheld, conditioned or delayed, without
additional compensation, in the Easement Area being conveyed that are deemed by Grantee to injure,
endanger or interfere in any manner with the proper and efficient construction, use, inspection or
maintenance of said pipeline(s), or fittings, cathodic protection equipment and other appurtenances.
2
4. All notices under this Agreement shall be in writing, addressed to the addresses first set forth
above and be delivered by certified mail, postage prepaid, and return receipt requested, next business
day delivery via a reputable national courier service, regular United States mail, facsimile, e-mail or hand
delivery. A party may change its address for notice by giving notice of such change to the other party.
5. The undersigned hereby bind themselves, and their respective heirs, executors, administrators,
successors and assigns, to this Agreement unto Grantee, its successors and assigns. The Easement
granted hereby shall create a covenant and burden upon the Property and running therewith.
6. It is agreed that this Agreement, together with the Keystone Pipeline Project Landowner/Tenant
Construction Conditions Agreement by and between Grantor and Grantee of even date herewith,
constitutes the entire agreement between the parties and that no other agreements have been made
modifying, adding to or changing the terms of the same. Agreement shall not be abrogated, modified,
rescinded or amended in whole or in part without the consent of Grantor and Grantee, in writing and
executed by each of them, and duly recorded in the appropriate real property records.
7. The rights granted hereby to Grantee may be assigned by Grantee in whole or in part, in
Grantee's sole discretion with prior approval by the Grantor, such approval not to be unreasonably
withheld, conditioned or delayed.
8. The terms, stipulations, and conditions of this Easement are subject to all applicable laws,
regulations, and permit conditions.
9. This Agreement shall be governed by the law of the State in which the Easement Area is situated.
10. This Agreement may be executed in counterparts, each of which shall be considered an original
for all purposes; provided, however, that all such counterparts shall together constitute one and the same
instrument.
11. Grantee shall grade and slope the Easement Area and Temporary Work Space in order to restore
the same as the pre-construction grade to the extent it does not interfere with the maintenance and/or
safe operation of the pipeline. Upon completion of construction of the pipeline, Grantee shall leave no
noxious materials or other hazards or obstacles on Grantor's land.
12. The Easement and rights conveyed in this instrument are non-exclusive. Grantor may grant other
easements for pipelines running parallel to Grantee's pipeline, provided, any such grant to a third party
shall be made expressly subject to the rights herein granted and shall contain a provision that such third
party's pipeline shall be constructed a sufficient distance from Grantee's pipeline so as not to create an
actual or potential hazard to the pipeline or its appurtenances or interfere with Grantee's rights hereunder
or exercise of same.
13. Following completion of original construction of the pipeline and the date the pipeline is put into
service on the Property, in the event Grantee, its successors or assigns ceases to use or otherwise
maintain the Easement Area or the pipeline for a period in excess of twenty-four(24)consecutive months,
the Easement shall terminate and all right, title and interest in the Easement Area shall revert back to the
Grantor, provided Grantee shall have the right, but not the obligation, to remove its property therefrom
within a reasonable period of time following termination. In the event of a termination pursuant to this
Section, Grantee shall quitclaim all rights and interest in this Easement to Grantor upon receipt of
Grantor's written request of same.
14. Grantee shall have all privileges necessary or convenient for the full use of the rights herein
granted, together with reasonable ingress and egress over and across that part of the Property located
adjacent to the Easement Area and the Temporary Work Space. Notwithstanding the foregoing, Grantee
agrees that it shall provide Grantor no less than 24-hours advance notice prior to accessing any portion of
the Easement Area located within an established wetland cell for any routine or non-emergency purposes
3
and shall coordinate such access with Grantor. In the event of an emergency, Grantee shall be permitted
access, without advance notice, to the wetland cells as may be reasonably necessary in order to prevent
or mitigate damage to the wetland cells and the surrounding property. Grantee shall provide notice to
Grantor of any such emergency access as soon as is reasonably practicable. Grantee agrees that only
foot traffic shall be permitted on the levee slopes or wetland cells, and vehicular access shall be limited to
graveled and/or paved roads.
IN WITNESS WHEREOF, Grantor has executed this Agreement as of the day of
, 2012.
GRANTOR:
City of Beaumont
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of , 2012, by
of
a , on behalf of said
Notary Public in and for the State of Texas
Printed Name:
My Commission Expires:
4
EXHIBIT "All
JEFFERSON COUNTY, TEXAS
Pc. PACE SAMUEL SLIVERS LEAGUE, ABSTRACT NO. 51 Foum
Pte, PROP40SM CHRISTIAN HILLEBRANT LEAGUE, ABSTRACT NO. 28
N.T.S. NOT TO SCALE
—IC— PROPERTY LIKE
CENTERLINE (t)
�t FENCE LINE POINT OF CDMUENCIMG N�— DEMOTES SAME O"fER
I.R. IROH ROD 20' WIDE T.A.E. 1
C.I.P. GALVAIMiEO IKON PIPE FND.314"G.I.P.
T.W.S. TEMPORARY WORKSPACE !I
A.T.W. ADDITIONAL 704PC•lU WORKSPACE (!
P.E. PERkVJ*W EASEMENT
T.A.E. TEMPORARY ACCESS EASCMENT !!
MAD 83 NORTH AMER" DATUM OF 1983
CPS GLOM.POSWAOM NC SYSTEM �!I D 500 1000
1.
«. C. F.N. COUNTY CLEWS FME MJ90ER a�
O.R.AC.T, DEED f1 W,C C I m 5 OF.EFRV60N COUNTY, 1EXAS 4.1 1 SCALE: 1'1,000'
O.P.R.J.C.T: OFFICIAL PUWC RECOR03 OF JEFFERSON COUNTY. TEXAS ! I
TRACT N0. ML^TX- -OOIOZ-000 !
CITY OF' BEAUMONT I
Tl'"=PROPERTEs,;AD. ! I
REWUF OF A CALLED 853.48:ACRES CALLED 500 ACRES-
(FOIST I
W 2233M PQ a _�. VOL. 27.8, PG. 374
D.R.J.C.T. D.R.J.C.T.
i � ! NO,TAI-
F '. 2 3. CITY OF BEAUMONT
I.,. CALLED 2.183.50 ACRES
. '
POINT of BEG61F�10. C.C.F.N. 9003030
zo' T�1;A;,.1 1 I O.P:R.J.C.7
TERREt L RbAD-/� I
POINT Of . SEE DIET *A"
A ! 4.'
NC a.i>f 11
soi3ss7-E, BASELINE !
. .S'EE DETAIL "B°
teaa 54' p;E. 1 a OF It
� sT!9 s2•ssE !
t.t9aT" QT W
3 T OF rrrlsTZ�E TERliiril►Im Z
n 1.80:4 �E T.A•E, 1
207.1=� -J
4�.53'13'TIK N
FWD.t'GI.P. 430.9
SI9aD'4I'E-'3:0708
Mrs:
I. THE OM Wor OF TIM:044=TRACT:'SWKXIN HWREOH.IS
11UP UPON A-UMt1ED'KYLE Cb WC1A-lE.(LTC.% MWARED.
FOR 1RAT:T ft 010-u-.I[-00402,��y�pyp�j,�t.IP�Eyty�.�t '07/y7!2010.. LINE TABLE
q T7L- D40TI.5D4 110.r-TX•JE-47 04.•000,UPDATED
O8 p t1Y l61tTA�}y�g Of 1RAN8CNiAM 20' WIDE T.A.E. 1
pro TJ4 NO.OT4IIIt AIWARM W7L5 g j t owANOE
or t STD 132I'E 74 3
Tkut tiE!!E W�CtITED mmet THE us.Of THE 2 5I0WWE 134.B
UMIItD'SEJIRCH PERIOD(3o YEARS WCH ARE NoTSNom a 3 'J63istn leer
3 ♦� +1�4;fr 4 SDQT II'E 1.71er
s: ALL>>rEAawwa AND DISYANt1r5:CONTAIM�G T ARE ARro
eTA�B eSJ eJ111. 2'ONE.t5 NoRTht aAO 53..U.S..SIIRVEY fE&'t
DWOO .MARCH 2WL 8Y tJM11ERSAl 447A
3. SEE SNEt:TS.S.8. 7 5, 6,10&11 OF 11 FOR DESCRIPTIONS.
I'TH6 PLAT AND ACCi%WAW M G'DESCRI>T1oN ARE NOT f
W£ALM tMTN THE RANG IMWSSM SFAL OF THE R.P.L.S.
•31611AT1f�AM tRS BLlON:lT ENOULJ>(K
,� AS A COPY ANp NOT THE OWgNAL,
I.A.S.<M Wf. JR.,-00 mmuw CERTIFY TWIT 11IS' CIT I OF BG.nUMON.T
SLW&Y WAS MADE ON TIE OROLINO, *AY TimMAT TOTAL DISTANCE ACROSS. PROPERTY: 9,927.4'
tOMIECTLY REINIESDOIS THE FACTS POUW O AT THE TIME OF
THE WftwY. AREA OF PERMANENT EASEMENT: 11.39 ACRES
AREA OF TEMPORARY WORKSPACE: 5.89 ACRES
/J� AREA OF WORKSPACE:�S( ari/3/�i TEMPORARY WORKSPACE: 1.72 ACRES
Z A.S. ���. JR• ', 7 AREA OF 20' WADE
TEXAS H REGMTK No 4474 TEMPORARY ACCESS EASEMENT: 3.36 ACRES
Ica TransCanada
FIA EASEMENT PLAT
++�•++� ' PERMANENT EASEMENT
vnKn:•c u.:.to..wC
4e1Q LOOP LLW;IRAL DP RKiINATOR SCALE 1 1.1,O• UPON THE PROPERTY OF
SLUM 300 CITY OF A3EAUMONT
M 30M,nc 77001 WWERS�I olsco,r70 oe 4 DWPLJNE/
PII.713-377-7770
Jas NO. 11042.00 OMs/ie � st+EEr 1 OF 11 on No ML-TX-aE-oo4oz.000 �3
TC-10_oRD.OWG&&X14 CARD DRAWING: 00.NOT MAKE MANUAL REVISIONS PLOTTED SIZE: LEGAL(8.5x14)
EXHIBIT "At'
i Frmm JEFFERSON COUNTY, TEXAS
a VOL. VOLUME SAMUEL S11VERS LEAGUE, ABSTRACT NO. 51
PG. FOUND CHRISTIAN HILLEBRANT LEAGUE, ABSTRACT N0. 28
FND PROP. PROPOSED
N.T.S. NOT TD SCALE N
PROPERTY LINE
CEHTERUNE
--�-
X— FENCE LW
G.I.P. GALVANIZED IRON PIPE
T.W.S. TEMPORARY WORKSPACE
A T,,W.S. ADDITIONAL TEMPORARY 1400SPACE
P.E. PERMANENT EASEMENT
NAD 83 NORTH AMERICAN DAMN OF 1983
GPS am&pmmm SYSTEM low
UTM LWIVERSAL TRANSVERSE lERCATOR
C.C.F.k. COUNTY CLERICS FILE NUMBER wi
ER-LC.T. DEW RECORDS OF JEFFERSON COUNTY. TEXAS x SCALE: 1'-1.000'
O.P.R.J.C.T. OFFICIAL PU841C RECORDS OF JEFFQ"0M COUNTY, TEXAS
P.R.J.C.T. PROBATE RECORDS OF JEFFERSON CMN V, TEXAS
T.A.E. Tfk4PORARY ACCESS EASEMENT N6944'34E- am,
ET AL AND OTHERS POINT OF COMMENCING POINT OF BEG iNING
20' WIDE T.A.E. 2, 3 do 4 2O' MADE T.A.E. 2
o END. f'QLP. END.Y'G.I.P.
(TRACY NQ ML-TX- OWOZ.S00. f Z
�AZr NQ 1q.—TX—.E-OI�Oi.00B) f 4
CITY OF BEAUMONT
CALLED 2,1$3.50 ACRES
C.C.F.N. 9003030 3 �. .
t HILLEBRANDT BAYOU
x
,J
RE-ENTRY Z POW OF
1� POINT OF / POINT OF BEMNING
EXIT / 20 MADE T.A.E. 4 * I� T BEGINNING
sm��•E �/ 20' MADE T.A.E. 3
��'• P 201;1' 6 "D*
4 BASELINE s / SEEDE i�11 D
50' P.E. -E
$73 SW4e +` 39s2 P POINT OF '
s793o4a'E-31s7xs YSTIS'• TERAIWATIOI+t O1NT
SEE' DETAIL "C" 2O' WIDE TERMINATION POINT OF
9NEt T 1 OF it \11 11 T A E; 4 2d VdDE T.A.E. 2 TERMINATION
POINT OF
TERMINATION _
20' WIDE T.A.E. 3 TRACT
TNT ESTATE OF B.E.QUINN.JR.ET AL
CAVSE NQ 13690
a 4RJ.C.T.
CRIM AS
LINE TAME LINE TABLE CAL ED ACRES
T.A.E. 2 de 3 20' MADE T.A.E. 4 VOL 417•PO.5%
it #, WAN" DISvmm If 6EARg9 OETANC£ DJ2.J.C.T.
a t SUNS'41•IV 0121' 1 S79 2316'E 610 S.
2 SI638•" 426' 2 32B 0456E 700
3 S07TI6'39'E &066.5'
4 S71O4.4YW 533'
yl 5 8D7 I-WE 340&
ad
8
SEE SHEET 1 OF 11
FOR DISTANCE AND AREA CALCULATIONS
5 A EASEMENT PLAT
'�171G�a OHAMi ` PERMANENT EASEMENT
4545 Loop CUMAL 00. ORIGINATOR: SCALE 1•.,i3OOD• UPON THE PROPERTY OF
surly 100 CfIY OF BEAUMONT
HOU9701L Ttc 77051 UNIADW1.ENSCO.W. 09/24/20M.CISC1Pl.9E #
PK 713-977-7770 OE
15 JOB Ab. 11042.00 p48/le 'A9G sN�2 of tI ML-TX-.E-00402.000 +y
TC-L0_6RfY.DWO 6.5X14 CADD DRAWWG: DO NOT MICE MANUAL REVISIONS PLOTTED SIZE: L.EGAI. (8.5x14)
EXHIBIT "A►,
JEFFERSON COUNTY, TEXAS
e SAMUEL S11VERS LEAGUE, ABSTRACT NO. 51
e
CHRISTIAN HILLEBRANT LEAGUE, ABSTRACT NO. 28
CL
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POINT .
BECHNING o �,� 2.
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DETAIL "A"
POINT OF
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�s pg3_1 T.A.E. 1 (i 20' WIDE
�' .. T.A.E. t
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to
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4. 98,
IQ 2.58{' N �y. T •. m
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_ DETAIL "B"
N.T.S.
r♦ EASEMENT PLAT
rirakmwtoo ada GNAM4tGE
.n..VCRN.
�+�*� PERMANENT EASEMENT
4a�a COOP CRIVAL u2 ORKWATM SC&E N.T.S. UPON THE PROPERTY OF
"q7E too
rl CITY OF BEAUMONT
ousrae.nc 77081 w OiS00.ta�Mms aD. 4 200Y WsCtPUNE �
RL 713-977-7770
11042.00 0M8/IB .ASO $ 3 DP 1l Im No ML—T%--d££--%402 3
iG�G_1 iD.friYG B.SX14 CADD DRAWNG: DO NOT MAKE MANUAL REWSIONS ALO W SIZE LM&(8.504)
EXIHB IT "A"
JEFFERSON COUNTY, TEXAS
SAMUEL S11VERS LEAGUE, ABSTRACT N0. 51
s
CHRISTIAN HILLEBRANT'LEAGUE, ABSTRACT N0. 26
� N
20' WOE T.A.E. 4
� 1
4L98' o
:, 78g•
_ n. BANE 2 27V
m �
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a T.w 2,277'
W
^ A.7; 1.Og2•
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1
DETAIL V
N.T.S:
s
E POINT OF
TERMINAIION
3 T.A.E. 3 $ 20' MADE T.A.E. 3
t 20' WIDE T.A.E. 2
+� POINT OF
1 7 MINATION
T.A.E. 2
0
N X 3
% ---•. SEUNf o
a -
1 1 W,
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0 -
DETAIL
N.T.S.
N
f''x EASEMENT PLAT
AVSCWMda PERMANENT EASEMENT
046 LW COMAL DR. offiom7ort SO%tC N.T.S. UPON THE PROPERTY OF
sung 70D CITY OF BEAUMONT
PK 71,-Tx."70 II1RrEMiY.CNSCO.awC. 08/24 o0Y tNSCIPUNE
rN.n�-an-7z�o i
JOS NO. 11042.00 'ASG SHEET 4 Of 11 OWC No ML-TX-JE-00402.000 REVS
TC-LG-8RO.DwO 8.5%14 CADD DRAWMt DO NOT MAKE MANUAL REVISIONS ROTTED SIZE: LEGAL(8.504)
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.ML-TX-JE-00402.000,00402.500,00444.000
CITY OF BEAUMONT
JEF PERSON COUNTY,TEXAS
DESCRIPTION OF A FIFTY(50)FEET WIDE
PERMANENT EASEMENT
UPON THE PROPERTY OF
THE CITY OF BEAUMONT
DESCRIPTION OF A FIFTY(50)FEET WIDE PERMANENT EASEMENT IN THE SAMUEL
STIVERS LEAGUE,ABSTRACT NO. 51 AND THE CHRISTIAN HILLEBRANT LEAGUE,
ABSTRACT NO.28,JEFFERSON COUNTY,TEXAS AND BEING UPON,OVER,THROUGH
AND ACROSS A PORTION OFTHAT CERTAIN CALLED 500 ACRES TRACT OF LAND AS
DESCRIBED IN AND CONVEYED TO THE CITY OF BEAUMONT BY INSTRUMENT
RECORDED IN VOLUME 278, PAGE 374 OF THE DEED RECORDS OF JEFFERSON
COUNTY,TEXAS(D.R.J.C.T.)AND THAT CERTAIN CALLED 2,183.50 ACRES TRACT OF
LAND AS DESCRIBED IN AND CONVEYED TO THE CITY OF BEAUMONT BY
INSTRUMENT RECORDED UNDER COUNTY CLERK'S FRENUMBER(C.C.F.N,)9003030
OFTHEOFFICLALPUBLICRECORDS OFJEFFERSON COUNTY,TEXAS(O.P.R.J.C.T.)AND
REFERRED TO HEREINAFTER AS`THE ABOVE REFERENCED TRACT OF LAND",SAID
FIFTY(M FEET WIDE PERMANENT EASEMENT BEING SITUATED TWENTY FIVE(25)
FEET ETPHER SIDE OF THE HEREIN DESCRIBED BASELINE,THE SIDE1240 OF SAID
PERMANENT EASEMENT BEING LENGTHENED OR SHORTENED TO INTERSBCT THE
BOUNDARIES OF THE ABOVE REFERENCED TRACT OF LAND,SAID BASELINE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: WITH ALL BEARINGS AND
DISTANCES HEREIN BEING GRID, BASED UPON THE UNIVERSAL TRANSVERSE
MERCATOR (UTM) COORDINATE SYSTEM, ZONE 15 NORTH, NORTH AMERICAN
DATUM OF 1983 (NAD83), U.S. SURVEY FEET, AS DERIVED FROM A GLOBAL
POSTITONING SYSTEM (GPS) SURVEY PERFORMED BY UNIVERSAL ENSCO, INC.
MARCH 2008;
COMMENCING at a U2 inch iron rod found marking the easterly comer of that certain residue of
a called 853.48 acres tract of land,First Tract,described in and conveyed to Tytex Properties,LTD.
by instruaitmt recorded in Volume 2358,Page 8 of the D.R.J.C.T.and being on the westerly side of
Tyrell Park Drive;
THENCE South 01°53' 37"East,a distance of 166.0 feet to a point in the westerly line of the
above referenced tract of land and the POINT OF BEGINNING of the herein described baseline;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
South 72° 18' 12" East, a distance of 180.4 feet to an angle point in the herein described
baseline;
North 57"42' 43" East,a distance of 246.2 feet to an angle point in the herein described
baseline;
South 790 32' 33"East,a distance of 2,190.7 feet to an angle point in the herein described
baseline;
South 720 25' 16" East,a distance of 207.4 feet to an angle point in the herein described
baseline;
Sheet 5 of 11
I
EXHIBIT "A"
TRANSCANADA
UEl JOB NO. 11042.00
TRACT NO.ML-'1 X-1E-00402.000,00402.500,00404.000
C1T'Y OF BEAUMONT
JEFFERSON COUNTY,TEXAS
South 790 30' 45" East, a distance of 3,875.6 feet to a point in the westerly line of
Hillebrandt Bayou and being the POINT OF EXIT of the herein described baseline;
South 73°30'45"East,a distance of 250.5 feet over and across said Ifillebrandt Bayou to
a point in the easterly line of said Hillebrandt Bayou and being theP'OM OF RE-ENTRY
of the herein described baseline;
South 730 30' 45" East,a distance of 952.9 feet to an angle point of the herein described
baseline;
South 86°50' 58" East,a distance of 201.1 feet to an angle point in the herein described
baseline;
THENCE South 790 36'35"East,a distance of 2,073.1 fact to a point in the westerly line of that
certain called 84.18 acres traa of land,conveyed to The Estate of B.E.Quinn,Jr.,et al under Cause
Number 13690 of the Probate Records of Jefferson County,Texas and described by instrument
recorded in Volume 417, Page 556 of the D.R.J.C.T.,same being the easterly line of the above
referenced tract of land,said point being the POINT OF TERMINATION of the herein described
baseline,from which a 2 inch galvanized iron pipe found marking the southerly most northeasterly
corner of the above referenced tract of land bears North 000 29'01"West,a distance of 3,714.6 feet,
said baseline having a total length of 9,927.4 feet,said Permanent basement containing 11.39 amts
of land,more or less.
=PORARY WORK SPACE 1(T.W.S.11
Being a ten(10)feet wide strip of land,parallel with and adjoining the northerly side of the above
described fifty(50) feet wide Permanent Easement (P.E.),extending 3,090 feet in an easterly
direction as measured along said northerly side of said P.B.from the intersection with an existing
fence line along the easterly side of Tyrell Park Drive to a line 10 feet westerly of and parallel with
an existing westerly top of bank,extending or shortening the side lines of the herein described
T.W.S.i to intersect with said existing fence line and said 10 feet offset line of said top of bank and
containing 0.71 acre of land,more or less.
TEARY WORK SPACE 2(T.W.S.2)
Being a twenty five(25)feet wide strip of hand,parallel with and adjoining the southerly side of the
above described fifty(50)feet.wide Permanent Easement(P.E.),extending 3,101 feet in an easterly
direction as measured along said southerly side of said P.E.from the intersection with an existing
fence line along the easterly side of Tyrell Park Drive to a line 10 feet westerly of and parallel with
an existing westerly top of bank,extending or shortening the side lines of the herein described
T.W.S.2 to intersect with said existing fence line and said 10 feet offset line of said top of bank and
containing 1.78 acres of land,more or less.
Sheet 6 of 11
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.MI.TX-JE-00402.000,00442.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
TEMPORARY WORK SPACE 3(T.W.S.3)
Being a ten(10)feet wide strip of land,parallel with and adjoining the northerly side of the above
described Permanent Easement(P.E.),situated 7,688 feet in a easterly direction as measured along
said northerly side of said P.E.from the intersection with an existing fence line on the easterly side
of Tyrell Park Drive,extending 2,456 feet in a easterly direction as treasured along said northerly
side of said P.E.to the easterly line of the above referenced tract of land,extending or shortening the
side lines of the herein described T.W.S.3 to intersect with said existing fence line and said easterly
line of the above referenced tract of land and containing 0.56 acre of land,more or less.
TEMPORARY WORK SPACE 4(T W.S,41
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southerly side of the above
describe]Permanent Easement(P.E.),situated 7,688 feet in a easterly direction as measured along
said southerly side of said P.E from the intersection with an existing fence line on die easterly side
of Tyrell Park Drive,extending 2,466 feet in a easterly direction as measured along said southerly
side of said P.E.to the easterlyline of the above referenced.tract of land,extending or shortening the
side lines of the herein described T.W.S.4 to intersect with said existing fence line and said easterly
line of the above referenced tract of land and containing 2.84 acres of land,more or less.
ADDMON Y&TEMPORARY WORK SPACE 1 IA.T.W.S,1)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southerly side of the above
described twenty five(25)feet wick Temporary Work Space 2(T.W.S.2),extending 125 feet in a
southeasterly direction as measured along said southerly side of said T.W.S.2 from a line 17 feet
southeasterly of and parallel with the westerly line of the above referenced tract of land,containing
0.14 acre of land,more or less.The easterly and westerly sides of the herein described A.T.W.S. 1
bring parallel with said 17 feet offset line.
ADIJTTIONAL TEMPORARY WORK SPACE 2 to T WS 2)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southeasterly side of the
above described twenty five(25)feet wide Temporary Work Space 2(T.W.S.2),situated 169 feet
in a southeasterly direction as measured along said southerly side of said T.W.S. 2 from the
intersection with an existing fence line on the easterly side of Tyrell Park Drive,extending 125 feet
in a northeasterly direction as measured along said southeasterly side of said T.W.S.2 to a line 18
feet southwesterly of and parallel with an existing EnergyTransfer pipeline and containing 0.14 acre
of land,more or less.The northeasterly and southwesterly sides of the herein described A.T.W.S.
2 being parallel with said existing Energy Transfer pipeline.
Sheet 7 of 11
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.ML-TX-JE-00402.000,00402-500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
ADDITIONAL TEMPOIE2AR1'WORK Sj-ACF 3(A T.WS 3)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the northwesterly side of the
above described ten(10)feet wide Temporary Work Space I (T.W.S. 1),extending 122 feet in a
northeasterly direction as measured along said northwesterly side of said T.W.S.I from a line 30 feet
northeasterly of and parallel with an existing foreign pipeline situated 262 feet in a southeasterly and
northeasterly direction as measured along the northeasterly and northwesterly side of said T.W.S.
1 from the intersection with an existing fence line on the easterly side of Tyrrell Paris Drive and
containing 0.13 acre of land,more or less.The southwesterly side of the heroin described A.T.W.S.
3 being parallel with said existing foreign pipeline and the northeasterly sidebears North 80°39'41"
West.
ADDITIONAL TEMPORARY WORK SPACE 4(A T W.S.4)
Being a one hundred fifty(150)feet wide strip of land,parallel with and adjoining the southerly side
of the above described twenty five(25)feet wide Temporary Work Space 2(T.W.S.2),situated
2,858 feet in a easterly direction as measured along said southerly and southeasterly side of said
T.W.S.2 from the intersection with an existing fence line on the easterly side of Tyrell Park Drive,
extending 250 feet in a southeasterly direction as measured along said southerly side of said T.W.S.
2 to a line 10 feet westerly of and parallel with an existing westerly top of bank and containing 0.86
acre of land,more or less.The easterly and westerly sides of the herein described A.T.W.S.4 being
parallel with said existing westerly top of bank.
ADD ONAL TEMPORARY WORK SPACE 5(A T WS 5)
Being a seventy five(75)feet wide strip of land,parallel with and adjoining the southerly side of the
above described fifty(50) feet wide Temporary Work Space 4(T.W.S.4),situated 7,690 feet in a
easterly direction as measured along said southerly and southeasterly side of said T.W.S.2 and the
easterly projection line of said T.W.S.2 from the intersection with an existing fence line on the
easterly side of Tyrell Park Drive,extending 100 feet in a easterly direction as measured along said
southerly side of said T.W.S.4 and containing 0.17 acre of land,more or.less.The easterly and
westerly sides of the herein described A.T.W.S.5 being perpendicular to said southerly side of said
T.W.S.4.
ADDMONAL TEMPORARY'WORK SPACE 6(A T W S 6)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southerly side of the above
described fifty(50)feet wide Temporary Work Space 4(T.W.S.4),situated 8,842 feet in a easterly
direction as measured along said southerly and southeasterly side of said T.W.S.2,the easterly
projection line of said T.W.S.2 and the southerly side of said T.W.S.4 from the intersection with
an existing fence line on the easterly side of Tyrell Park Drive,extending 125 feet in a easterly
direction as measured along said southerly side of said T.W.S.4 to a line 10 feet westerly of and
parallel with an existing westerly top of bank and containing 0.14 acre of land,more or less.The
easterly and westerly sides of the herein described A.T.W.S. 6 being parallel with said existing
westerly top of bank.
Sheet 8 of 11
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.ML-TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JETTERSON COUNTY,TEXAS
ADDITIONAL TEMPORARY WORK SPACE 7(A.'W�.7)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southerly side of the above
described fifty(50)feet wide Temporary Work Space 4(T.W.S.4),situated 972 feet in a westerly
direction as measured along said southerly side of said T.W.S.4 from the intersection with the
easterly line of the above referenced tract of land,extending 125 feet in a westerly direction as
measured along said southerly side of said T.W.S.4 to a litre 10 feet easterly of and parallel with an
existingeasterly top ofbank and containing 0.14 acre of land,more or less.Ile easterly and westerly
sides of the herein described A.T.W.S.7 being parallel with said existing easterly top of bank.
TWTNTY(2ffi FEET WIDE TEMPORARY ACCESS F.ASEldOM 1(T A E:1)
COMMENCING at a 3/4 inch galvanized iron pipe found marking an interior ell corner in the
northerly line of the above referenced tract of land;
THENCE South 02° 19'59"West across a portion of the above referenced tract of land,a distance
of 3,681.8 feet to a point in Terrell Road,being the POINT OF BEGINNING of the centerline of
a twenty(20)feet wide Temporary Access Easement 1,said easement being situated ten(10)feet
either side of the herein described centerline;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
South 75° 13' 26" East,a distance of 72.3 feet to an angle point of the herein described
centerline;
South 600 47' 59" East,a distance of 134.6 feet to an angle point of the herein described
centerline;
South 830 38'02" East,a distance of 188.1 feet to an angle point of the herein described
centerline;
THENCE South 000 50' 19"East,a distance of 1,718,7 feet to a point in the northerly line of the
above described fifty(50)feet wide P.E.,said point being the POINT OF TERMINATION of the
herein described centerline,from which a 1 inch galvanized iron pipe found marking an interior ell
corner in the southerly line of the above referenced tract of land bears South 24° 55' 15"West,a
distance of 430.9 feet,said centerline having a total length of 2,113.7 feet,said Temporary Access
Easement containing 0.97 acre of land,more or less.
115=(201 FEET WI 6RY ACCESS EASEMENT 2( 'A.R 2)
COMMENCING at a l inch galvanized iron pipe found marking an interior ell corner in the
northerly line of the above referenced tract of land;
THENCE North 890 44' 34"East along the northerly line of the above referenced tract of land,a
distance of 668.6 feet to the POINT OF BEGINNING of the centerline of a twenty(20)feet wide
Temporary Access Easement 2,said casement being situated ten(10)feet either side of the herein
described centerline;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
Sheet 9 of 1 I
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.ML-TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
South 620 13'41"West,a distance of 812.1 feet to an angle point of the herein described
centerline;
South 16°36' 39" West,a distance of 42.8 feet to an angle point of the herein described
centerline;
THENCE South 07°56'39"East,a distance of 3,085.5 feet to a point in the northerly line of the
above described fifty(50)feet wide P.E.,said point being the POINT OF TERMINATION of the
herein described centerline, from which a 2 inch galvanized iron pipe found marking the
northeasterly corner of the above referenced tract of land bears North 170 45'41"East,a distance
of 3,653.1 feet, said centerline having a total length of 3,940.4 feet, said Temporary Access
Easement containing 1.81 acres of land,more or less.
TWENTY(20)FE T NVI T b=RARY ACCFA EASENOW 3(T A F 3)
COMMENCING at a 1 inch galvanized iron pipe found marking an interior ell corner in the
northerly line of the above referenced tract of land;
THENCE South 05°44'54"East across a portion of the above referenced tract of land,a distance
of 3,114.2 feet to the intersection with the centerline of the above described T.A.E.2 and the POINT
OF BEGINNING of the centerline of a twenty(20)feet wide Temporary Access Basement 3,said
easement being situated ten(10)feet either side of the herein described centerine;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
South 71°04'43"West,a distance of 53.5 feet to an angle point in the herein described
centerline;
THENCE South 070 31' 05"East,a distance of 349.0 feet to a point in the northerly line of the
above described fifty(50)feet wide P.E.,said point being the POINT OF TERMINATION of the
herein described centerline, from which a 2 inch galvanized iron pipe found marking the
northeasterly corner of the above referenced tract of land bears North 18°39'42"East,a distance
of 3,661.0 feet,said centerline having a total length of 402.5 feet,saidTemporary Access Easement
containing 0.18 acre of land,more or less.
MNTY(20)FEW M TEMAORARY ACCF-q EABEMRNT 4(T A 1?4)
COMMENCING at a 1 inch galvanized iron pipe found marking an interior ell corner in the
northerly line of the above referenced tract of land;
THENCE South 28°58' 11"West across a portion of the above referenced tract of land,a distance
of 3,497.7 feet to a point on the easterly line of 1EDebrandt Bayou, being the POINT OF
BEGINNING of the centerline of a twenty(20)feet wide Temporary Access Easement 4,said
easement being situated ten(10)feet either side of the herein described centerline;
THENCE across a portion of the above referenced tract of)and, the following bearings and
distances:
South 79°23'40"Isast,a distance of 810.5 feet to an angle point in the herein described
centerline;
Sheet 10 of 11
EXHIBIT "A"
TRANSCANADA
UE1 JOB NO.11042.00
TRACT NO.ML.TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
THENCE South 26°01'58"Fast,a distance of 70.0 feet to a point in the northerly line of the above
described fifty(50)feet wide P.E.,said point being the POINT OF TERMINATION of the herein
described centerline,from which a 1 inch galvanized iron pipe found marking an interior ell comer
in the northerly line of the above referenced tract of land bears North 140 50'14"East,a distance
of 3,385.0 feet,said centerline having a total length of 880.5 feet,said Temporary Access Easement
containing 0.40 acre of land,more or less.
For reference and further information see Dwg No. ML-TX-JE-00402.000 REV 3,prepared by
Universal Ensco,Inc.,same date.
If this description and accompanying plat are not sealed with the raised embossing seal of the
R.P.L.S.whose signature appears below,it should be considered as a copy and not the original.
A.S.Geisendorff,Jr. Datie C
Registered Professional Land Surveyor
Texas Registration No.4474
Rev.3
or
Sheet 11 of 11
•
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' NIII�N�NI� �11�11II� AGT 2012009932
17 PGS
Prepared by and return to:
TransCanada Keystone Pipeline, LP
2700 South Post Oak Blvd.,Suite 400
Houston,TX 77056
(Above Space for Recorder's Use Only)
Tract No. ML-TX-JE-00402.000
ML-TX-JE-00402.500
ML-TX-JE-00404.000
EASEMENT AGREEMENT
For and in consideration of the sum of Ten Dollars ($10.00) paid in accordance with this Easement
Agreement (this "Agreement"), the mutual promises of the parties herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged (collectively, the
"Consideration"), City of Beaumont, of the state of Texas, of Jefferson County, Texas, whose mailing
address is 801 Main Street, Suite 210, Beaumont, Texas 77701 (hereinafter called "Grantor") does
hereby grant, sell, convey and warrant unto TransCanada Keystone Pipeline, LP, a limited partnership
having its principal place of business at 717 Texas Street, Houston, Texas 77002, its successors and
assigns (hereinafter called "Grantee"), a perpetual permanent easement for the purposes of surveying,
laying, constructing, inspecting, maintaining, operating, repairing, replacing, altering, reconstructing,
removing and abandoning in place one pipeline, together with all fittings, cathodic protection equipment,
pipeline markers and all other equipment and appurtenances thereto (it being expressly understood,
however, that this Easement shall not give Grantee the right to construct or operate above-ground high
voltage electrical transmission lines), for the transportation of oil, natural gas, hydrocarbon, petroleum
products and all by-products thereof, on, under, across and/or through a strip of land 50 feet in width, as
more particularly described in Exhibit , which is attached hereto and made a part hereof(the"Easement
Area") located on real property situated in the County of Jefferson, State of Texas owned by Grantor and
described as follows:
That certain tract or parcel of land situated in the Christian Hillebrendt Survey, Abstract No. 28,
Jefferson County,Texas, being more particularly described in that certain General Warranty Deed
from Harry Holloway and wife, Christie E. Holloway to City of Beaumont, of the State of Texas,
recorded as Instrument No. 9003030 of the Official Public Records of Jefferson County, Texas;
less and except any conveyances heretofore made.
And
That certain tract or parcel of land situated in the Samuel Stivers League, Abstract No. 51,
Jefferson County, Texas, being more particularly described in that certain Correction Deed from
W.C. Tyrrell Trust, a joint stock association, to City of Beaumont, of the State of Texas, recorded
In Book 278, Page 374 of the Deed Records of Jefferson County, Texas; less and except any
conveyances heretofore-made.
TRUE ANpGQ> j_
t� FFICE
(The "Property"). In addition, during the original construction of the pipeline, the easement granted
hereunder shall also include the area described under the headings "Temporary Work Space" and
"Additional Temporary Work Space" and are more particularly described in Exhibit A hereto (the
"Temporary Work Space").
The aforesaid Easement is granted subject to the following terms, stipulations and conditions which are
hereby covenanted and agreed to by Grantor. By acceptance of any of the benefits hereunder, Grantee
shall be deemed to have agreed to be bound by the covenants applicable to Grantee hereunder.
1. The liabilities and responsibilities of the Grantor and Grantee for claims for damages and losses
relating to the Easement, the Easement Area or Temporary Work Space are described in the paragraphs
below:
A. Grantee will pay all commercially reasonable costs and expenses that result from the
Grantee's, or anyone acting on the Grantee's behalf, use of the Easement Area or Temporary
Work Space, including but not limited to damages caused by petroleum leaks and spills and
damages to Grantor's crops, pastures, drainage systems, produce, water wells, wetland cells,
livestock, bridges, lanes, improvements, equipment, fences, structures or timber, except to the
extent the damages are caused by the negligence, recklessness, or willful misconduct of the
Grantor or anyone acting on the Grantor's behalf.
B. Except as otherwise specified herein, neither Party shall in any circumstances
whatsoever be liable to the other Party(whether in contract, tort, or otherwise) with respect to the
performance or non-performance of this Agreement for any loss of profit, loss of revenue, loss of
use, loss of business, loss of goodwill, loss of product, operating costs, plant downtime, financing
and interest costs, business interruption, or any indirect, special or consequential cost, regulatory
fines, expense, loss or damage, even if the same arises wholly or partly through the negligence of
such Party. All releases, waivers, and limitations between Grantor and Grantee shall also apply
to their respective parents, affiliates, subsidiaries, as well as their directors, officers, and
employees.
C. If Claims or legal actions for damages arises from Grantee's or anyone acting on the
Grantee's behalf, operations under this agreement and/or use of the Easement, Easement Area,
or Temporary Work Space, Grantee will be responsible for those claims or legal actions, and will
defend, indemnify and hold the Grantor harmless in this regard, except to the extent that those
claims or legal actions are determined to have resulted from the negligence, recklessness, or
willful misconduct of the Grantor or anyone acting on the Grantor's behalf.
2. Grantee shall have the right to remove all fences from the Easement Area and the Temporary
Work Space, as required for purposes of construction or repairs of Grantee's pipeline(s) and Grantee
shall repair all such fences promptly upon completion of construction or repairs on Grantor's Property to
substantially the same condition as such fences were in prior to removal by Grantee. Grantee agrees to
erect a temporary barbed wire fence around the Easement and Temporary Work Space, within Grantor's
storm drain area prior to construction to prevent wildlife from crossing onto the Easement Area or
Temporary Work Space during construction activities.
3. Provided its use of the Property does not in any manner interfere with or prevent the exercise by
Grantee of its rights hereunder, or create an actual or potential hazard to the pipeline(s) or its
appurtenances, the undersigned Grantor, its successors, heirs or assigns, reserve all oil, gas and
minerals on and under the Property and the right to farm, graze and otherwise fully use and enjoy the
Property; provided, however, that Grantee shall have the right hereafter to cut, keep clear and remove all
trees, brush, shrubbery, structures and other obstructions or facilities with prior coordination with and
approval by Grantor, such approval not to be unreasonably withheld, conditioned or delayed, without
additional compensation, in the Easement Area being conveyed that are deemed by Grantee to injure,
endanger or interfere in any manner with the proper and efficient construction, use, inspection or
maintenance of said pipeline(s), or fittings, cathodic protection equipment and other appurtenances.
2 TRUE AND CORRECT
* CAGY Of ORIOINAL
FWM t>NN CLEWS 6MCE
4. All notices under this Agreement shall be in writing, addressed to the addresses first set forth
above and be delivered by certified mail, postage prepaid, and return receipt requested, next business
day delivery via a reputable national courier service, regular United States mail, facsimile, e-mail or hand
delivery. A party may change its address for notice by giving notice of such change to the other party.
5. The undersigned hereby bind themselves, and their respective heirs, executors, administrators,
successors and assigns, to this Agreement unto Grantee, its successors and assigns. The Easement
granted hereby shall create a covenant and burden upon the Property and running therewith.
6. It is agreed that this Agreement, together with the Keystone Pipeline Project Landowner/Tenant
Construction Conditions Agreement by and between Grantor and Grantee of even date herewith,
constitutes the entire agreement between the parties and that no other agreements have been made
modifying, adding to or changing the terms of the same. Agreement shall not be abrogated, modified,
rescinded or amended in whole or in part without the consent of Grantor and Grantee, in writing and
executed by each of them, and duly recorded in the appropriate real property records.
7. The rights granted hereby to Grantee may be assigned by Grantee in whole or in part, in
Grantee's sole discretion with prior approval by the Grantor, such approval not to be unreasonably
withheld, conditioned or delayed.
B. The terms, stipulations, and conditions of this Easement are subject to all applicable laws,
regulations, and permit conditions.
9. This Agreement shall be governed by the law of the State in which the Easement Area is situated.
10. This Agreement may be executed in counterparts, each of which shall be considered an original
for all purposes; provided, however, that all such counterparts shall together constitute one and the same
instrument.
11. Grantee shall grade and slope the Easement Area and Temporary Work Space in order to restore
the same as the pre-construction grade to the extent it does not interfere with the maintenance and/or
safe operation of the pipeline. Upon.completion of construction of the pipeline, Grantee shall leave no
noxious materials or other hazards or obstacles on Grantor's land.
12. The Easement and rights conveyed in this instrument are non-exclusive. Grantor may grant other
easements for pipelines running parallel to Grantee's pipeline, provided, any such grant to a third party
shall be made expressly subject to the rights herein granted and shall contain a provision that such third
party's pipeline shall be constructed a sufficient distance from Grantee's pipeline so as not to create an
actual or potential hazard to the pipeline or its appurtenances or interfere with Grantee's rights hereunder
or exercise of same.
13. Following completion of original construction of the pipeline and the date the pipeline is put into
service on the Property, in the event Grantee, its successors or assigns ceases to use or otherwise
maintain the Easement Area or the pipeline for a period in excess of twenty-four(24)consecutive months,
the Easement shall terminate and all right, title and interest in the Easement Area shall revert back to the
Grantor, provided Grantee shall have the right, but not the obligation, to remove its property therefrom
within a reasonable period of time following termination. In the event of a termination pursuant to this
Section, Grantee shall quitclaim all rights and interest in this Easement to Grantor upon receipt of
Grantor's written request of same.
14. Grantee shall have all privileges necessary or convenient for the full use of the rights herein
granted, together with reasonable ingress and egress over and across that part of the Property located
adjacent to the Easement Area and the Temporary Work Space. Notwithstanding the foregoing, Grantee
agrees that it shall provide Grantor no less than 24-hours advance notice prior to accessing any portion of
the Easement Area located within an established wetland cell for any routine or non-emergency purposes
3N
a�a cft-M-o>��
and shall coordinate such access with Grantor. In the event of an emergency, Grantee shall be permitted
access, without advance notice, to the wetland cells as may be reasonably necessary in order to prevent
or mitigate damage to the wetland cells and the surrounding property. Grantee shall provide notice to
Grantor of any such emergency access as soon as is reasonably practicable. Grantee agrees that only
foot traffic shall be permitted on the levee slopes or wetland cells, and vehicular access shall be limited to
graveled and/or paved roads.
IN WITNESS WHEREOF, Grantor has executed this Agreement as of the ZZ^J day of
, 2012..
GRANTOR:
City of Beaumont
By: I L
Name: l� It /tj�c er
Title: ` Tti <�dj-
THE STATE OF TEXAS §
-f §
COUNTY OF Jon §
This instrument was acknowledged before me on this ;-�4da of M4 re,4 , 2012, by
(� ri+V ManC44t.— of 4-v o f 8-e61 u m Ovrf
, a ,c- ar or , on behalf of said
Ap" Agut. LAtm�
Notary Public in and for the State of Tex s
Printed Name: Anjda a�S
------"""""' My Commission Exp res: b -a,&-.2 0/Q
x paf
ANGELA MARIE
t
4 TRUE AND CORRECT
n CO!'Y OF ORMINAL
IN AWFOL
CL NOMCE
EXHIBIT "A"
JEF ERS04 COU�JTY, T�?f S
F!
VOL PAW SAMUEL ST MS LEAGUE, ABSTRACT W_ 51
„CHRI:SMAN HiC MANT LEAGUE, ABSTRACT NO. 28
� Nss: Nor ri1 sr.�
—L PROPERTY LW
—1A
1 - F Doom SAME OWER � POINT��
U glON R00
G:LP. GAWAN M IRAN PFE FW. 3/4'W.P.
101PORAi1Y WpWCSPACE 11.
1ltw;S.T.W:S. WORlfSPACE
PE fawkwusElOw ,,-
tdAF- T�WORAl1Y A.R3S.EA9ESiENT (1•.
mm w 01 6RTl1 pAF��ICAN Sh7FlY OF 1963
g 1iaV@RSA4Pfi1613 .1RROA7�tR �I 0 500 1000,
UTM
CC.F.N. C01111tY't7�1['�.
F . DEED R6( 5ar>Pr TE%/AS . ►J( Sate: 1' 1,400'
c ±R3CL OF.difFERSbIt 4%fiJN1Y;.7EXX5 1
0
e CITY OF BEAUMONT �
jtotbw 6F AM dJ " is Al AES' CiA4�ED AE RES 1
/C L. p2l,
V1D2344 `8 t3..fi:,��.T,
CITY OF BEAUMONT
QkLtM 215&50 ACRES
POW ol
C C F P1. 9tfO'3ti3b
n:WD
PEaN1T 0f - 10 W..
' S12ry2 E;
e "t.1,W. _
KIM
1.im owe IP OF THE Zm= � NFL
4(P1lM '1=A
LINE TABLE
20' MADE T.A.E.-1
o • !r`Ci 1 57613'" I VL3,
T1it ZiIE TRi dF
71.
680 4!SY'E 13k6
` 1NiTED SE+ot9Ff .(,10 YEik 1ANg9 AAE 11T;'SH6NN 3 aa'E 1eb 1 .
WEREIIiN.. '"� 1► ;g. 4 SDO'00'14'E 1.71!.7'
B
SEE SNEE15 to A.3,16 o.1"G dr11 OF 11 MR 6E IIi7NS
IC TINS 9�. AW T s U
*lot ..C. ati oN tf 1SHSa
caws ORY AW NOfi TF$ A6 �j ZO
"
CITY OF BEAUMONT �
r .�1t1 PtAt T;?TA-L DWAN' QS.- 000wl Y
is iw FACTS FOeJNA A'T'1NE Ttl1E aF. O
T+ SURVEY; AAA OF PEf�iAFIENT EASEMENT- 11.39 ACRES V o� W
AREA{ OF- TEMPORARY V10t .SPACE: 5;$10 ACRES qp
OF AREA OF ADDITIONAL. <��
6� TEMPORARY WORKSPACE: 1.72 ACRES 4:0
A S GEISEWWW. T AREA OF 20' WIDE p
REGISTEM PRWESSIONAL LAND SURVEYOR
TEXAS REaSTRA7M NO. 4474 TEMPORARY ACCESS EASEMENT: 3.36 ACRES $
a lonsCanuk °# EASEMENT PLAT 0
PERMANENT EASEMENT
rvC.anl LI:SC0.MC.
4w LOOP M4TRAI mt OROMTM. SPACE 1-.1,000 UPON THE PROPERTY OF r'
MUSM. S 100"m CITY OF BEAUMONT o�
P 71,277 777D
- - - .
io6.Fio. ''i1O42 04 DMB/14 ' `,w r .OF 1:1 No ML tz -�e�aR e t IRE
a
ir—La-R oft 8:51114 CAW DOW40,W..NOT MW NA IAL REVOO& PLOTTED SIB: LEGAL(6.5x14)
EXHIBIT "Alt
LFrENQ JEFFERSON COUNTY, TEXAS
R VOL VOLUME SAMUEL STIVERS LEAGUE, ABSTRACT NO. 51
1 'FND. FOUND CHRISTIAN HILLEBRANT LEAGUE, ABSTRACT N0. 28
LS PROP. PROPOSED
N.T.S. NOT TO SCALE
—!— PROPERTY LINE
CENTERLINE(rt)
. —x— FENCE LINE
G.I.P. GALVANIZED IRON PIPE
T.W.S. TEMPORARY WORKSPACE
A.T.W.S. ADDITIONAL TEMPORARY WORKSPACE
P.E. P86AANE NT EASEMENT
NAD 83 NORTH AMERICAN DATUM OF 1963
GPS GLOBAL POSTOOMING SYSTEM 0 50E3 1000
UTM UNIVERSAL.TRANSVERSE MERCATOR
C.C.F.N. COUNTY CLERK'S FILE NUMBER
ER.J.C.T. DEED RECORDS OF JEFFERSON COUNTY. TEXAS x SCALE: V-1.000
O.P.R.J.C.T. OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS
P.R.J.C.T. PROBATE RECORDS OF JEFFERSON COUNTY,TEXAS
T.A.E TEMPORARY ACCESS EASEMENT N66443*'e.,-666TI'
ET AL AND OTHERS POINT OF COMMENCING':- OF BEGMMANG
20' WIDE T.A.E. 2, 3 & 4 20' WIDE T.A.E. 2
° FND-1'G.LP. Y tiJ.P:
1'
TRACT'Na ML
iTRACT Na wR:-1r-,IE-OD"&DDO F / i
CITY OF BEAUMONT
CALLED 2,183.5b ACRES .�' 1
C:C,f N 90033030 I }
1
HILLEl3RAND, BICYOIi
a
s POINT Of 80WO 0
POINT OF u=
_ INT j G' VOE tkti. 4 T OF BEGgdNBIG
21Y WEE T.•/1.E. 3
Q BAWJNE" 2dta' SMFJST 461}
PE ,
�. 2Ao 6' Tf]tlitgWATtt
�RImlMtum>0r SEE [)ElAti "t;" 'JE TERMNATION POMIT of
St+EET 1 ar tit 5NF 4 4,OF Tt 1:46E'4 20• MADE T.A.E. TERMINATION
�\\ TE7iMWAT10N
OF
20' WIDE T.A.E. 3 t la THE ESTATE OF&E OAK a ET AL
CAUSE ND. 13690
11WJ PAJ.C.T.
DESCRIBED AS
UNE TABLE UNE TABLE CALLED 84.18 ACRES
0' MADE T.A.E. 2 NY 3 20' WIDE T.A.E 4 VOL. 417,M 558
° f BEARNG DISTANCE 0 - BEA" JDISTAMMI D.R.J.C.T.
1 564'13'41'W mix. E. 576?340E 84oS,
8 2 S161-VI" 44.6'. 4 528'Ol'S8'E 70.01'- -
3 so 36'36'E 3,0655'
4 S71101'43'W 515'.
5 S07'31'05'E 349.0'
Iw �Wf
VO
SEE SHEET 1 OF 11
FOR DISTANCE AND AREA CALCULATIONS o,
EASEMENT PLAT
�� cINaNACE: PERMANENT EASEMENT
4W LOOP COWMAL at ONGINATM scAie 11'-06W 6W UPON THE PROPERTY OF
surm 100 CITY OF BEAUMONT
HOUSTON.1x noel U*MSAL 770 6NecNN,..stc, .. pSCIPLNE
PK 713-977-7
.JmB'K 1044;m :WIB�IB - ` :Aw . dr:11 DMG I ft
1" M.-TX-IE-WtC2MO 3
TC_I:DJBHD.OWG&W14 CARD DRAWING: DO NOT MAKE MANUAL REVISIONS PLOTTED SIZE LEGAL(8.5x14)
:e
a
1
AVM
1�
•a �
ri
1 �
a
WE —%W% �'}�►},�N��}jai►}����}}� ,.
�
►
� � '���
- `—_
EASEMENT
RM
_ LAT
PERMANENT EASEMENT
UPON THE PROPERTY OF
CITY OF BEAUMONT
EXHIBIT "A"
JEFFERSON COUNTY, TEXAS
e SAMUEL STIVERS LEAGUE, ABSTRACT N0. 51
CHRISTIAN HILLEBRANT LEAGUE, ABSTRACT N0. 28
� N
20' WfOE Tq 4
4�9g. a 1
NRS
/,.. &ASS ,
3 , 2.277
W
M.
d
1
DETAIL »0» . .
N.T.S.
POINT OF
TERMINATION
T.A.E. 3 r 20' 4NDE T.A.E. 3
Y A 20' WIDE T.A.E. 2
„ POINT OF
1ERIItlNAl10N
>I,
1,1152,- ` 7 3•
1U1
O
1p
DETAIL "D" 9
N.T.S. V
M4 EASEMENT PLAT =
vmnocwwKla
`� a•r+• cxwtAlr.� PERMANENT EASEMENT
4.a UW CDM,LL"a; 0mGmTm UPON THE PROPERTY OF
s'"1E 1O0 CITY OF BEAUMONT
Nousm Tx"om tiNINUMSAL Dom M1.,
PK 713-977-7M
OB NO. 1304200 .F�/0 - - �ASC: SNIT'4 OF 11 -N°: ML-TX-1E-00402.000 ;..
TC_LG_ W.DWG&5X14 CADO DRAWING:00 NOT WAKE MANUAL REVISIONS PLOTTED SIM' LEGAL (&5x14)
EXHIBIT "A"
TRANSCANADA
UEI JOB NO.11042.00
TRACT NO.ML-TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
DESCRIPTION OF A FIFTY(50)FEET WIDE
PERMANENT EASEMENT
UPON THE PROPERTY OF
THE CITY OF BEAUMONT
DESCRIPTION OF A FIFTY(50)FEET WIDE PERMANENT EASEMENT IN THE SAMUEL
SILVERS LEAGUE,ABSTRACT NO. 51 AND THE CHRISTIAN HLLEBRANT LEAGUE,
ABSTRACT NO.28,JEFFERSON COUNTY,TEXAS AND BEING UPON,OVER,THROUGH
AND ACROSS A PORTION OF THAT CERTAIN CALLED 500 ACRES TRACT OF LAND AS
DESCRIBED IN AND CONVEYED TO THE CITY OF BEAUMONT BY INSTRUMENT
RECORDED IN VOLUME 278, PAGE 374 OF THE DEED RECORDS OF JEFFERSON
COUNTY,TEXAS(D.R.J.C.T.)AND THAT CERTAIN CALLED 2,183.50 ACRES TRACT OF
LAND AS DESCRIBED IN AND CONVEYED TO THE CITY OF BEAUMONT BY
INSTRUMENT RECORDED UNDER COUNTY CLERK'S FILE NUMBER(C.C.F.N.)9003030
OF THE OFFICIALPUBLICRECORDS OF JEFFERSON COUNTY,TEXAS(O.P.R.J.C.T.)AND
REFERRED TO HEREINAFTER AS"THE ABOVE REFERENCED TRACT OF LAND",SAID
FIFTY(50)FEET WIDE PERMANENT EASEMENT BEING SITUATED TWENTY FIVE(25)
FEET EITHER SIDE OF THE HEREIN DESCRIBED BASELINE,THE SIDEL MS OF SAID
PERMANENT EASEMENT BEING LENGTHENED OR SHORTENED TO INTERSECT'THE
BOUNDARIES OF THE ABOVE REFERENCED TRACT OF LAND,SAID BASELINE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: WITH ALL BEARINGS AND
DISTANCES HEREIN BEING GRID, BASED UPON THE UNIVERSAL TRANSVERSE
MERCATOR (UTIv1) COORDINATE SYSTEM, ZONE 15 NORTH, NORTH AMERICAN
DATUM OF 1983 (NAD83), U.S. SURVEY FEET, AS DERIVED FROM A GLOBAL
POSITIONING SYSTEM (GPS) SURVEY PERFORMED BY UNIVERSAL ENSCO, INC.
MARCH 2008;
COMMENCING at a 1/2 inch iron rod found marking the easterly corner of that certain residue of
a called 853.48 acres tract of land,First Tract,described in and conveyed to Tytex Properties,LTD.
by instrument recorded in Volume 2358,Page 8 of the D.R.J.C.T.and being on the westerly side of
Tyrell Park Drive;
THENCE South 01*53' 37"East,a distance of 166.0 feet to a point in the westerly line of the
above referenced tract of land and the POINT OF BEGINNING of the herein described baseline;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
South 720 18' 12"East,a distance of 180.4 feet to an angle point in the herein described
baseline;
North 57°42' 43"East,a distance of 246.2 feet to an angle point in the herein described
baseline;
South 79°32'33"East,a distance of 2,190.7 feet to an angle point in the herein described
baseline;
South 72°25' 16"East,a distance of 207.4 feet to an angle point in the herein described
baseline;
` Sheet 5 of 11 0 Titula�Jl
bOUNTY CLERIC'S O CE
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.ML-TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
South 79° 30' 45" East, a distance of 3,875.6 feet to a point in the westerly line of
Hillebrandt Bayou and being the POINT OF EXIT of the herein described baseline;
South 73°30'45"East,a distance of 250.5 feet over and across said Hillebrandt Bayou to
a point in the easterly line of said Hillebrandt Bayou and being the POINT OF RE-ENTRY
of the herein described baseline;
South 730 30'45"East,a distance of 952.9 feet to an angle point of the herein described
baseline;
South 86°50' 58"East,a distance of 201.1 feet to an angle point in the herein described
baseline;
THENCE South 79°36'35"East,a distance of 2,073.1 feet to a point in the westerly line of that
certain called 84.18 acres tract of land,conveyed to The Estate of B.E.Quinn,Jr.,et al under Cause
Number 13690 of the Probate Records of Jefferson County,Texas and described by instrument
recorded in Volume 417, Page 556 of the D.R.J.C.T.,same being the easterly line of the above
referenced tract of land,said point being the POINT OF TERMINATION of the herein described
baseline,from which a 2 inch galvanized iron pipe found marking the southerly most northeasterly
comer of the above referenced tract of land bears North 000 29'01"West,a distance of 3,714.6 feet,
said baseline having a total length of 9,927.4 feet,said Permanent Easement containing 11.39 acres
of land,more or less.
TEMPORARY WORK SPACE 1(T(IM S,1)
Being a ten(10)feet wide strip of land,parallel with and adjoining the northerly side of the above
described fifty (50).feet wide Permanent Easement (P.E.), extending 3,090 feet in an easterly
direction as measured along said northerly side of said P.E.from the intersection with an existing
fence line along the easterly side of Tyrell Park Drive to a line 10 feet westerly of and parallel with
an existing westerly top of bank,extending or shortening the side lines of the herein described
T.W.S.1 to intersect with said existing fence line and said 10 feet offset line of said top of bank and
containing 0.71 acre of land,more or less.
TEMPORARY WORK SPACE 2(T.W.S.2)
Being a twenty five(25)feet wide strip of land,parallel with and adjoining the southerly side of the
above described fifty(50)feet wide Permanent Easement(P.E.),extending 3,101 feet in an easterly
direction as measured along said southerly side of said P.E.from the intersection with an existing
fence line along the easterly side of Tyrell Park Drive to a line 10 feet westerly of and parallel with
an existing westerly top of bank,extending or shortening the side lines of the herein described
T.W.S.2 to intersect with said existing fence line and said 10 feet offset line of said top of bank and
containing 1.78 acres of land,more or less.
IrRUR Sheet 6 of 11 OF MA
FILL IN JEFFERSON
COUNTY CLERICS OFFICE
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.Ml TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
TEMPORARY WORK SPACE 3(T.W.S.3)
Being a ten(10)feet wide strip of land,parallel with and adjoining the northerly side of the above
described Permanent Easement(P.E.),situated 7,688 feet in a easterly direction as measured along
said northerly side of said P.E.from the intersection with an existing fence line on the easterly side
of Tyrell Park Drive,extending 2,456 feet in a easterly direction as measured along said northerly
side of said P.E.to the easterly line of the above referenced tract of land,extending or shortening the
sidelines of the herein described T.W.S.3 to intersect with said existing fence line and said easterly
line of the above referenced tract of land and containing 0.56 acre of land,more or less.
TEMPORARY WORKSPACE 4(T.W.S.4)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southerly side of the above
described Permanent Easement(P.E.),situated 7,688 feet in a easterly direction as measured along
said southerly side of said PX from the intersection with an existing fence line on the easterly side
of Tyrell Park Drive,extending 2,466 feet in a easterly direction as measured along said southerly
side of said P.E.to the easterly line of the above referenced tract of land,extending or shortening the
side lines of the herein described T.W.S.4 to intersect with said existing fence line and said easterly
line of the above referenced tract of land and containing 2.84 acres of land,more or less.
ADDITIONAL TEMPORARY WORK SPACE 1(A.T.WS,1)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southerly side of the above
described twenty five(25)feet wide Temporary Work Space 2(T.W.S.2),extending 125 feet in a
southeasterly direction as measured along said southerly side of said T.W.S.2 from a line 17 feet
southeasterly of and parallel with the westerly line of above referenced tract of land,containing
0.14 acre of land,more or less..The easterly and westerly sides of the herein described A.T.W.S. 1
being parallel with said 17 feet offset line.
ADDITIONAL TEMPORARY WORK SPACE 2(&T.WS.2)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southeasterly side of the
above described twenty five(25)feet wide Temporary Work Space 2(T.W.S.2),situated 169 feet
in a southeasterly direction as measured along said southerly side of said T.W.S. 2 from the
intersection with an existing fence line on the easterly side of Tyrell Park Drive,extending 125 feet
in a northeasterly direction as measured along said southeasterly side of said T.W.S.2 to a line 18
feet southwesterly of and parallel with an existing EnergyTransfer pipeline and containing 0.14 acre
of land,more or less.The northeasterly and southwesterly sides of the herein described A.T.W.S.
2 being parallel with said existing Energy Transfer pipeline.
TRUE Cog-Jul C-T
Sheet 7 of 11 6UtM C1MWg N:�
0MCE
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.ML-TX-JE-00402.000,00402.500,W404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
AppITIONAi TEMPORARY ARY WORK SPACE 3(A.T W.S 3)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the northwesterly side of the
above described ten(10)feet wide Temporary Work Space 1 (T.W,S. 1),extending 122 feet in a
northeasterly direction as measured along said northwesterly side of said T.W.S.1 from a line 30 feet
northeasterly of and parallel with an existing foreign pipeline situated 262 feet in a southeasterly and
northeasterly direction as measured along the northeasterly and northwesterly side of said T.W.S.
1 from the intersection with an existing fence line on the easterly side of Tyrell Park Drive and
containing 0.13 acre of land,more or less.The southwesterly side of the herein described A.T.W.S.
3 being parallel with said existing foreign pipeline and the northeasterly side bears North 80°39'41"
West.
ADDITIONAL T hCp0RARY WORK SPACE 4(A.T.W.S 4)
Being a one hundred fifty(150)feet wide strip of land,parallel with and adjoining the southerly side
of the above described twenty five(25)feet wide Temporary Work Space 2(T.W.S.2), situated
2,858 feet in a easterly direction as measured along said southerly and southeasterly side of said
T.W.S.2 from the intersection with an existing fence line on the easterly side of Tyrell Park Drive,
extending 250 feet in a southeasterly direction as measured along said southerly side of said T.W.S.
2 to a line 10 feet westerly of and parallel with an existing westerly top of bank and containing 0.86
acre of land,more orless.The easterly and westerly sides of the herein described A.T.W.S.4 being
parallel with said existing westerly top of bank.
ADDTTIONAL TEMPORARY WORK SPACE 5(A.T W.S 5)
Being a seventy five(75)feet wide strip of land,parallel with and adjoining the southerly side of the
above described fifty(50)feet wide Temporary Work Space 4(T.W.S.4),situated 7,690 feet in a
easterly direction as measured along said southerly and southeasterly side of said T.W.S.2 and the
easterly projection line of said T.W.S.2 from the intersection with an existing fence line on the
easterly side of Tyrell Park Drive,extending 100 feet in a easterly direction as measured along said
southerly side of said T.W.S.4 and containing 0.17 acre of land,more or less.The easterly and
westerly sides of the herein described A.T.W.S.5 being perpendicular to said southerly side of said
T.W.S.4.
ADDITIONAL TEMPORARY WORK SPACE 6(A.T.W,S.6)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southerly side of the above
described fifty(50)feet wide Temporary Work Space 4(T.W.S.4),situated 8,842 feet in a easterly
direction as measured along said southerly and southeasterly side of said T.W.S.2,the easterly
projection line of said T.W.S.2 and the southerly side of said T.W.S.4 from the intersection with
an existing fence line on the easterly side of Tyrell Park Drive,extending 125 feet in a easterly
direction as measured along said southerly side of said T.W.S.4 to a line 10 feet westerly of and
parallel with an existing westerly top of bank and containing 0.14 acre of land,more or less.The
easterly and westerly sides of the herein described A.T.W.S.6 being parallel with said existing
westerly top of bank.
OF
Sheet 8 of 11 COUNTY CLMtK'S OFFICE
EXHIBIT "A"
TRANSCANADA
UE1 JOB NO. 11042.00
TRACT NO.ML-TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
ADDITIONAL TEMPORARY WORK SPACE 7(A.T W S 7)
Being a fifty(50)feet wide strip of land,parallel with and adjoining the southerly side of the above
described fifty(50)feet wide Temporary Work Space 4(T.W.S.4),situated 972 feet in a westerly
direction as measured along said southerly side of said T.W.S.4 from the intersection with the
easterly line of the above referenced tract of land,extending 125 feet in a westerly direction as
measured along said southerly side of said T.W.S.4 to a line 10 feet easterly of and parallel with an
existing easterly top of bank and containing 0.14 acre of land,more or less.The easterly and westerly
sides of the herein described A.T.W.S.7 being parallel with said existing easterly top of bank.
TWENTY(MPM:WIIDE'TEMPORARY ACCESS EASEMENT I(T.A E.1).
COMMENCING at a 3J4 inch galvanized iron pipe found marking an interior ell comer in the
northerly line of the above referenced tract of land;
THENCE South 02°19'59"West across a portion of the above referenced tract of land,a distance
'of 3,681.8 feet to a point in Terrell Road,being the POINT OF BEGINNING of the centerline of
a twenty(20)feet wide Temporary Access Easement 1,said easement being situated ten(10)feet
either side of the herein described centerline;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
South 75° 13' 26"East, a distance of 72.3 feet to an angle point of the herein described
centerline;
South 60°47' 59"East,a distance of 134.6 feet to an angle point of the herein described
centerline;
South 83°38' 02"East,a distance of 188.1 feet to an angle point of the herein described
centerline;
THENCE South 000 50' 19"East,a distance of 1,718.7 feet to a point in the northerly line of the
above described fifty(50)feet wide P.E.,said point being the POINT OF TERMINATION of the
herein described centerline,from which a 1 inch galvanized iron pipe found marking an interior ell
corner in the southerly line of the above referenced tract of land bears South 240 55' 15"West,a
distance of 430.9 feet,said centerline having a total length of 2,113.7 feet,said Temporary Access
Easement containing 0.97 acre of land,more or less.
TWENTY(20)FM WME TEMPORARY AC(TM EASEMEN'T2
COMMENCING at a 1 inch galvanized iron pipe found marking an interior ell comer in the
northerly line of the above referenced tract of land;
THENCE North 89°44' 34 East along the northerly line of the above referenced tract of land,a
distance of 668.6 feet to the POINT OF BEGINNING of the centerline of a twenty(20)feet wide
Temporary Access Easement 2,said easement being situated ten(10)feet either side of the herein
described centerline;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
n ?RUB 07 AND 111x1 N
Sheet 9 of 11 t)MCE
EXHIBIT "A"
TRANSCANADA
UEI JOB NO. 11042.00
TRACT NO.ML-TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
South 620 13'41"West,a distance of 812.1 feet to an angle point of the herein described
centerline;
South 16°36' 39"West,a distance of 42.8 feet to an angle point of the herein described
centerline;
THENCE South 070 56'39"East,a distance of 3,085.5 feet to a point in the northerly line of the
above described fifty(50)feet wide P.E.,said point being the POINT OF TERMINATION of the
herein described centerline, from which a 2 inch galvanized iron pipe found marking the
northeasterly comer of the above referenced tract of land bears North 170 45'41"East,a distance
of 3,653.1 feet, said centerline having a total length of 3,940.4 feet, said Temporary Access
Easement containing 1.81 acres of land,more or less.
TWENTY(20)FEET MM TE11`K) ARY Af'1'�!'e^�Fa er,M=3(TAX 3)
COMMENCING at a 1 inch galvanized iron pipe found marking an interior ell comer in the
northerly line of the above referenced tract of land;
THENCE South 05°44'54"East across a portion of the above referenced tract of land,a distance
of 3,114.2 feet to the intersection with the centerline of the above described T.A.E.2 and the POINT
OF BEGINNING of the centerline of a twenty(20)feet wide Temporary Access Easement 3,said
easement being situated ten(10)feet either side of the herein described centerline;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
South 71°04'43"West,a distance of 53.5 feet to an angle point in the herein described
centerline;
THENCE South 070 31' 05"East,a distance of 349.0 feet to a point in the northerly line of the
above described fifty(50)feet wide P.E.,said point being the POINT OF TERMINATION of the
herein described centerline, from which a 2 inch galvanized iron pipe found marking the
northeasterly corner of the above referenced tract of land bears North 18°39'42"East,a distance
of 3,66 1 A feet,said centerline having a total length of 402.5 feet,said Temporary Access Easement
containing 0.18 acre of land,more or less.
TWENTY(20)FEET W=TEMPOR"N ACCESS EASEMENT 4.(T'.A.E.4)
COMMENCING at a 1 inch galvanized iron pipe found marking an interior ell corner in the
northerly line of the above referenced tract of land;
THENCE South 28°58' 11"West across a portion of the above referenced tract of land,a distance
of 3,497.7 feet to a point on the easterly line of Hillebrandt Bayou, being the POINT OF
BEGINNING of the centerline of a twenty(20)feet wide Temporary Access Easement 4,said
easement being situated ten(10)feet either side of the herein described centerline;
THENCE across a portion of the above referenced tract of land, the following bearings and
distances:
South 79°23' 40"East,a distance of 810.5 feet to an angle point in the herein described
centerline; TRUE n M IN N
Sheet 10 of 11 COUNTY g pgplCg
EXHIBIT "A"
TRANSCANADA
UE1 JOB NO. 11042.00
TRACT NO.ML TX-JE-00402.000,00402.500,00404.000
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
THENCE South 26°01'58"East,a distance of 70.0 feet to a point in the northerly line of the above
described fifty(50)feet wide P.E.,said point being the POINT OF TERMINATION of the herein
described centerline,from which a 1 inch galvanized iron pipe found marking an interior ell corner
in the northerly line of the above referenced tract of land bears North 14°50' 14"East,a distance
of 3,385.0 feet,said centerline having a total length of 880.5 feet,said Temporary Access Easement
containing 0.40 acre of land,more or less.
For reference and further information see Dwg No.ML-TX-JE-00402.000 REV 3, prepared by
Universal Ensco,Inc.,same date.
If this description and accompanying plat are not sealed with the raised embossing seal of the
R.P.L.S.whose signature appears below,it should be considered as a copy and not the original.
A.S.Geisendorff,Jr. Dace 4
Registered Professional Land Surveyor
Texas Registration No.4474
Rev.3
TRUE�AND CORRECT
INAWN
Sheet 11 of 11 COUNTY CLBiR1C'3 OFFICE
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