HomeMy WebLinkAboutRES 13-039RESOLUTION NO. 13 -039
WHEREAS, Chemtrade Refinery Services, Inc. has agreed to convey one fifteen
(15) foot wide drainage easement, said easement being a 0.2829 acre tract out of the J.W.
Bullock League, Abstract No. 7 and one thirty -five (35) foot wide temporary construction
easement, said easement being a 0.6313 acre tract out of the J.W. Bullock League,
Abstract No. 7, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to
the City of Beaumont for the purpose of allowing the construction of a storm sewer outfall
pipe for the South Park Drainage Project; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the easements conveyed by Chemtrade Refinery Services, Inc., as described
in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted
for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
1 00
• -
STATE OF DELAWARE X
COUNTY OF X
KNOW ALL MEN BY THESE PRESENTS:
DRAINAGE EASEMENT
THAT, CHEMTRADE REFINERY SERVICES INC., State of Delaware, hereinafter
called "GRANTORS ", for and in consideration of the sum of ONE AND NO /100 DOLLAR
($1.00), and other good and valuable consideration to us in hand paid by the CITY OF
BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called
"GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, have
GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY
unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County,
Texas, its successors and assigns, drainage easements and the right to alter, and maintain
drainage improvements and appurtenances on the hereinafter described lands which said
easements are under, over, in and across that certain tracts or parcels of land owned by
GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly
described in Exhibit "A" attached and made a part hereof for all purposes the ( "Easement
Lands ").
The easement herein granted shall be used for the purpose of operating, repairing,
rebuilding, replacing, relocating within the Easement Lands, and removing drainage structures,
canals, ditches and appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the Easement Lands use of the same for the purposes aforesaid, and
EXHIBIT "A"
giving said City the right and privilege to improve, maintain and operate the same as permitted
by law, subject at all times to the following conditions:
(a) Grantee shall observe all applicable laws and to the extent provided or
made known to Grantee, all policies, procedures, protocols and instructions of
Grantor respecting safety, the environment and Grantor's operations while
performing any work and while on Grantor's lands;
(b) Grantee shall perform exercise its rights hereunder in such a manner as to
eliminate or minimize interference with the operations of Grantor's plant;
(c) Should the exercise of its rights require Grantor to affect Grantor's plant
operations, Grantee shall provide Grantor with as much prior notice as is
practicable in the circumstances. Such notice shall be provided in writing to the
attention of Grantor's Plant Manager at least seven business days prior to any
work and if it is impossible to provide written notice, verbal notice to the Plant
Manager shall be required and if it is impossible to provide two business days
prior notice, as much notice as practicable in the circumstances shall be provided;
(d) Grantee shall be fully responsible for moving any equipment or other
items located on the Easement Lands necessary to perfonn its work from the
Easement Lands to a location or locations designated by Grantor;
(e) To the extent Grantee's exercise of its rights interferes with Grantor's
security fence or the security fence of Grantor's neighbour, Grantee shall be
responsible to coordinate with such neighbour in order to keep both neighbour's
and Grantor's property secure at all times in accordance with all applicable laws,
regulations and requirements of any government or quasi - governmental authority
having appropriate jurisdiction. Such security may include keeping a locked,
manned and/or electronic fence; and
(f) To the fullest extent permitted by law and Constitution of the State of
Texas, Grantee releases Grantor from any and all liabilities and claims of any
nature arising from or in any way related to any exercise of Grantee's rights
hereunder or Grantee's or Grantee's agents' presence on Grantor's lands.
(g) Grantee shall provide evidence satisfactory of its self- insurance and
Grantee shall ensure that any contractors going on Grantor's lands have the
following insurance:
(1) Commercial General Liability Insurance with limits of not less
than $1,000,000 on an Occurrence Basis, naming Grantor as an Additional
Insured.
(2) Automobile Liability Insurance with limits of not less than
$1,000,000 ether through Primary or Excess /Umbrella coverage.
(3) Statutory Workers Compensation Insurance with Employers
Liability with limits of not less than $500,000.
(4) Evidence of Insurance to be provided with an obligation from
insurers to provide 30 days advance notice of cancellation to Grantor.
TO HAVE AND TO HOLD the above described easements and right -of -way unto the
said CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of
GRANTOR: CHEMTRADE REFINERY SERVICES INC.
Printed Name:
Title:
, 2013.
ACKNOWLEDGMENT
STATE OF DELAWARE X
COUNTY OF N/A X
This instrument was acknowledged before me on , 2013, by
(title) of CHEMTRADE REFINERY
SERVICES INC., known to nie to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act of such
corporation for the purposes and consideration therein expressed and in the capacity therein
stated.
Notary Public, State of Delaware
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
STATE OF DELAWARE X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF
R.
TEMPORARY CONSTRUCTION EASEMENT
That, CHEMTRADE REFINERY SERVICES INC, State of Delaware,
hereinafter called "GRANTOR ", whether one or more, for and in consideration of the
sum of ONE AND NO /100 ($1.00) DOLLAR, and other good and valuable
consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and
sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY
OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas,
its successors and assigns, a temporary construction easement being thirty -five feet (35')
wide centered over the central point of the drainage easement and the right to construct,
alter, and maintain improvements on the hereinafter described lands which said easement
is under, over, in and across lands which the undersigned owns or in which the
undersigned has an interest, situated in the County of Jefferson, State of Texas,
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
The temporary construction easement shall be considered null and void upon the
earlier to occur of. (i) the successful completion of construction of the drainage easement;
and (ii) June 30, 2013.
The casement herein granted shall be used for the purpose of placing,
constructing, operating, repairing, rebuilding, replacing, relocating and removing stonn
sewer and appurtenances, (the "Work ") subject at all times to the following conditions:
(a) Grantee shall observe all applicable laws and, to the extent
provided or made know to Grantee, all policies, procedures, protocols and
instructions of Grantor respecting safety, the environment and Grantor's
operations while performing the Work and while on Grantor's lands;
(b) Grantee shall perform the Work and exercise its rights hereunder in
such a manner as to eliminate or minimize interference with the operations
of Grantor's plant;
(c) Should the perfonnance of the Work require Grantor to affect
Grantor's plant operations, Grantee shall provide Grantor with as much
prior notice as is practicable in the circumstances. Such notice shall be
provided in writing to the attention of Grantor's Plant Manager at least
seven business days prior to any Work and if it is impossible to provide
written notice, verbal notice to the Plant Manager shall be required and if
it is impossible to provide two business days prior notice, as much notice
as practicable in the circumstances shall be provided;
(d) Grantee shall be fully responsible for proving all equipment
(including temporary offices, trailers, spare parts, etc.) and other items
located on the land necessary to perform the Work from the area over the
temporary easement to a location or locations designated by Grantor;
(e) To the extent the Work interferes with Grantor's security fence or
the security fence of Grantor's neighbour, Grantee shall be responsible to
coordinate with such neighbour in order to keep both neighbour's and
Grantor's property secure at all times in accordance with all applicable
laws, regulations and requirements of any government or quasi -
governmental authority having appropriate jurisdiction. Such security
may include keeping a locked, manned and /or electronic fence; and
(f) To the fullest extent permitted by law and Constitution of the State
of Texas, Grantee releases Grantor from any and all liabilities and claims
of any nature arising from or in any way related to any exercise of
Grantee's rights hereunder or Grantee's or Grantee's agents' presence on
Grantor's lands.
(g) Grantee shall provide evidence satisfactory of its self - insurance
and Grantee shall ensure that any contractors going on Grantor's lands
have the following. insurance:
(1) Commercial General Liability Insurance with limits of not
less than $1,000,000 on an Occurrence Basis, naming Grantor as an
Additional Insured.
(2) Automobile Liability Insurance with limits of not less than
$1,000,000 ether through Primary or Excess /Umbrella coverage.
(3) Statutory Workers Compensation Insurance with
Employers Liability with limits of not less than $500,000.
(4) Evidence of Insurance to be provided with an obligation
from insurers to provide 30 days advance notice of cancellation to
Grantor.
The following rights are also hereby conveyed:
It is expressly understood and agreed that the Grantee shall have the right of
ingress to and egress from the tract of land hereinbefore described in Exhibit "A" for the
purposes and during the temporary period as aforesaid.
After installation of the utilities, Grantee shall restore the surface of the land to
what is in Grantor's opinion acting reasonably, substantially the same condition as it was
prior to the commencement of such installation.
TO HAVE AND TO HOLD the above described easement unto the said CITY
OF BEAUMONT, its successors and assigns.
EXECUTED this
day of , 2013.
COMPANY NAME: CHEMTRADE REFINERY SERVICES INC.
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF DELAWARE X
COUNTY OF X
BEFORE ME, the undersigned authority, on this day personally
(title) of CHEMTRADE REFINERY
SERVICES INC., known to vie to be the person and officer whose naive is subscribed to
the foregoing instrument, and acknowledged to me that the same was the act of the said
CHEMTRADE REFINERY SERVICE, INC. and that he executed the same for the
purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
.2013.
Notary Public, State of Delaware
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
TRACT
15 Feet Wide Drainage Easement
Legal Description: 0.2829 Acre Drainage Easement
J.W. Bullock League, Abstract No. 7
Jefferson County, Texas
BEING a 15 feet wide drainage easement containing 0.2829 acres situated in the J. W. Bullock
League, Abstract No. 7, Jefferson County, 'Texas, and being out of and part of that certain called
23.144 acre tract of land as described in a "Correction] Special Warranty Deed" from Arch
Chemicals, Inc. to Peak Sulfur, Inc. as recorded in Clerk's File No. 2003036794, Official Public
Records of Real Property, Jefferson County, Texas, said 0.2829 acre easement being more
particularly described as follows:
N07"L: All hearings are referenced to the Texas State Plane Coordinate ,' jlsfem
South Central Zone NAD83(CORS96).
COMMENCING at a concrete monument with a 3" brass disc marked "Kohler" found for the
most Northeasterly corner of the said 23.144 acre Peak Sulfur, Inc. tract and being in the West
right-of-way line of the Union Pacific Railroad right-of-way (based on a width of 80 feet);
THENCE SOUTH 87 °11'27" WEST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of that certain called 4.40 acre tract of land as described in a
deed from Olin Corporation to Mobil Oil Corporation as recorded in Volume 2206, Page 342,
Deed Records, Jefferson County, Texas, for a distance of 206.34 feet to the most Northeasterly
corner and the POINT OF BEGINNING of the easement herein described, said corner also
being in the Westerly line of that certain called 0.665 acre (35 feet wide) drainage easement as
described in a "Right -of- -Way Agreement" from Olin Mathieson Chemical Corporation to the
City of Beaumont as recorded in Volume 1487, Page 478, Deed Records, Jefferson County,
Texas;
THENCE SOUTH 209623" WEST, along and with the Westerly line of the said 0.665 acre
City of Beaumont drainage easement, for a distance of 16.35 feet to a point for corner;
THENCE SOUTH 87 011'27" WEST, parallel and 15 feet perpendicular to the North line of the
said 23.144 acre Peak Sulfur, Inc. tract, for a distance of 810.81 feet to a point for corner, said
corner being in the West Iine of the said 23.144 acre Peak Sulfur, Inc. tract and in the East line of
the Kansas City Southern Railroad right -of -way (based on a width of 100 feet);
THENCE NOR.T 147 °46'35" WEST, along and with the Fast right-of-way fine of the said
Kansas City Southern Railroad and the West Brie of the said 23.144 acre Peak Sulfur, Inc. tract,
for a distance of 21.20 feet to a point ibr corner, said corner being the Northwesterly corner of
the said 23.144 acre Peak Sulfur, Inc. tract and the Southwesterly corner of the said 4.40 acre
Mobil Oil Corporation tract;
E*X1a1131T "A"
_ Page 1 of 3
rs le:! lir W7 ITF1 INC.
THENCE NORTH 87 011'27" EAST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of the said 4.40 acre Mobil Oil Corporation tract, for a
distance of 832.29 feet to the POINT OF BEGINNING and containing 0.2829 Acres, more or
less.
TRACT 11
35 Feet Wide Temporary Construction Easement
Legal Description: 0.6313 Acre Temporary Construction Easement
J.W. Bullock League, Abstract No. 7
Jefferson County, Texas
BEING a 35 feet wide temporary construction easement containing; 0.6313 acres situated in the
J. W. Bullock League, Abstract No. 7, Jefferson County, Texas, and being out of and part of that
certain called 23.144 acre tract of land as described in a "Correction Special Warranty Deed"
from Arch Chemicals, Inc. to Peak Sulfur, Inc. as recorded in Clerk's File No. 2003036794,
Official Public Records of Real Property, Jefferson County, Texas, said 0.6313 acre easement
being more particularly described as follows:
NOTE: rlll bearings are referenced to the Texas Stafe Plane Coordinate Systen7
South Central Zone NAD83(COR,590).
COMMENCING at a concrete monument with a 3" brass disc marked "Koliler" found for the
most Northeasterly corner of the said 23.144 acre Peak Sulfur, Inc. tract and being; in the West
right -of -way line of the Union Pacific Railroad right -of -way (based on a width of 80 feet);
THENCE SOUT I 187 °11'27" WEST, along and with the North line of the said 23.144 acre Peal:
Sulfur, Inc. tract and the South line of that certain called 4.40 acre tract of land as described in a
deed from Olin Corporation to Mobil Oil Corporation as recorded in Volume 2206, Page 342,
Deed Records, Jefferson County, Texas, for a distance of 206.34 feet to a point for coiner, said
corner being the Northeasterly corner of a 15 feet wide drainage easement and said corner also
being in the Westerly line of that certain called 0.665 acre (35 feet wide) drainage easement as
described in a "Right-of-Way Agreement" from Olin Mathieson Chemical Corporation to the
City of Beaumont as recorded in Volume 1487, Page 478, Deed Records, Jefferson County,
Texas;
THENCE SOUTH 20 036'23" WEST, along; and with the Westerly line of the said 0.665 acre
City of Beaumont drainage easement and the Easterly line of the said 15 feet wide drainage
casement, for a distance of 16.35 feet to the most Northeasterly corner and the POINT OF
BEGINNING of the easement herein described;
THENCE SOUTH 20 °36'23" WEST, continuing along and with the Westerly line of the said
0.665 acre City of Beaumont drainage casement, for a distance of 38.14 feet to a point for corner;
1.XHIBIT " A"
:4r.!R1: !!•: !!7r! % %!.l•:1'.1,'sr) �!S,ti• {}ty.t7Z:S;l,'rY::
THENCE SOUTH 87 011'27" WEST, parallel and 50 feet perpendicular to the North line of the
said 23.144 acre Peak Sulfur, Inc. tract, for a distance of 760.69 feet to a point for corner, said
corner being in the West line of the said 23.144 acre Peak Sulfur, Inc. tract and in the East line of
the Kansas City Southern Railroad right-of-way (based on a width of 100 feet);
THENCE NORTH 47 046'35" WEST, along and with the East right-of-way line of the said
Kansas City Southern Railroad and the West line of the said 23.144 acre Peak Sulfur, Inc. tract,
for a distance of 21.20 feet to a point for corner, for a distance of 49.47 feet to a point for corner,
said corner being the SoutliNvesterly corner of the said 15 feet wide drainage easement;
THENCE NORTH 87 °11'27" EAST, along and with the South line of the said 15 feet wide
drainage easement and parallel and 15 feet perpendicular to the North line of the said 23.144 acre
Peak Sulfur, Inc. tract, for a distance of 810.81 feet to the POINT OF BEGINNING and
containing 0.6313 Acres, more or less.
This legal
"B").
Thomas S. Rove
WNUo l 1111- 9.10111.540 Chem
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1.X111BIT " A"
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EXHIBIT "B"
STATE OF DELAWARE X
COUNTY OF JEr FHZ5N X
EAS 2013006439
10 PGS
KNOW ALL MEN BY THESE PRESENTS:
DRAINAGE EASEMENT
THAT, CHEMTRADE REFINERY SERVICES INC., State of Delaware, hereinafter
callers "GRANTORS ", for and in consideration of the sum of ONE AND NO /100 DOLLAR
($1.00), and other good and valuable consideration to us in hand paid by the CITY OF
BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called
"GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, have
GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY
unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County,
Texas, its successors and assigns, drainage easements and the right to alter, and maintain
drainage improvements and appurtenances on the hereinafter described lands which said
easements are under, over, in and across that certain tracts or parcels of land owned by
GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly
described in Exhibit "A" attached and made a part hereof for all purposes the ( "Easement
Lands ").
The easement herein granted shall be used for the purpose of operating, repairing,
rebuilding, replacing, relocating within the Easement Lands, and removing drainage structures,
canals, ditches and appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the Easement Lands use of the same for the purposes aforesaid, and
giving said City the right and privilege to improve, maintain and operate the same as permitted
by law, subject at all times to the following conditions:
(a) Grantee shall observe all applicable laws and to the extent provided or
made known to Grantee, all policies, procedures, protocols and instructions of
Grantor respecting safety, the environment and Grantor's operations while
performing any work and while on Grantor's lands;
(b) Grantee shall perform exercise its rights hereunder in such a manner as to
eliminate or minimize interference with the operations of Grantor's plant;
(c) Should the exercise of its rights require Grantor to affect Grantor's plant
operations, Grantee shall provide Grantor with as much prior notice as is
practicable in the circumstances. Such notice shall be provided in writing to the
attention of Grantor's Plant Manager at least seven business days prior to any
work and if it is impossible to provide written notice, verbal notice to the Plant
Manager shall be required and if it is impossible to provide two business days
prior notice, as much notice as practicable in the circumstances shall be provided;
(d) Grantee shall be fully responsible for moving any equipment or other
items located on the Easement Lands necessary to perform its work from the
Easement Lands to a location or locations designated by Grantor;
(e) To the extent Grantee's exercise of its rights interferes with Grantor's
security fence or the security fence of Grantor's neighbour, Grantee shall be
responsible to coordinate with such neighbour in order to keep both neighbour's
and Grantor's property secure at all times in accordance with all applicable laws,
regulations and requirements of any government or quasi - governmental authority
having appropriate jurisdiction. Such security may include keeping a locked,
manned and/or electronic fence; and
(f) To the fullest extent permitted by law and Constitution of the State of
Texas, Grantee releases Grantor from any and all liabilities and claims of any
nature arising from or in any way related to any exercise of Grantee's rights
hereunder or Grantee's or Grantee's agents' presence on Grantor's lands.
(g) Grantee shall provide evidence satisfactory of its self - insurance and
Grantee shall ensure that any contractors going on Grantor's lands have the
following insurance:
(1) Commercial General Liability Insurance with limits of not less
than $1,000,000 on an Occurrence Basis, naming Grantor as an Additional
Insured.
(2) Automobile Liability Insurance with limits of not less than
$1,000,000 ether through Primary or Excess /Umbrella coverage.
(3) Statutory Workers Compensation Insurance with Employers
Liability with limits of not less than $500,000.
(4) Evidence of Insurance to be provided with an obligation from
insurers to provide 30 days advance notice of cancellation to Grantor.
TO HAVE AND TO HOLD the above described easements and right -of -way unto the
said CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this o2,2li day of Ce-- ufigt4. , 2013.
GRANTOR: CHEMTRADE REFINERY SERVICES INC.
By:
Printed Name:
Title: Cs�V-XAA P£Fm/,ERy 6;ER VAIM 41C. )3,C40Al6Vr
PLAAlr x- w,,I4C
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENT
X
KI
This instrument was acknowledged before me on the 22nd day of February, 2013, by
Nestor Gomez, Plant Manager of CHEMTRADE REFINERY SERVICES INC., known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act of such corporation for the purposes
and consideration therein expressed and in the capacity therein stated.
64a- �. 4"o 60")
Charla K Schexnaider — Notary Public, State of Texas
1►_D M 14
City of Beaumont ,� ,y,,,—
Antoinette Hardy
PO Box 3827
Beaumont TX 77704
r�rYr�WOO r1Yr�
EXHIBIT "A"
TRACT
15 Feet Wide Drainage Easement
Legal Description: 0.2829 Acre Drainage Easement
J.W. Bullock League, Abstract No. 7
Jefferson County, Texas
BEING a 15 feet wide drainage easement containing 0.2829 acres situated in the J. W. Bullock
League, Abstract No. 7, Jefferson County, Texas, and being out of and part of that certain called
23.144 acre tract of land as described in a "Correction Special Warranty Deed" from Arch
Chemicals, Inc. to Peak Sulfur, Inc. as recorded in Clerk's File No. 2003036794, Official Public
Records of Real Property, Jefferson County, Texas, said. 0.2.829 acre easement being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83(CORS96).
COMMENCING at a concrete monument with a 3" brass disc marked "Kohler" found for the
most Northeasterly corner of the said 23.144 acre Peak Sulfur, Inc. tract and being in the West
right -of -way line of the Union Pacific Railroad ri ght -of -way (based on a width of 80 feet);
THENCE SOUTH 8701. 1'27" WEST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of that certain called 4.40 acre tract of land as described in a
deed from Olin Corporation to Mobil Oil Corporation as recorded in Volume 2206, Page 342,
Deed Records, Jefferson. County, Texas, for a distance of 206.34 feet to the most Northeasterly
corner and the POINT OF BEGINNING of the .easement herein described, said corner also
being in the Westerly line of that certain called 0.665 acre (35 feet wide) drainage easement as
described in a "Right -of -Way Agreement" from Olin Mathieson Chemical Corporation to the
City of Beaumont as recorded in Volume 1487, Page 478, Deed Records, Jefferson County,
Texas;
THENCE SOUTH 20 036'23" WEST, along and with the Westerly line of the said 0.665 acre
City of Beaumont drainage easement, for a distance of 16.35 feet to a point for corner;
THENCE SOUTH 87 011'27" WEST, parallel and 15 feet perpendicular to the North line of the
said 23.144 acre Peak Sulfur, Inc. tract, for a distance of 810.81 feet to a point for corner, said
corner being in the West line of the said 23.144 acre Peak Sulfur, Inc. tract and in the East line of
the Kansas City Southern Railroad right -of -way (based on a width of 100 feet);
THENCE NORTH 47 046'35" WEST, along and with the East right -of -way line of the said
Kansas City Southern Railroad and the West line of the said 23.144 acre Peak Sulfur, Inc. tract,
for a distance of 21.20 feet to a point for corner, said comer being the Northwesterly corner of
the said 23.144 acre Peak Sulfur, Inc. tract and the Southwesterly corner of the said 4.40 acre
Mobil Oil Corporation tract;.
EXHIBIT "A"
Pale I of 3
MARK K7117 'ELEt`.4A'DA.VSO('f47F.S.1.NC:
THENCE NORTH 87 011'27" EAST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of the said 4.40 acre Mobil Oil Corporation tract, for a
distance of 832.29 feet to the POINT OF BEGINNING and containing 0.2829 Acres, more or
less.
TRACT II
35 Feet Wide Temporary Construction Easement
Legal Description: 0.6313 Acre Temporary Construction Easement
J.W. Bullock League, Abstract No. 7
Jefferson County, Texas
BEING a 35 feet wide temporary construction easement containing 0.6313 acres situated in the
J. W. Bullock League, Abstract No. 7, Jefferson County, Texas, and being out of and part of that
certain called 23.144 acre tract of land as described in a "Correction Special Warranty Deed"
from Arch Chemicals, Inc. to Peak Sulfur, Inc. as recorded in Clerk's File No. 2003036794,
Official Public Records of Real Property, Jefferson County, Texas, said 0.6313 acre easement
being more particularly described as follows:
ATOTE. All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83(CORS96).
COMMENCING at a concrete monument with a 3" brass disc marked "Kohler" found for the
most Northeasterly corner of the said 23.144 acre Peak Sulfur, Inc. tract and being in the West
right -of -way line of the Union Pacific Railroad right -of -way (based on a width of 80 feet);
THENCE SOUTH 87 011'27" WEST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of that certain called 4.40 acre tract of land as described in a
deed from Olin Corporation to Mobil Oil Corporation as recorded in Volume 2206, Page 342,
Deed Records, Jefferson County, Texas, for a distance of 206.34 feet to a point for corner, said
corner being the Northeasterly corner of a 15 feet wide drainage easement and said corner also
being in the Westerly line of that certain tailed 0.665 acre (35 feet wide) drainage easement as
described in a "Right -of -Way Agreement" from Olin Mathieson Chemical Corporation to the
City of Beaumont as recorded in Volume 1487, Page 478, Deed Records, Jefferson County,
Texas;
THENCE SOUTH 20 03623" WEST, along and with the Westerly line of the said 0.665 acre
City of Beaumont drainage easement and the Easterly line of the said 15 feet wide drainage
easement, for a distance of 16.35 feet to the most Northeasterly corner and the POINT OF
BEGINNING of the easement herein described;
THENCE SOUTH 20 03623" WEST, continuing along and with the Westerly line of the said
0.665 acre City of Beaumont drainage easement, for a distance of 38.14 feet to a point for corner;
EXHIBIT "A"
411IRK u' t9 HITFI_FY 4ND ASSOCIATES. IlVC
THENCE SOUTH 87 °11'27" WEST, parallel and 50 feet perpendicular to the North line of the
said 23.144 acre Peak Sulfur, Inc. tract, for a distance of 760.69 feet to a point for corner, said
corner being in the West line of the said 23.144 acre Peak Sulfur, Inc. tract and in the East line of
the Kansas City Southern Railroad right -of -way (based on a width of 100 feet);
THENCE NORTH 47 046'35" WEST, along and with the East right -of -way line of the said
Kansas City Southern Railroad and the West line of the said 23.144 acre Peak Sulfur, Inc. tract,
for a distance of 21.20 feet to a point for corner, for a distance of 49.47 feet to a point for corner,
said corner being the Southwesterly corner of the said 15 feet wide drainage easement;
THENCE NORTH 87 011'27" EAST, along and with the South line of the said 15 feet wide
drainage easement and parallel and 15 feet perpendicular to the North line of the said 23.144 acre
Peak Sulfur, Inc. tract, for a distance of 810.81 feet to the POINT OF BEGINNING and
containing 0.6313 Acres, more or less.
This legal
"B").
is being submitted along with a plat based on this survey (see EXHIBIT
Thomas S. Rowe, RPLS No. 5728
W IMI 1 \11.540\11 -540 Chemtrade Storm Sewer Esmttt.doc
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IIIINIIIIIIIININI�NNI�IIIIIINtIINiI�NIIINIIiI EAS 2013006440
10 PGS
STATE OF DELAWARE
p c^ X
COUNTY OF
J Ef AR T �S/� X KNOW ALL MEN BY THESE PRESENTS:
TEMPORARY CONSTRUCTION EASEMENT
That, CHEMTRADE REFINERY SERVICES INC, State of Delaware,
hereinafter called "GRANTOR ", whether one or more, for and in consideration of the
sum of ONE AND NO /100 ($1.00) DOLLAR, and other good and valuable
consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and
sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY
OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas,
its successors and assigns, a temporary construction easement being thirty -five feet (35')
wide centered over the central point of the drainage easement and the right to construct,
alter, and maintain improvements on the hereinafter described lands which said easement
is under, over, in and across lands which the undersigned owns or in which the
undersigned has an interest, situated in the County of Jefferson, State of Texas,
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
The temporary construction easement shall be considered null and void upon the
earlier to occur of. (i) the successful completion of construction of the drainage easement;
and (ii) June 30, 2013.
The easement herein granted shall be used for the purpose of placing,
constructing, operating, repairing, rebuilding, replacing, relocating and removing storm
sewer and appurtenances, (the "Work ") subject at all times to the following conditions:
(a) Grantee shall observe all applicable laws and, to the extent
provided or made know to Grantee, all policies, procedures, protocols and
instructions of Grantor respecting safety, the environment and Grantor's
operations while performing the Work and while on Grantor's lands;
(b) Grantee shall perform the Work and exercise its rights hereunder in
such a manner as to eliminate or minimize interference with the operations
of Grantor's plant;
(c) Should the performance of the Work require Grantor to affect
Grantor's plant operations, Grantee shall provide Grantor with as much
prior notice as is practicable in the circumstances. Such notice shall be
provided in writing to the attention of Grantor's Plant Manager at least
seven business days prior to any Work and if it is impossible to provide
written notice, verbal notice to the Plant Manager shall be required and if
it is impossible to provide two business days prior notice, as much notice
as practicable in the circumstances shall be provided;
(d) Grantee shall be fully responsible for moving all equipment
(including temporary offices, trailers, spare parts, etc.) and other items
located on the land necessary to perform the Work from the area over the
temporary easement to a location or locations designated by Grantor;
(e) To the extent the Work interferes with Grantor's security fence or
the security fence of Grantor's neighbour, Grantee shall be responsible to
coordinate with such neighbour in order to keep both neighbour's and
Grantor's property secure at all times in accordance with all applicable
laws, regulations and requirements of any government or quasi-
governmental authority having appropriate jurisdiction. Such security
may include keeping a locked, manned and/or electronic fence; and
(f) To the fullest extent permitted by law and Constitution of the State
of Texas, Grantee releases Grantor from any and all liabilities and claims
of any nature arising from or in any way related to any exercise of
Grantee's rights hereunder or Grantee's or Grantee's agents' presence on
Grantor's lands.
(g) Grantee shall provide evidence satisfactory of its self - insurance
and Grantee shall ensure that any contractors going on Grantor's lands
have the following insurance:
(1) Commercial General Liability Insurance with limits of not
less than $1,000,000 on an Occurrence Basis, naming Grantor as an
Additional Insured.
(2) Automobile Liability Insurance with limits of not less than
$1,000,000 ether through Primary or Excess/Umbrella coverage.
(3) Statutory Workers Compensation Insurance with
Employers Liability with limits of not less than $500,000.
(4) Evidence of Insurance to be provided with an obligation
from insurers to provide 30 days advance notice of cancellation to
Grantor.
The following rights are also hereby conveyed:
It is expressly understood and agreed that the Grantee shall have the right of
ingress to and egress from the tract of land hereinbefore described in Exhibit "A" for the
purposes and during the temporary period as aforesaid.
After installation of the utilities, Grantee shall restore the surface of the land to
what is in Grantor's opinion acting reasonably, substantially the same condition as it was
prior to the commencement of such installation.
TO HAVE AND TO HOLD the above described easement unto the said CITY
OF BEAUMONT, its successors and assigns.
%� d'l --
EXECUTED this �Uf J day of U A 12013.
COMPANY NAME: CHEMTRADE REFINERY SERVICES INC.
By:
Printed Name: AkST q�
Title: C44EM ieAiDC AMEXI RY CiER V A:7�
,eE*JAIG 117' &4AI7 x -f IWAe/Ck
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENT
X
9/
BEFORE ME, the undersigned authority, on this day personally Nestor Gomez, Plant
Manager of CHEMTRADE REFINERY SERVICES INC., known to me to be the person and
officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of the said CHEMTRADE REFINERY SERVICES INC. and that he executed
the same for the purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 22nd day of February, 2013.
(a�n q Je-- L-�-
Charla K Schexnaider — Notary Public, State of Texas
RETURN TO:
City of Beaumont e•..' �..."""""""""'"'^" �...^.^....j
Antoinette Hardy tSM
PO Box 3827 t !
Beaumont TX 77704 1.,�„�„�, r,,WRAP
EXHIBIT "A"
TRACT
15 Feet Wide Drainage Easement
Legal Description: 0,2829 Acre Drainage Easement
J.W. Bullock League, Abstract No. 7
Jefferson County, Texas
BEING a 15 feet wide drainage easement containing 0.2829 acres situated in the J. W. Bullock
League, Abstract No. 7, Jefferson County, Texas, and being out of and part of that certain called
23.144 acre tract of land as described in a "Correction Special Warranty Deed" from Arch
Chemicals, Inc. to Peak Sulfur, Inc. as recorded in Clerk's File No. 2003036794, Official Public
Records of Real Property, Jefferson County, Texas, said 0.2829 acre easement being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83(CORS96).
COMMENCING at a concrete monument with a 3" brass disc marked "Kohler" found for the
most Northeasterly corner of the said 23.144 acre Peak Sulfur, Inc. tract and being in the West
right -of -way line of the Union Pacific Railroad right -of -way (based on a width of 80 feet);
THENCE SOUTH 87 011'27" WEST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of that certain called 4.40 acre tract of land as described in a
deed from Olin Corporation to Mobil Oil Corporation as recorded in Volume 2206, Page 342,
Deed Records, Jefferson County, Texas, for a distance of 206.34 feet to the most Northeasterly
corner and the POINT OF BEGINNING of the easement herein described, said corner also
being in the Westerly line of that certain called 0.665 acre (35 feet wide) drainage easement as
described in a "Right -of -Way Agreement" from Olin Mathieson Chemical Corporation to the
City of Beaumont as recorded in Volume 1487, Page 478, Deed Records, Jefferson County,
Texas;
THENCE SOUTH 20 036'23" WEST, along and with the Westerly line of the said 0.665 acre
City of Beaumont drainage easement, for a distance of 16.35 feet to a point for corner;
THENCE SOUTH 87 01127" WEST, parallel and 15 feet perpendicular to the North line of the
said 23.144 acre Peak Sulfur, Inc. tract, for a distance of 810.81 feet to a point for corner, said
corner being in the West line of the said 23.144 acre Peak Sulfur, Inc. tract and in the East line of
the Kansas City Southern Railroad right -of -way (based on a width of 100 feet);
THENCE NORTH 47 046'35" WEST, along and with the East right -of -way line of the said
Kansas City Southern Railroad and the West line of the said 23.144 acre Peak Sulfur, Inc. tract,
for a distance of 21.20 feet to a point for corner, said corner being the Northwesterly corner of
the said 23.144 acre Peak Sulfur, Inc. tract and the Southwesterly corner of the said 4.40 acre
Mobil Oil Corporation tract;
EXHIBIT "A"
MARE IV. Afii1rELEYAAPASSO(14 r-S.INC.
THENCE NORTH 87 °11'27" EAST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of the said 4.40 acre Mobil Oil Corporation tract, for a
distance of 832.29 feet to the POINT OF BEGINNING and containing 0.2829 Acres, more or
less.
TRACT H
35 Feet Wide Temporary Construction Easement
Legal Description: 0.6313 Acre Temporary Construction Easement
J.W. Bullock League, Abstract No. 7
Jefferson County; Texas
BEING a 35 feet wide temporary construction easement containing 0.6313 acres situated in the
J. W. Bullock League, Abstract No. 7, Jefferson County, Texas, and being out of and part of that
certain called 23.144 acre tract of land as described in a "Correction Special Warranty Deed"
from Arch Chemicals, Inc. to Peak Sulfur, Inc. as recorded in Clerk's File No. 2003036794,
Official Public Records of Real Property, Jefferson County, Texas, said 0.6313 acre easement
being more particularly described as follows:
NOTE: All hearings are referenced to the Texas State Plane Coordinate System
.South Central Zone NAD83(COR.596).
COMMENCING at a concrete monument with a 3" brass disc marked "Kohler" found for the
most Northeasterly corner of the said 23.144 acre Peak Sulfur, Inc. tract and being in the West
right -of -way line of the Union Pacific Railroad right -of -way (based on a width of 80 feet);
THENCE SOUTH 87011'27" WEST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of that certain called 4.40 acre tract of land as described in a
deed from Olin Corporation to Mobil Oil Corporation as recorded in Volume 2206, Page 342,
Deed Records, Jefferson County, Texas, for a distance of 206.34 feet to a point for corner, said
corner being the Northeasterly corner of a 15 feet wide drainage easement and said corner also
being in the Westerly line of that certain called 0.665 acre (35 feet wide) drainage easement as
described in a "Right -of -Way Agreement" from Olin. Mathieson Chemical Corporation to the
City of Beaumont as recorded in Volume 1487, Page 478, Deed. Records, Jefferson County,
Texas;
THENCE SOUTH 20 036'23" WEST, along and with the Westerly line of the said 0.665 acre
City of Beaumont drainage easement and the Easterly line of the said 15 feet wide drainage
easement, for a distance of 16.35 feet to the most Northeasterly corner and the POINT OF
BEGINNING of the easement herein described;
THENCE SOUTH 20 036'23" WEST, continuing along and with the Westerly line of the said
0.665 acre City of Beaumont drainage easement, for a distance of 38.14 feet to a point for corner;
EXHIBIT "A"
3141?K 11'. 1'11117 1 V.7. Pvt_
THENCE SOUTH 87 011'27" WEST, parallel and 50 feet perpendicular to the North line of the
said 23.144 acre Peak Sulfur, Inc. tract, for a distance of 760.69 feet to a point for corner, said
comer being in the West line of the said 23.1.44 acre Peak Sulfur, Inc. tract and in the East line of
the Kansas City Southern Railroad right -of -way (based on a width of 100 feet);
THENCE NORTH 47 04635" WEST, along and with the East right -of -way line of the said
Kansas City Southern Railroad and the West line of the said 23.144 acre Peak Sulfur, Inc. tract,
for a distance of 21.20 feet to a point for corner, for a distance of 49.47 feet to a point for corner,
said corner being the Southwesterly corner of the said 15 feet wide drainage easement;
THENCE NORTH 87 011'27" EAST, along and with the South line of the said 15 feet wide
drainage easement and parallel and 15 feet perpendicular to the North line of the said 23.144 acre
Peak Sulfur, Inc. tract, for a distance of 810.81. feet to the POINT OF BEGINNING and
containing 0.6313 Acres, more or less.
This legal
"B").
is being submitted along with a plat based on this survey (see EXHIBIT
Thomas S. Rowe, RPLS No
W 1201 1\11.540] 1 -540 Chemtrade Storm Saver Esmm.doc
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