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HomeMy WebLinkAboutRES 16-217RESOLUTION NO. 16-217 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant two (2) Pipeline License Agreements to Air Liquide Large Industries U.S., LP, substantially in the form attached hereto as Exhibits "A" and "B," to install one twenty inch (20") hydrogen gas (H2) pipeline and one ten inch (10") nitrogen gas (N2) pipeline which will cross an existing 12" PVC water main on Ohio Street. The two (2) pipelines will cross SPUR 380 at an approximate distance between 655' to 660' northwest of Sulphur Plant Road and will cross Ohio Street at an approximate distance between 725' to 733' northwest of Sulphur Plant Road for the purpose of transporting oil, gas, water, or their products. Said pipelines are to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of November, 2016 - Mayovhecky Ames - t j CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Air Liquide Large Industries U.S. LP Business Phone: ( 713 585-5689 Business Address: 3535 West 12th Street, Houston, TX 77008 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein Five hundred and no/100 dollars ($500.00) Air Liquide Large Industries U.S. LP hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Len tgth (Linear Feet) H2 Pipeline crosses SPUR 380 -655' NW of Sulphur Plant Rd 121' H2 Pipeline crosses Ohio St. -725' NW of Sulphur Plant Rd. 55' I EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) Installation will be done in accordance with all City standards and statutes of the State of Texas. 11 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $ 100,000.00 The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W, and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ngnable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Air Liquide Large Industries U.S. LP P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 3560 West 12th Street Attn: City Manager City and State of Licensee: Houston, Tx 77008 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of . A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Air Liquide Large Industries U.S. LP Represented by: Jed Franzan Title Dkoc,tor Of R%ft Of MY ATTEST: By: Secre \pipelines\\pipeline_license_agree 9 Revised 12-I4-2007 s 8 A- Air s� y Liquide qr� Planned1 err, \Hydrogen ... - Pipeline �q 0 a� ZOIh (,00( le Imagery Date: 10/3/2014 30'01'40.67" N 94'03'40.45 W elev 24 h eye alt O d film Air Liquide Planned 20' i Hydrogen Pipeline NX 1 � rR \ *�� Imagery Date 10/3/201430'01'50.59" N, 94!03�2�n31" W elev 24 ft eye alt o fmr D m m 35+15.2 FENCE LINE .Ln ........................ _ N N M -z0 'R V• \V\ \ 5 0 `� ; N Z N •°N' � �; 35+28.40 PROPERTY LINE 5+21.0 T OP BANK ELEV. 23.10' 0 Z 0 0 0 00 Co +: :... :. ....:... JOE SLOPE 4\ m mm o: ":: 35+29.0 BAR DITCH a 35+27 2 0/H POWER LINE ELEV. 23.02' `"c o : a : 35+28.40 PROPERTY LIN m o W o 35+31.9 TOE SLOPE 35+29.0 �, BAR DITCH v C-) > :o ;< ; 35+30.1 v 12" H2O, 4.4' COV. v ELEV. 23.34' _ 0 D D A . w w m 35+34.3 TOP BANK 35+31.9 TOE SLOPE o m Z m> m w: "m - v �+. + : 35+34. 35+35.3 TOP BANK 12" MARTIN PIPELINE ELEV. 24.79' o < �, ....:............... `O 0: .... 35+48.3 EDGE ASPHALT 35+47.6 T i BACK OF CURB ELEV. 25.16' r c� N � I� 35+48.3 1 EDGE ASPHALT w 1 vL c I I / N ; A %D mp m N Z : T1 _ I o: D D _ `^ v / 35+86.0 STORM DRAIN C O O II 35+87.9 M.L.K. JR. BLVD. Z LZ O 0 r - N O No N r 655 1 M C m c o p = 35+87.9 M.L.K. Jr. BLVD. II. D I B VD rr1 O '.... ELEV. 25.00' -I C N: r +...:. ............. m Z C C/) m NO P? m 0: I j v `�_ C z Z m < o w N_ *Z+, I j m O Z -� r � L4 00 C3 -< Z :Cl O' I w w o! z0 -ILO : m 0 C - w: v O; I a W oO D 1771—ril D _ 0p:. 1 N m v p c o� O C pN� o: oT-o p IQmT c/') XC D r m 0 ;_; my I-rOn z CO m M x m-{{ D C p; Z m D Z U' in w: O: E 36+27.3 EDGE ASPHALT v� _ 36+27. EDGE ASPHALT O > .: ELEV. 25.02' m r °' D �� 36+28.0 c0i BACK OF CURB o: Z: N, cR o ; 6+30.5 00 z 8" S.S. LN., 5.3' COV. m• wD 0a c Zp C Z v �`J/ C `0m n 7 o> Fn ow z O n -:_ x �, 36+49.47 PROPERTY LINE < v, II No N o : ; 36+49.45 36+50.0 _ PROPERTY LINE -'-F.O. CABLE, 4.0' COV. ELEV. 25.23' C) :.... v X C4 cn o cn...o...o.... Z m < 44+16.19 PROPERTY LINE_ - - aPROPERTY m ELEV. 24.56 44+16.19 -0�m LINE o m N z ': N vX-i N _ No z N '•. '• I '.44+35.9-� 44+35.9 B K E �Z_ TOP BANK o Z o s 00 ..., ..�......:...:...:...:...: ..:...:...:...: $ `: 44+49.7 ELOEV 22.14'_ BAR DITCH o -44+46.4---m _ N o oda - - - - - - - - TOE SLOPE - vri c o m 's '•. `• '• ' ELEV. 19.02 44+49.7-0 • �_� BAR DITCH- ... - • • - o : ..:...:...:...i.........; ........... 44+62.3 TOP BANK 44+ 0�v_ TOE SLOPE o u rri �� n •`. �: ::::::::::: 144+69.6 ELEV. 22.22' ED E GRAVEL ROAD _ 62 3 44+69.6= m - - - EDGEBGRAVEL ROAD - - - o _ 0 n +i ...i..i...i...,...i...i...i...i..i...;...i...;Im ELEV.22 72 � z�z o n m a v o 44+86.8 EDGE GRAVEL ROAD ,� -44+86. -M---EDGE -M-1 m o m + cn _� o _.E:- GRAVEL ROAD - j ol 44+91.1 T EVSLOPE 44+91.1 , m -TOE SLOPE ELEV. 21.14' _ + z f= I r� i o, N I s + ...: ........................ ........ v m �w A d -0 fTl {u o 45+28.0 TOP BANK �I z NN I rn ... .......................b 5+ 45+37.3 EDGE ASPHALT o� + r*i 45+37.3 B EDGE ASPHALT ELEV. 28.06 -� 45+49.60 HIGHWAY 69 96 & 287 �J 0 ': �; c€ I 72s.o' --' -J---(SOUTH BOUND) --- c/) CA +i......:...:...i.... ...;... i...;.. z:.o- � ... ;co 45+61.9 EDGE ASPHALT Q O II 0 '•. j:45+72 ELEV. 29.97 45+61.9 EDGE ASPHALT Z c_ _u cn _ j: € 2 TOPBANK �_ ------ --- `� rn = rn - rn O O cn r o - p = ;...;.. ;...i...;...;...i...i...i...;.. I ,�.;...i 45+86.4 ELEV. 30.12 Z DITCH II r 45+72.2 -45+ w • -- �Z ---- ---------- TOP BANK --- rn = m O p C n, r- : : : : ' € z a c, ELEV. 28.31 D Ln Z 86.4- 'ad_�... DITCH -...-...-...-...- Q r� p D A ♦ N v (� fti rn I...,.. ...j...j...j. j. I...j...j. o : ¢{ 46+01. 7 - +01.7-+__ ni N +� TOP BANK C C Z o ITI o ; ELEV.OB 29.71 8-1. _} ------------------------ z 46+05.0 EDGE ASPHALT 46+05.0m EDGE ASPHALT co r .....:...:...:...:...........:.....:...: ELEV. 29.98 _-_- rn . C co '•.fid ` '• 46+23.18 ----HIGHWAY 69, 96, & 287 _ rn p = m $'� €"" j: :'• 46+41.3 EDGE ASPHALT (NORTH BOUND) D o o z D +• ...:. :. :...:...:...:...i...;..;...E ELEV. 32.93 _ 46+41.3-.C'03DGE ASPHALT I x Z o 46+51.4 TOP BANK Xo00 o cn r_ z o �? �r , i...i...i...i...i...i...;.....i...i ELEV. 33.40 46+51.4 z - - - - - - TOP BANK - J m X N m iT �O �-- D +................... ............ rn 0:0 : 'm 46+92.5 TOE SLOPE 46+92.5 "' TOE SLOPE ...:.....:...:...:......:...:...:...:.5 ELEV 20.83'47+08 + BACK OF CURB V 'r N z •• • •••I••• 47+09.2 7 4 + 22 6 EDGE CONCRETE ELEV. 19.53 CL OHIO STREET 47+09.2 S 47+22.6 EDGE CONCRETE OHIO STREET o � w p °o° z Fn. m zoo O R� o :r*1 r�. ELEV. 1898 -- 47+35.5 - - --- EDGE CONCRETE 47+35.5 EDGE CONCRETE _3 ACK OF CURB < 7C I...I...:...:...:..i..i.. i...i...i...i...; --,47+45.4 ELEV. 18.71 12" WATER, 6.8' COV. +45. 12" WATER LINE 6.8' COV. o rn o I �€ + `......• € ELEV. 19.28' 47+50.37 PROPERTY LINE - -•- - - -. 47+50.37 - T PROP R T�-Y C17�E -'T�� • •••� ........... ....• 0 8 0 0 o ...... 9 ELEV. 19.45' n r a -a - x wn,m uxo. JEFFERSON COUNTY, TEXAS \ CITY OF BEAUMONT — CITY LIMITS 20' HYpNO / / CITY OF BEAUMONT — CITY LJMITSJ \• CITY OF BEAUMONT — CITY LIGITS / / / / / / PIPELINE SPECIFICATIONS: 20.00" O.D. x 0.423" W.T., API -51- X-52, PSL2, NORMALIZED ERW, PEB, TRL, 14-16 MILS FBE COATING WITH 20 MILS ARO PROPOSED 20" PIPE LENGTH: 1,272.99 FEET OR 0.24 MILES. AIR UTRIEo PROPOSED 20" HYDROGEN PIPELINE AIR LIQUIDS LARGE INDUSTRIES U.S. LP CITY OF BEAUMONT HOUSTON TEXAS JEFFERSON COUNTY TEXAS r - a 003—DCV-5111 EXHIBIT "e" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 �< �y Planned Air Liquide pipelines valve site �9 PROPERTY LOCATION FLORIDA AVENUE N 13,955,877.1070 E 3,532,279.0450 Oyzo 96 & 287 SULPHUR PLANT ROAD HIGHWAY 69. GP[i KiI:Z�hT�] VICINITY MAP - N.T.S. NOTES — SUMMARY OF EASEMENTS (SECTION 6C): 1e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MARTIN OPERATING PARTNERSHIP LP. BY INSTRUMENT DATED JUNE 05, 2015, RECORDED IN CLERK'S FILE NUMBER 2015021768, REAL PROPERTY RECORDS OF 69 AYq} JEFFERSON COUNTY, TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 2e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PIPE LINE COMPANY BY INSTRUMENT DATED SEPTEMBER 28, 1942,RP RECORDED IN VOLUME 520, PACE 347 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (AFFECTS SUBJECT PROPERTY. PLOTTED HEREON.) 3e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF UNITED TEXAS TRANSMISSION COMPANY BY INSTRUMENT DATED AUGUST 03. 1984, RECORDED IN CLERK'S FILE NUMBER 100720097, REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS. (DOES NOT AFFECT SUBJECT PROPERTY, PLOTTED HEREON.) 4e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF COLONIAL PIPELINE COMPANY BY INSTRUMENT DATED DECEMBER 18, 1962, RECORDED IN VOLUME 1327, PAGE 273 OF THE DEID RECORDS OF JEFFERSON COUNTY, TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 5e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MOBIL OIL CORPORATION BY INSTRUMENT DATED OCTOBER 11, 1966, RECORDED IN VOLUME 1484, PACE 478 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 6e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF GULF PIPELINE COMPANY BY INSTRUMENT DATED JANUARY 16, 1922, RECORDED IN VOLUME 213• PAGE 42 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 7a) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PETROLEUM COMPANY BY INSTRUMENT DATED FEBRUARY 24, 1922, RECORDED IN VOLUME 213, PAGE 636 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 8e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PETROLEUM COMPANY BY INSTRUMENT DATED JULY 23, 1924, RECORDED IN VOLUME 243, PAGE 451 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 9e.) GRANT OF EASEMENT AND RIGHT OF WAY. ORIGINALLY IN FAVOR OF MAGNOLIA GAS COMPANY BY INSTRUMENT DATED OCTOBER 28, 1929, RECORDED IN VOLUME 333, PAGE 329 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 10e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF DEFENSE PLANT CORPORATION BY INSTRUMENT DATED APRIL 25, 1944, RECORDED IN VOLUME 549, PAGE 389 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) REVISION DATE AIR LIQUIDE FllF do DISK 05-13-2016 AIR LIQUIDS LARGE INDUSTRIES U.S. LP DRAWN BY MCO -2M NO. DATE BY ft HOUSTON, TEXAS 1 • SCALE 1.= 100' 2 CHECKED ALTA/NSPS LAND TITLE SURVEY 1.563 -ACRE TRACT JOB NO. 3. JEFFERSON COUNTY, TEXAS DWG. NO. 003 -APP -3013 APP° 4. EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 So x'00\���9tis� Planned Air Liquide °o�'�3y s pipelines valve site oe, O J- DARREN L. CREEL J 0 50 100 1 -ACRE TRACT FILE No. 2006015616 GENERAL NOTES: REAL PROPERTY RECORDS F D 1 1/ 2' 1.) FLOOD INSURANCE RATE MAP JEFFERSON COUNTY, TEXAS IR N PIPE COMMUNITY PANEL NUMBER 4854570010D FOUND 2' REVISED AUGUST 6, 2002 IRON PIPE FLOOD ZONE CLASSIFICATION: X i 2.) FOR THE LOCATION OF UNDERGROUND UTILITIES FOUND DURING FIELDWORK SEE PAGE 3 OF 3. S , IS REFERENCED rye \ \\ ` \ \�3)\ Axl TO THE ALL RITEXAS STATE PLLZONTAL ANE COORDINATE / \ \ ` \/�, SYSTEM, LAMBERT PROJECTION, NORTH \ \`\� AMERICAN DATUM OF 1983 (NA083 SOUTH CENTRAL ZONE (U.S. SURVEY FOOT). SEE PAGE OF 3` `\ \\\ NOTE 4e \ \\ \ \\ '6�, ' GE 2 OF 3 `SEE PAGE 2 OF \ \ \ \ SNOTE EE P2 P.P. ' NOTE to ` \ \ FOUND 1/2' P.P. SEE PAGE 2 OF 3 \ \\`\ \ \ IRON ROD \ ' NOTE Se `\ \\\\ `\ FOUND 5/8- ` POINT OF BEGINNING ' ' FOUND 1.563 ACRES `� `\\\ `\ IRON ROD N 13,955,877.1070 CALLED 1.665 ACRES N\ N\\ E 3,532,279.0450 ' \ PORTION OF TRACT 10-B \ \ \ % VOLUME 692, PAGE 22 \ `\ DEED RECORDS `\ <,n /' yV Z,r JEFFERSON COUNTY, TEXAS P.P. NO BUILDINGS OBSERVED 4 //' /'`SEE PAGE 2 OF 3 NOTE 3e � \ 69��, \ P.P. 0")- \ \ FOUND 5/8" <� T IRON ROD +% NATGASOLINE LLC vq�J 4.634 -ACRE TRACT 9) FOUND 2' `� FILE No. 2013038596 IRON PIPE 9 REAL PROPERTY REC %�JEFFERSON COU AM jr LEGEND: 'Q 6' S 84.30'19' W O.H. POWER PROPERTY UNE LINE —' G 23.89' `\� [[[ GRAVEL DRIVEWAY A6 9A gMfi 3 rf�~� # SURVEY LINE ------- t�S ✓� CENTER LINE MARC FENCE —■—_—■—_— C. O4I,�ffffL PIPELINE POWER POLE �. PROPERTY CORNER OP THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS MARC q OUELLETTE, R.P.L.S. No:' FOR ALTA/HSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND FIRM NUMBER 10008400 NSPS, AND INCLUDES ITEMS 1, 3, 4, 11, AND 13 OF TABLE A THEREOF. THE FIELDWORK 2310 OWEN STREET, ALVIN. TEXAS 77511 WAS COMPLETED ON MAY 03, 2016. PHONE NO. 281-388-0426 REVISION DATE 05-13-2016 AIR LIQUIDE FILE do DISK NO. DATE BY AIR LIQUIDE LARGE INDUSTRIES U.S. LP DRAWN BY HOUSTON, TEXAS 1 MCO -2M SCALE 1"= 100' 2 CHECKED ALTA/NSPS LAND TITLE SURVEY JOB NO. 3. 1.563 -ACRE TRACT DWG. NO. 4. APP° JEFFERSON COUNTY, TEXAS 003 -APP -3013 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 S O 0" 0 �y990 DARKENL. CREEL J 1 -ACRE TRACT FILE No. 2006015616 REAL PROPERTY RECORDS JEFFERSON COUNTY, TEXAS MARTIN GAS P FOUND 1/2'-"N IRON RQ\\ FOUND 1 1/2' FOUND 2' IRON PIPE IRON PIPE KINDER MORGAN PIPELINE EXXONMOBIL PIPELINE \ ENTERPRISE PIPELINE COLONIAL PIPELINE- EXXONMOBIL PIPELINE- EXXONMOBIL PIPELINE EXXONMOBIL PIPELINE P.P. Gig/{gJ S FF� 43. P.P. 9J FOUND 2' !yo 9 IRON PIPE �\ L 96' IROFOUN ROD 8 \� DETAIL NOTE 2 FOUND 5/B' IRON ROD KINDER MORGAN SURFACE SITE DRIVEWAY NATCASOLINE LLC 4.634 -ACRE TRACT FILE No. 2013038596 REAL PROPERTY RECORDS JEFFERSON COUNTY, TEXAS REVISION DATE AIR LIQUIDE 05-13-2016 AIA LIQUIDS LARGE INDUSTRIES U.S. LP N0. DATE BY DRAWN BY n MCO -2M HOUSTON, TEXAS 1. 2 CHECKED ALTA/NSPS LAND TITLE SURVEY 3. 1.563 -ACRE TRACT 4. AP 'D JEFFERSON COUNTY, TEXAS 0 FILE & DISK SCALE 1"= 100' JOB NO. DWG. NO. 003—APP-3013 I�I 0 50 100 DRIVEWAY NATCASOLINE LLC 4.634 -ACRE TRACT FILE No. 2013038596 REAL PROPERTY RECORDS JEFFERSON COUNTY, TEXAS REVISION DATE AIR LIQUIDE 05-13-2016 AIA LIQUIDS LARGE INDUSTRIES U.S. LP N0. DATE BY DRAWN BY n MCO -2M HOUSTON, TEXAS 1. 2 CHECKED ALTA/NSPS LAND TITLE SURVEY 3. 1.563 -ACRE TRACT 4. AP 'D JEFFERSON COUNTY, TEXAS 0 FILE & DISK SCALE 1"= 100' JOB NO. DWG. NO. 003—APP-3013 CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Air Liquide Large Industries U.S. LP Business Phone: ) 113 585-5689 Business Address: 3535 West 12th Street, Houston, TX 77008 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein Five hundred and no/100 dollars ($500.00) Air Liquide Large Industries U.S. LP hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R. 0. W. Description Len tg_h (,Linear Feet) N2 Pipeline crosses SPUR 380 -660' NW of Sulphur Plant Rd 122' N2 Pipeline crosses Ohio St. --733' NW of Sulphur Plant Rd. 56' 1 EXHIBIT "B" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. El REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $ 1 o0,000.00 The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Ce 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O. W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. - o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Air Liquide Large Industries U.S. LP P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 3560 West 12th Street Attn: City Manager City and State of Licensee: Houston, Tx 77008 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Air Liquide Large Industries U.S. LP Represented by: ..fed Franzen Title Dkoc for Of Right Of W8y ATTEST: By. Secretary ` \pipelines\\pipeline license_agree 9 Revised 12-14-2007 '1 —N E ardVn vp f • yplwfi+�r ... - � �j� » `w �yrj fi " ZP Air Liquide S rC . + •- • 1 �yHydrogen Pipeline ac r 4 Q 2016 Google 1938 Imagery Date: 10/3/2014 30'01'40.67" N 94"03'40.45" W elev 24 ft eye alt r;4: C �.P• e , I 1.• i t� 8 ' f Air Liquide Planned Pipelines Vslve Site fi ti `y ti f, �. ♦ Liquide �1 'Planned e Hydrogen Pipeline wp � v 1201, . V ][ I e *#r Imagery Date: 10/3/2014 30'01'50.59" N, 94"03,:27.31";W elev 24ft eye alt o v_ Pnm -A34+84.1 vm FENCE LINE M < Na • ......................... (.n rn m0.. m o v N N. 34+97.42 PROPERTY LINE 4+89.9 TOP BANK ELEV. 23.10' 0 z z 0 0 0 o v +....:.... � � 0 r o: �. ;; �; .............. N . a 34+94.4 w '�L� + JOE SLOPE o� 0. N O: 34+98.0 BAR DITCH 34+96.8 �- o`O�H POWER LINE c >N® �. : w :d' f : •? a • �I ELEV. 23.02' 34+97.42 PROPERTY LINE` j o v w I, : o: : :0 34+99.0 TOE SLOPE 34+98.0 BAR DITCH �- i �1 m O a o� J m: o. :<c : ELEV. 23.34' 34+99.0 12" 12" H2O, 4.4' COV. , 61* v s 0 v = 0 A v > >- N : z m 35+00.9 TOP BANK 35+00.9 , TOE SLOPE v m Z m + w: �' m a v �. +: o. = . . ELEV. 24.79' 35+03. TOP BANK 0 m O En a: ...:............... ?. .... 35+17.5 EDGE ASPHALT 35+16.8 , i BACK OF CURB ELEV. 25.16' 4 35+17.5 I , EDGE ASPHALT w A O c / c o N rn : Z: : s : : _ -U ITI r.V �: M +; m• ..�:......�........ M: �: A. .... 5 Uzi 35+33.3 i I � z STORM DRAIN 0W oo m r = TI D FTI $: z m• m 0 35+46.6 j wv 12' MARTIN PIPELINE C p N: v v 35+57.5 046 OD co M.L.K. JR. BLVD. _ C 0 z m Z -p r ON _� �• : : r : -�� -y `66p 2. M'� I _ C p N _q N: , • 35+57.5 M.L.K. Jr. BLVD. II D K Be m 0 ELEV. 25.00' 2 C j �:......:....o..:. o Z b -< C o o rn r -�_ z h Z o O Z C �: r O m M _< z O 0m N. � ool� T � -I D� m z a +:...: co ......:...:... ...: / N > I X O CL K IT ?r-Ncf) x N : G7 Im z (n mm F_ m D C : : : z rn z z m D Z fTl N cn � : 35+97.1 EDGE ASPHALT 0 vA 35+97. v_� EDGE ASPHALT n r .: ELEV. 25.02' p r �: + ; ...:. 00: : : D 35+97.9 m c -r z w rn BACK OF CURB - r /r35+99.9 m mT 0_8" S.S. LN., 5.3 COV. WD z n•. c z O C / T \��\ v � O N n J z O Fn R : �m _ -- z w I Z O v Ln rn; 36+19.45 RIGHT OF WAY to o _-_ �� w CA 0 _-c c� N II +:...:.. N. ........... s 36+14.4 m - F.O. CABLE, 4.0 COV. ---PROPERTY ... ELEV. 25.23' No 0. : j A 36+19.4 m LINE O (A .................... Ln N N O N 0 U .... D z -` ``-- 0 co O m MR, M M"zp I 0 "o 43+89.83 PROPERTY LINE ELEV. 24.56 43+89.83 M 0 I PROPERTY LINE 0 . . . . . . . . 44+10.9 TOP BANK -44+10.9 0 0 TOP BANK Ln m I . . . . V) -0-T- - - - - - __ - - o z o"98 M:�j ......... 44+27.7 ELEV. 22.14' Z BAR DITCH m 44+21.4-0 con. TOE SLOPE cn . . . . ELEV. 19.02' 4+ 27.7-L:�'j 0 BAR DITCH-.---• cn m x : . : ; : : : : : : : : ' 4+37.3 TOP BANK --44+27.5 f. In TOE SLOPE 0 0 mmo MO FE . . . . . . . . . . . . . . 1 44+44.6 44+61.7 ELEV. 22.22' E GRAVEL ROAD EDGE ELEV. 22.72 ED GE GRAVEL ROAD 4 4 +3 - 3' 44+44.6 -mo 0 m z q -TOP "-EDGE BANK- - - GRAVEL ROAD - 0 m 0 m > 0 'r T : : 'o -4_4_+6-=-o-i z -EDGE GRAVEL ROAD - m 0 m > 44+66.1 ELEV. 21.74' TOE SLOPE En c r- -0 m 44+66.1 m 2 -04:9 M z TOE SLOPE cil ......... ELEV. 21.14' rn -2 Z ...... .... ........ I L Ln wo m m ox 45+02.9 TOP BANK _�5_+02.9-N ':m-r8_TOP z BANK--- _Tl M G 45+12.2 ELEV. 27.31' EDGE ASPHALT 0 of 45+12.2-"-- EDGE ASPHALT_- > M m ELEV. 28.06' -,iZ�745+24.50 Q_ HIGHWAY 69, 96, & 287 C/) :o{ ;..7337 (SOUTH BOUND)----- _u Z� 45+36.8 EDGE ASPHALT 0 ELEV. 29.97' 45+36.8- EDGE ASPHALT - 45+47.1 TOP BANK ELEV. 30.12' -u Ln -L M C) _9 r- E q 70 . . . . . . . . . . . . r- 45+47.1 Z O� To_f�5' BANK m 45+61.2 Z DITCH ELEV. 28.31' 113 > Ln -45+61.2-e DITCH m 0 cn > Im . . . . . . . . 45+76.6 TOP BANK 1& 5±76.6- TOP BANK U) - -- - -- 0 0 z M . . . . . . 0:9 45+79.8 ELEV. 29.71' EDGE ASPHALT 45+79.8 w -i EDGE ASPHALT ;;a < (n (D 0 - ELEV. 29.98' m :< C'' :cn: 45+98.00 co co CD 0 ba�' C' 46+16.1 EDGE ASPHALT cn (NORTH BOUND) EDGE ASPHALT > m G-) . . . . . . . ELEV. 32.93" 46+16.1- L (A > M 45+26.1 TOP BANK o U) r- :n ELEV. 33.40' 46+26.1 z - I - -- - -- - -- TOP BANK cf) X 00t > -,J mv) I m Fd 5 x m c3 U) Z V)46+66.6 TOEISLOPE . . . . . . . . 46+66.6 TOE SLOPE ELEV. 20.83' 46+E0 BACK OF CURB 46+83.7 46+97.1 EDGE CONCRETE ELEV. 19.53' Z OHIO STREET 46+83.7 46+97.1 EDGE CONCRETE OHIO STREET - - - - - - - - - - - - - - o 0 0 p a) V) 0 > Fn z .. ......... ELEV. 18.98' 47+10.0 EDGE CONCRETE > P p 47+10.0 EDGE CONCRETE -47+10.8- BACK OF CURB V)EL �-,47+19.9 EV. 18.71' 12" WATER, 6.8' COV. 12" WATER LINE 6.8' COV. ELEV. 19.28' 47+24.87 0 .. ... ... ... 47+24.87 PROPERTY LINE 0 8 ELEV. 19.45' JEFFERSON COUNTY, TEXAS \ CITY OF BEAUMONT - CITY LIMITS 0 190 700 ,\ % • // us PPOP09FD 10' NITRO b>a uc -r 9[x01 - nt u / CITY OF BEAUMONT - CITY LIMITS! \• CITY OF BEAUMONT - CITY,LIMITS / PIPELINE SPECIFICATIONS: 10.750" O.D. x 0,307" W.T., API -51. X-52, PSI -2' NORMAILIZED ERW, TRL, PEB, 14-16 MILS FBE COATING with 20 MILS ARO PROPOSED 10" PIPE LENGTH: 1,257.52 FEET OR 0.24 MILES. I I I I AIR STRIES PROPOSED 70" NITROGEN PIPELINE 1F' 10°' AIR LIQUIDE URGE INDUSTRIES U.S. LP CITY OF BEAUMONT HOUSTON TEXAS JEFFERSON COUNTY TEXAS m 007 -DCV -3027 EXHIBIT "B" A 96, & 287 HIGHWAY 69, JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 Planned Air Liquide pipelines valve site VICINITY MAP - N.T.S. NOTES - SUMMARY OF EASEMENTS (SECTION 6C): 1e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MARTIN OPERATING PARTNERSHIP LP. BY INSTRUMENT DATED JUNE 05, 2015, RECORDED IN CLERK'S FILE NUMBER 2015021768, REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON_) 2e.) GRANT OF EASEMENT AND RIGHT OF WAY. ORIGINALLY IN FAVOR OF MAGNOLIA PIPE LINE COMPANY BY INSTRUMENT DATED SEPTEMBER 28, 1942, RECORDED N VOLUME 520, PACE 347 OF THE DEED RECORDS OF JEFFERSON COUNTY. TEXAS. (AFFECTS SUBJECT PROPERTY. PLOTTED HEREON.) 3e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF UNTED TEXAS TRANSMISSION COMPANY BY INSTRUMENT DATED AUGUST 03, 1984, RECORDED IN CLERK'S FILE NUMBER 100720097, REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS. (DOES NOT AFFECT SUBJECT PROPERTY, PLOTTED HEREON.) 4e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF COLONIAL PIPELINE COMPANY BY INSTRUMENT DATED DECEMBER 18, 1962, RECORDED IN VOLUME 1327, PAGE 273 OF THE DEED RECORDS OF JEFFERSON COUNTY. TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 5e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MOBIL OIL CORPORATION BY INSTRUMENT DATED OCTOBER 11, 1966, RECORDED IN VOLUME 1484, PAGE 478 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 6e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF GULF PIPELINE COMPANY BY INSTRUMENT DATED JANUARY 16, 1922, RECORDED IN VOLUME 213. PAGE 42 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 7a) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PETROLEUM COMPANY BY INSTRUMENT DATED FEBRUARY 24, 1922, RECORDED IN VOLUME 213, PAGE 636 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) Be.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PETROLEUM COMPANY BY INSTRUMENT DATED JULY 23, 1924, RECORDED IN VOLUME 243, PAGE 451 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 9e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA GAS COMPANY BY INSTRUMENT DATED OCTOBER 28, 1929, RECORDED IN VOLUME 333, PAGE 329 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) We.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF DEFENSE PLANT CORPORATION BY INSTRUMENT DATED APRIL 25, 1944, RECORDED IN VOLUME 549, PAGE 389 OF THE DEED RECORDS OF JEFFTRR59N COUNTY, TEXAS. (UNABLE TO PLAT DUE TO VAGUE LEGAL DESCRIPTION.) REVISION NO. DATE 3. 4. PROPERTY LOCATION N 13,955,877.1070 E 3,532,279.0450 PLANT ROAD DATE AIR LIQUIDE BY DRAWNO Y 13-2016 AlR LIQUIDE LARGE INDUSTRIES U.S. LP MCO -2M Im HOUSTON, TEXAS CHECKED ALTA/NSPS LAND TITLE SURVEY 1.563 -ACRE TRACT APP'D JEFFERSON COUNTY, TEXAS AMOCO ROAD FILE & DISK I SCALE 1 100' 1 DWG. NO. 003 -APP -3013 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 S 1-70, �IT—�2s� Planned Air Liquide pipelines valve site � _P/o �-9 tiT DARREN L. CREEL J o 50 100 1 -ACRE TRACT FILE No. 2006015616 GENERAL NOTES: REAL PROPERTY RECORDS F D 1 1/ 2' 1.) FLOOD INSURANCE RATE MAP JEFFERSON COUNTY, TEXAS IR N PIPE COMMUNITY PANEL NUMBER 4854570010D FOUND 2" REVISED AUGUST 6, 2002 IRON PIPE FLOOD ZONE CLASSIFICATION: X 2_) FOR THE LOCATION OF UNDERGROUND UTILITIES FOUND DURING FIELDWORK SEE PAGE 3 OF 3. $ZONTAL CONTROL IS REFERENCED -1% 3) ALL TO THERITEXAS STATE PLANE COORDINATE SYSTEM, LAMBERT PROJECTION, NORTH AMERICAN DATUM OF 1983 (NAD83), SOUTH CENTRAL ZONE (U.S. SURVEY FOOT). hh // SEE PAGE aF 3 \ \\ \\ \\ ,;• /YI/ NOTE 4e \ \\ \\ \\ '6u, SEE PAGE 2 OF \ \ \ \ SEE PNOTE AGE 2 OF 3 P.P. NOTE 1e \ \ \ FOUND 1/2' // P.P. SEE PAGE 2 OFIRON ROD 3 \ \\ \\ \ \ / NOTE 5e \ POINT OF BEGINNING' ' FOUND 1.563 ACRES \\\ \\\\\ \\\\ FOUND IRON ROD 8" N 13,955,877.1070 CALLED 1.665 ACRES \\ \\\\ E 3,532,279.0450 \ PORTION OF TRACT 10-B \ \ \ % VOLUME 692, PAGE 22 DEED RECORDS \\ JEFFERSON COUNTY, TEXAS P.P. hJQ, J� G F�\` !y NO BUILDINGS C-3 P�o���� s \ �� OBSERVED ,meg SEE PAGE 2 OF 3 S� ry^ / / NOTE 3e �'oy'S/y9 P.P. FFOUND 5/8" Q °�� �o IRON ROD /Sr NATGASOLINE LLC 9i � FOUND 2 -4.634 -ACRE TRACT IRON PIPE ` RLE No. 2013038596 9 /'y REAL PROPERTY RE '9 JEFFERSON COU or 0 HG POWER LINE —•--�— /� 6 S 84'30'19" W \ PROPERTY LINE 9p/ 23.89' (( GRAVEL DRIVEWAY SURVEY LINECENTER EASEME TNLINE — -- -- J i + �. O EL E FENCE —■—;— —■— L PIPELINE-------�--•— i p 6877 ?� POWER POLE P.P. '��*��t+� PROPERTY CORNER o � ? THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED - I1% WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS MARC TTE, R.P.L. S. No.' FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND FIRM NUMBER 10008400 NSPS, AND INCLUDES ITEMS 1, 3, 4, 11, AND 13 OF TABLE A THEREOF. THE FIELDWORK 2310 OWEN STREET, ALVIN. TEXAS 77511 WAS COMPLETED ON MAY 03, 2016. PHONE NO. 281-388-0426 REVISION DATE AIR LIQUIDE FILE k DISK 05-13-2016 AlH N0. DATE BY DRAWN 6Y UIDEJ LARGE INDUSTRIES U.S. LP 1 MCO -2M n HOUSTON, TEXAS SCALE 1"= 100' 2 CHECKED ALTA/NSPS LAND TITLE SURVEY JOB NO. 3. 1.563—ACRE TRACT DWG. NO. 4. APPD JEFFERSON COUNTY, TEXAS 003—APP-3013 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 oOG�y tis '-00 ptiyS ��- 0, 0 DARREN L. CREEL J 1 -ACRE TRACT FILE No. 2006015616 REAL PROPERTY RECORDS FOUND 1 1/2` JEFFERSON COUNTY, TEXAS FOUND 2" IRON PIPE IRON PIPE— D 50 100 KINDER MORGAN PIPELINE\ MARTIN GAS PIPELINE-7,EXXONMOBIL PIPELINE ENTERPRISE PIPELINE COLONIAL PIPED p.p. EXXONMOBIL PIPE FOUN'*" /2` P.P. � EXXONMOBIL PIPE IRON ROD \ \ EXXONMOBIL PIPE P.P. Q j. P.P. � do 91- 6 FOUND 2` �O 9 IRON PIPE \ 96 FOUND 5/8" \✓. L IRON ROD DETAIL NOTE 2 FOUND 5/8" IRON ROD KINDER MORGAN SURFACE SITE DRIVEWAY NATGASOLINE LLC 4.634 -ACRE TRACT FILE No. 2013038596 REAL PROPERTY RECORDS JEFFERSON COUNTY, TEXAS 0 REVISION DATE AIR LIQUIDE FILE & DISK 05-13-2016 AIR N0. DATE BY LIQUIDS LARGE INDUSTRIES U.S. LIP DRAWN '� HOUSTON, TEXAS 1 MCO -2M SCALE 1"= 100' 2 CHECKED ALTA/NSPS LAND TITLE SURVEY JOB NO. 3. 1.563 -ACRE TRACT DWG. NO. 4. APP JEFFERSON COUNTY, TEXAS 003 -APP -3013 CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Air Liquide Large Industries U.S. LP Business Phone:, ) 713 585-5689 Business Address: 3535 West 12th Street, Houston, TX 77008 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein Five hundred and no/100 dollars ($500.00) Air Liquide Large Industries U.S. LP hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O. W. Description Length (Linear Feet) H2 Pipeline crosses SPUR 380 -655' NW of Sulphur Plant Rd 121' H2 Pipeline crosses Ohio St. -725' NW of Sulphur Plant Rd. 55' I COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 0 Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: a Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $ 100,000.00 The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: R Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng_abl_e This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Air Liquide Large Industries U.S. LP P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 3560 West 12th Street Attn: City Manager City and State of Licensee: Houston, Tx 77008 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of A/. > A.D. 20 i 4% . City Clerk ATTEST: By: Secre CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Air Liquide Large Industries U.S. LP Represented by: .loci Franzan Title Dkoc for of Ripht of Way \pipelines\\pipeline license agree 9 Revised 12-14-2007 . g• . s :, ƒ« ,.aw Air Liquide Planned s Hydrogeno .° Pipeline &2Q6c ql ƒ; «� \938 ° � ` . . <z » Imagery Date.; 10aR014 °1'40.67"N94°3'0.45"W elev 24a Sea �r ✓' 3807 Air Liquide Planned 10" Nitrogen r Pipeline r A r,. AOC k y n_ r t y� t 'r^ mV I x Air Liquide Planned 20" Hydrogen Pipeline s r Air Liquide Planned Pipelines Vslve Site " �' f o m m r^ D < cn .............. o cn o L" .... 35+15.2 FENCE LINE m N z �• I ✓ N .. N �' 35+28.40 PROPERTY LINE 5+21.0� TQP BANK 29.0 ELEV. 23.10' BAR DITCH 0 z N z N 0 0 0 o +•• . 0 0 " ' s o: ^:: d 35+25.4 ,, w\JOOE SLOPE /H POWER LINEy 35+27.2 L3,5+ ELEV. 23.02' m N O s_ 35+28.40 PROPERTY LINo31.9 TOE SLOPE 35+29.0 i� BAR DITCH w� o D :<� ; 35+30.1 V ��� 12" H2O, 4.4' COV. v ELEV. 23.34' v m > D � cwn m 35+34.3 TOP BANK 35+31.9 TOE SLOPE d x m z m v + �' m - .o (A. �. 35+34. 35+35.3 � TOP BANK 12" MARTIN PIPELINE ELEV. 24.79' o { En `D o: • .......:...... �L35+48.3 EDGE ASPHALT 35+48.3 i BACK OF CURB ELEV. 25.16' ry � r w IN 35+48.3 1 I i EDGE ASPHALT\ I W N fT o Ic / \ L o O N r D m fTl cn u; z v_ : _0_ z i T1 1 D fTl m +:...:.........u..... .... Ii 1 D $ c "' 0 Iv 1 35+86.0 STORM DRAIN cf) C D O -u II 35+87.9 M.L.K. JR. BLVD. Z L r ON r N p = 0 : No . N . r _ 6550,I M'L•K m p w. 35+87.9 M.L.K. Jr. BLVD. II r- ELEV. 25.00' -Ci o N r �:...:. ..... w .......... No Z Z rn ; (A1 rt FZ + m O Z -< D r �0 00 o IQ -< C O Z A o: �• I wo N� z zo O zm(; op. o I (z,,� Iy D �M/ z �: �:;OD:t o� 0Iz ND fT1 O oo� ? N r o: �� W m o v i%) X C ,� m r (1) m m ini4i 0 x N m ;_. O IAU:D mD C �' in �:Z 0. w: Ornch z 36+27.3 EDGE ASPHALT EDGE ASPHALT c); }o:. m.... ... D .: �.0• ELEV. 25.02' 0 BACK OF CURB Z" ci 5 z 8"S.S. LN., 5.3' COV. � o r-36 m v0 a� r_ : Z: 0 En � mCJ Zpo g 36+49.47 PROPERTY LINE� m< N:...:...:..:...:.. . 45 __PROPERTY LINE • ELEV. 25.23'0 U,N0 :...: �F.O. CABLE, 4.0' COV. ���__ o...o... Z p 44+16.19 PROPERTY LINE• 9 Lq ELEV. 24.56' 44+16.19 -0 rn PROPERTY LINE > m o 2.0 h! 44+35.9 TOP BANK a -44+35.9-0 0, 25 (n ::1 0 0 tj z " ;0., 5 ooc� : ; : : : : +i i ELEV. 22.14' 0 m z TOP BANK z CD X :1 �g 44+49.7 Z BAR DITCH ::44+46.4-m > ;0-(L TOE SLOPE > En rn ELEV. 19.07--- 44+49.7--0 BAR DITCH==777=- m > rn " I i i .-i i ... i ....... I I .... ........... . . ::� 44+ 6 2.3 TOP BANK -44+52.5 to 9 I z _T OE SLOPE co < I ;u 0 0 0 I m (n : : , , * : : : : : : : : 44+69.6 ELEV. 22.22' EDGE GRAVEL ROAD -44+60_cz� 44+69.6-M 58 0-7-0 Om-tr_-EDGE '-TOP m BANK- ------ GRAVEL ROAD- > m m ELEV. 22.72'- _< z im z 0 m > 04 OoD 44+86.8 EDGE GRAVEL ROAD -_44+_8_6ff__-o J-EDGE m a) o + . . . 1,44+91.1 ELEV. 21.74' TOE SLOPE co c 1_0 44+91.1 & om z GRAVEL ROAD- TOE SLOPE :T ... ELEV. 21.14' m + Z 8 m cl *zl c_ 0 q cn + ..... m .118 C_ m 0) r. o :: :: :: :: :: :: :: :: :: i iv : : : : :oi .... 45+28.0 5+37.3 TOP BANK ELEV. 27.31' EDGE ASPHALT z > z 45+28.0 -m 45+37.3 - _,i4--EDGE TOP BANK------- ASPHALT- m -Tj F- -ri > FTI In ......... ELEV. 28.06' 45+49.60 Z HIGHWAY 69, 96, & 287 _u 0� :c z Z& 45+61.9 EDGE ASPHALT i25. _::7� -J---(SOUTH BOUND)----- 0 M . . .. ............ ... ... ... .. ELEV. 29�.97 45+61.9 00 -1 EDGE ASPHALT- 0 c_ -0 Ln 45+72.2 TOP BANK co M -9 _9O 0 r- q 0 ...... ......... ELEV. 30.12' 45+72.2 TOP BANK m m a: 5+86 4 .4 DITCH ELEV. 28.31� II > -r2� 45+ 86.4- DITCH m 0 . . . . . cp Z ad 0 > +: 0 ...... 46+01.7 TOP BANK 0 -46±01 7- +ZZI TOP BANK c/) Z M < 0: - . : ; : : : : : 8,�] ELEV. 29.71' 8 146+05.0 EDGE ASPHALT 46+05.0 EDGE ASPHALT < co 0 - r . ... .. ... ... ELEV. 29.98' M z > ....... 46+23.18 - - - - - - (FnTG_lF4f AY 69, 96, - - - - - < & 287 0) 0 m 0 a + 46+41.3 EDGE ASPHALT NORTH BOUND) �EDGE > r 0 z > !"1111-1111,11, T*lw ELEV. 32.93' 46 + 41.3-- .(R ASPHALT I X Ro M 46+51.4 TOP BANK L CA > m r1i 0 cn �z io ......... ELEV. 33.40' 46+51.4 z - - - - -- - TOP BANK � x OD > (10 M x m > c cnco ....... .. I ... I .... ... 0€Q Z m :c) 46+92.5 TOE SLOPE 46+92.5 TOE SLOPE rn ELEV. 20.83- 47+08.5 BACK OF CURB M 41 Tri I ... ... ... ....... 47+09.2 47+22.6 EDGE CONCRETE ELEV. 19.53' Z OHO STREET 47+09.2 47+22.6 EDGE CONCRETE OHIO STREET 0 :E 0 p c_ 0 In 0 Fn Fn (A I Z z 0 R, :rri 0 M: 5�: ; . . . . . ELEV. 18.98 - 47+35.5 __ _4 -- - - - - - - - - 5�E -- - - - EDGE CONCRETE - - - - > 0 . . . . . . 47+35.5 EDGE CONCRETE -47+36 3, BACK OF CURB I 47+45.4 ELEV. 18.71' 12" WATER 6 8' COV. 114Z+45.4 12" WATER LINE 6.8' COV. 0 II 0 W. ELEV. 19.29' ..:. : : .... .... :: .1 +: ... . .. ........ 47+50.37 PROPERTY LINE 47+50.37 M PROP 014E 0 0 o 8 "o � ELEV. 19.45' JEFFERSON COUNTY, TEXAS CITY OF BEAUMONT CITY LIMITS N, 0 IN 300 HYDROM PPa1]U1WW PROPOSED 2D OF BEAUMONT CITY LIMITS->\ CITY OF BEAUMONT CITY U MITS PIPEUNE SPECIFICATIONS: 20.00' O.D. x 0.423" W.T., API-51- X-52, PSL2, NORMALIZED ERW, PEB, TRL, 14-16 MILS FBE COATING MATH 20 MILS ARO PROPOSED 20' PIPE LENGTH: 1.272.99 FEET OR 0.24 MILES. AIR LIQUIDE PROPOSED 20" HYDROGEN PIPELINE AIR LIQUIDE LARGE INDUSTRIES U.S. LP CITY OF BEAUMONT HOUSTON, TEXAS JEFFERSON COUNTY, TEXAS 003-DCV-51 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 Planned Air Liquide pipelines valve site PROPERTY LOCATION N 13,955,877.1070 E 3,532,279.0450 HIGHWAY 69 96' & 287 �� rSULPHUR PLANT ROAD VICINITY MAP - N.T.S. NOTES — SUMMARY OF EASETLIENTS (SECTION 6C): I&) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MARTIN OPERATING PARTNERSHIP LP. BY INSTRUMENT DATED JUNE 05, 2015. RECORDED IN CLERK'S FILE NUMBER 2015021768. REAL PROPERTY RECORDS OF JEFFERSON COUNTY. TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 2a) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PIPE LINE COMPANY BY INSTRUMENT DATED SEPTEMBER 28, 1942. RECORDED IN VOLUME 520, PAGE 347 OF THE DEED RECORDS OF JEFFII2SON COUNTY. TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 3a) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF UNITED TEXAS TRANSMISSION COMPANY BY INSTRUMENT DATED AUGUST a 1984, RECORDED IN CLERK'S FILE NUMBER 100720097, REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS. (DOES NOT AFFECT SUBJECT PROPERTY, PLOTTED HEREON.) 4e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF COLONIAL PIPELINE COMPANY BY INSTRUMENT DATED DECEMBER 18, 196Z RECORDED IN VOLUME 1327. PAGE 273 OF THE DEED RECORDS OF JEFFER"' COUNTY, TEXAS. (AFFECTS SUBJECT PROPERTY. PLOTTED HEREON.) 5e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MOBIL OIL CORPORATION BY INSTRUMENT DATED OCTOBER 11, 1966, RECORDED IN VOLUME 1484. PAGE 478 OF THE DEED RECORDS OF JEFFERSON COUNTY. TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 6e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF GULF PIPELINE COMPANY BY INSTRUMENT DATED JANUARY 16, 192Z RECORDED IN VOLUME 213. PAGE 42 OF THE D® RECORDS OF MTERSON COUNTY, TEAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 7.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PETROLEUM COMPANY BY INSTRUMENT DATED FEBRUARY 24, 192Z RECORDED IN VOLUME 213, PAGE 636 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 8m) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PETROLEUM COMPANY BY INSTRUMENT DATED JULY 23. 1924. RECORDED IN VOLUME 243, PAGE 451 OF THE DEED RECORDS OF JEfTERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) Se.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA GAS COMPANY BY INSTRUMENT DATED OCTOBER 28, 1929. RECORDED IN VOLUME 333, PAGE 329 OF THE DEED RECORDS OF EFFERSDN COUNTY. TEX AS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 10s.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF DEFENSE PLANT CORPORATION BY INSTRUMENT DATED APRIL 25, 1944. RECORDED IN VOLUME 549, PAGE 389 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) RFV1SION DATE NO.I DATE 3. 4. 05-13-2016 AlH LIQUIDS BY DRAWN BY MCO-2M AIR LIQUIDE LARGE INDUSTRIES U.S. LP HOUSTON, TEXAS CHECKED ALTA/NSPS LAND TITLE SURVEY 1.563-ACRE TRACT APP'D JEFFERSON COUNTY, TEXAS .P AMOCO ROAD II FILE do DISK SCALE 1 "= 100, JOB NO. DWG. NO. 003-APP-3013 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 S 1,7000G��9tis� Planned Air Liquide pipelines valve site o, o J DARREN L. CREEL 0 50 100 1—ACRE TRACT FILE No. 2006015616 GENERAL NOTES: REAL PROPERTY RECORDS FO D 1 1/ 2" 1.) FLOOD INSURANCE RATE MAP JEFFERSON COUNTY, TEXAS IR N PIPE COMMUNITY PANEL NUMBER 4854570010D FOUND 2" REVISED AUGUST 6, 2002 IRON PIPE / FLOOD ZONE CLASSIFICATION: X v/ 2.) FOR THE LOCATION OF UNDERGROUND / UTILITIES FOUND DURING FIELDWORK SEE vy\ \\\ \\ S PAGE 3 OF 3. iry i \\ \\ \ \\ �:T 3) ALL TO THETEXASHORIZONTAL STATE PLANE COORDINATE \ %�, SYSTEM, LAMBERT PROJECTION, NORTH R /' \ \\ \\ \\ F AMERICAN DATUM OF 1983 (NAD83 SOUTH CENTRAL ZONE (U.S. SURVEY FOOT;. kh SEE PAGE OF 3 \ \\ \\\ \\ ? 5 'j�/ NOTE 4e \ \\ \ \\ sa. SEE PAGE 2 OF 3 /" `SEE PAGE 2 OF \ \ \ \ 2 P.P. NOTE le \ \ \ FOUND 1/2' /' P.P. SEE PAGE 2 OF 3 \ \\\\ \ \ IRON ROD ' NOTE Se \\ \\\\\ \\ FOUND 5/8" POINT OF BEGINNING FOUND 1.563 ACRES \\ \\ \ \\ IRON ROD N 13,955,877.1070 CALLED 1.665 ACRES \\ \\\\ E 3,532,279.0450 \ PORTION OF TRACT 10—B / VOLUME 692, PAGE 22 DEED RECORDS JEFFERSON COUNTY, TEXAS P.P. A G'\` 7y NO BUILDINGS �� OBSERVED -SEE PAGE 2 OF 3 NOTE 3e Cy '\`F P.P. </ FOUND 5/8" Q °�� IRON ROD / NATGASOLINE LLC 9� FOUND 2" 3 4.634—ACRE TRACT ` FILE No. 2013038596 ,/O 9 IRON PIPE /'� REAL PROPERTY RECO(=K-.a` LEGEND: 9 JEFFERSON COU 1i� CA S 84*30'19" W O.H. POWER LINE --'—+— /� S 23.89' PROPERTY LINE 9p/ r GRAVEL DRIVEWAY A6g�:a'al� +�' SRVEY LINE ---- -- C�ir ` $ 0. U CENTER LINE EASEMENT LINE — — — — — — — — — i MAX C. CIVIL FENCE ± PIPELINE—--�—w— �eF POWER POLE P.P.E 07 PROPERTY CORNER o THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS MARL TEE, R.P.LS. Noi FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND FIRM NUMBER 10008400 NSPS, AND INCLUDES ITEMS 1, 3, 4, 11, AND 13 OF TABLE A THEREOF. THE FIELDWORK 2310 OWEN STREET, ALVIN, TEXAS 77511 WAS COMPLETED ON MAY 03, 2016. PHONE NO. 281-388-0426 REVISION DATE 05-13-2016 AIR LIQUIDE FILE & DISK NO. DATE BY AIR LIQUIDE LARGE INDUSTRIES U.S. LP DRAWN BY n HOUSTON, TEXAS 1 MCO-2M SCALE 1 "= 100' 2 CHECKED ALTA/NSPS LAND TITLE SURVEY JOB NO. 3. APP1.563-ACRE TRACT DWG. N0. 4. D JEFFERSON COUNTY, TEXAS 003-APP-3013 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 rS � 41 G y 0o\�0�yN,s9s 0, o �y90 DARREN L. CREEL J 1—ACRE TRACT FILE No. 2006015616 REAL PROPERTY RECORDS JEFFERSON COUNTY, TEXAS FOUND r IRON PIPE MARTIN GAS PIPELINE 0 50 100 FOUND 1 1/2' IRON PIPE KINDER MORGAN PIPELINE\ EXXONMOBIL PIPELINE \\ ENTERPRISE PIPELINE COLONIAL PIPELINE P.P. P.P. EXXONMOBIL PIPELINE FOUND 1/2- EXXONMOBIL PIPELINE IRON ROD \ EXXONMOBIL PIPELINE P.P. P.P. O 9J- FOUND 2' !�O 9 IRON PIPE \ L96 RONNROD B DETAIL NOTE 2 FOUND 5/8- IRON ROD KINDER MORGAN SURFACE SITE DRIVEWAY NATGASOLINE LLC 4.634—ACRE TRACT FILE No. 2013038596 REAL PROPERTY RECORDS JEFFERSON COUNTY, TEXAS REVISION DATE AIR LIQUIDE OS-13-2016 AIR LIQUIDE LARGE INDUSTRIES U.S. LP NO. DATE BY DRAWN BY ti MCO-2M HOUSTON, TEXAS 1. 2 CHECKED ALTA/NSPS LAND TITLE SURVEY 3. 1.563-ACRE TRACT 4. APPD JEFFERSON COUNTY, TEXAS 0 FILE & DISK SCALE 1 "= 100' JOB NO. DWG. NO. 003—APP-3013 ACoR" CERTIFICATE OF LIABILITY INSURANCE DATE /2016 /YYYY) 06/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. 500 Dallas Street, Suite 1500 CONTACT NAME: (A/C.PHONENo.Ext : A/CC No): Houston, TX 77002 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : National Union And Fire Insurance Company 014166-STAND-GAW-16-17 INSURED AMERICAN AIR LIQUIDE INC. INSURER B : N/A N/A INSURER C : 9811 KATY FREEWAY, SUITE 100 HOUSTON, TX 77024 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: HOU-002479151-09 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE INSD SWVD UER POLICY NUMBER MMIDDPOLICY/YYYY MM/DD//YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6954625 07/01/2016 07/01/2017 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE rx] OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 2,000,000 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'LAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X RO POLICY PRO LOC T PRODUCTS - COMP/OP AGG $ 6,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 12/1/13 Pipeline Crossing Agreement for FM 3514 - 2,600' east of Spur 93 Spur 93 - 950' south of Hillebrandt Rd Spur 93- 1,880'south of Hillebrandt Rd With respect to the general liability insurance evidenced above, the City of Beaumont is included as additional insured up to the limits specified and with respect to Named Insured's indemnification obligation under the referenced Agreement. trtK 111-it A 1 t r1ULUtK L;ANLtLL.A I IUN City of Beaumont 801 North Main Street, Suite 201 Beaumont, TX 77704-3827 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. David R. Hirshorn1`!P'Rl� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 4C0 OR AGENCY CUSTOMER ID: 014166 LOC #: Houston AnnITIMIA1 RFMAPWQ CrWg=nl11 P: AGENCY NAMED INSURED Marsh USA Inc. AMERICAN AIR LIQUIDE INC. 9811 KATY FREEWAY, SUITE 100 POLICY NUMBER HOUSTON, TX 77024 CARRIER NAIC CODE EFFECTIVE DATE: AUUI I IUNAL KtMAKKb THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation Continued (All polices are insured by Insurance Company Sate of Pennsylvania): Policy No.: 021569686 (AL, AR, CO, DE, GA, HI, IA, IL, IN, KS, KY, LA, MD, MI, MN, MO, MS, NC, NE, NH, NJ, NM, NV, NY, OK, PA, SC, SD, TN, TX, UT, VT) Policy No.: 02156989 (MA, ND, OH, WA, WI, WY) Policy No.: 021569691 (AK, AZ, VA) NAMED INSUREDS ON THE ABOVE REFERENCED POLICIES INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING COMPANIES American Air Liquide Inc. American Air Liquids Holdings, Inc. Air Liquide Helium America, Inc. Air Liquids Advanced Technologies U.S. LLC Air Liquide America L.P. AL America Holdings, Inc. Air Liquide USA LLC Air Liquide Industrial U.S. LP Air Liquide Large Industries U.S. LP Air Liquide Electronics U.S. LP Air Liquide Healthcare America Corporation Air Liquide Global E&C Solutions US Inc. Air Liquide Technical Services LLC Lurgi, Inc. Air Liquide America Specialty Gases LLC Air Liquide Global E&C Solutions Mexico LLC Air Liquide Holdings LLC Air Liquide LLC Progressive Resources, Inc. Well -Gen Services, LLC Plains Nitrogen, LLC Air Liquide Advanced Materials Inc. Air Liquide Advanced Materials LLC Airgas, Inc. Airgas USA LLC Panp ') of 9 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LibertX Mutual: SURETY PERFORMANCE BOND (Annual Form) Bond No. 022054777 KNOW ALL MEN BY THESE. PRESENTS, that we, AIR LIQUIDE LARGE INDUSTRIES U S LP as Principal. and licensed to do business in the State of CITY OF BEAUMONT One Hundred Thousand and 00/100 LIBERTY MUTUAL INSURANCE COMPANY TX > as Surety, are held and firmly bound unto (Obligee), in the penal sum of Dollars ( $ 100,000.00 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH. that whereas the above bounden Principal has entered into a certain written Contract with the above named Obligee, effective the 1 st day of June 2016 > and terminating the 30th day of May 2018 , for Pipeline installation within Gtv of Beaumont iudsaction and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and ellect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition: Notwithstanding the provisions of the Contract, the term of this bond shall apply from 7/6/16 until 7/6/17 and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal, by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 6th day of July 2016 I / CX /ith,,e,, t/ 1 J/ Witness/ �, Lupe Tyler (: } Agreed and acknowledged this day of Lo Obligee AIR LIQUIPeAARGE INDU*rRIES U.S. LP Pri nci LIBERTY MUJWKL INSURANCE COMPANY khomev - act Nancy Thomas , J"' �MSup4.C�0 INCORPORATED m 1912 pO �y A' MASS!•��J LMS•17125 01/06 THIi'S POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attomay limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7309465 to m Q> c ea American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companiesl, pursuant to and by authority herein set forth, does hereby name, constitute and aDooint Anoop Chawla Adlakha; Donna L. Williams; Lisa A. Ward; LuDe Tvter; Michael J. Herrod: Mvisha Jefferson: Nancv Thomas: Vanessa all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attomey-in-fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety ob5gations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of April 2016 �,t•1D Cam& `SY INS& ti1NSUR NINSUq American Fire and Casualty Company -Q 4`O '9�� P c�ra`++�to9y� J,�`�wrorce�6y�� ro+F�ryrF The Ohio Casualty Insurance Company a 1906 0 0 1919 V 1912 1991 Liberty Mutual Insurance Company m West/AfedGan Insurance Company c d�`ys uu�i�rlaD JyHAM7 14,D # 1 # * # # By. STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary c COUNTY OF MONTGOMERY = On this 1st .day of April 2016 ,before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v Casualty Company, Llberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >,W execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d C IN WITNESS WHEREOF,-[ have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. o CL 0P PAS;, COMMONWEALTH OF PENNSYLVANIA '+ p �Q oJyoNwC� Notarial Seal d o s v Teresa Pastella, Notary Public By: O OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public �P My Commission Expires March 28, 2017 N_�p�V Member, Pennsytvanis Association of Notaries Q W� a M This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance to p Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Q a� ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O c to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to ad in behalf of the Corporation to make, execute, seal, �+ d acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad, subject to the limitations set forth in their respective p powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fad under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 0) . w+ N ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, oQ and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys io-fact, as may be necessary to act in behalf of the Company to make, execute, M seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys4n-fact subject to the limitations set forth in their C cp respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. H tQ Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full face and effect and has not been revoked.- - IN TESTIMONY WHEREOF, I have hereunto seitmy hand and affixed the seals of said Companies this 6 th day of July Zf) 16 Pt30CAS& SPINS& INS"- NINSUq i 1906 0 0 1919 n > 1912 ° a 1991 s By: — Gregory W. Davenport, Assistant Secretary WMAAIi��a�'aL �ij �J Nti i� Tj R.TiAM� f 234 of 500 LMS_12873_122013 SMITHCORP REAL ESTATE SERVICES LC ALACCOUNT PO BOX 12506 BEAUMONT, TX 77726-2506 PAY TO THE ORDER OF l i CIL Corf imunatypank OF Texas FOR A47-510 5 K 2576 DATE rl //4? 114 88-1198-1131 $ ar DOLLARS u10025?Gum I:L131119831: 1102L333912ii' IVP I IF CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Air Liquide Large Industries U.S. LP Business Phone: 713 585-5689 Business Address: 3535 West 12th Street, Houston, TX 77008 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein Five hundred and no/100 dollars ($500.00) Air Liquide Large Industries U.S. LP hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Len tgth (Linear Feet) N2 Pipeline crosses SPUR 380 -660' NW of Sulphur Plant Rd 1221 N2 Pipeline crosses Ohio St. -733, NW of Sulphur Plant Rd. 56' 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission: by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) Installation will be done in accordance with all City standards and statutes of the State of Texas. M REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $ loo,000.00 The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Cel o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ngnable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Air Liquide Large Industries U.S. LP P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 3560 West 12th Street Attn: City Manager City and State of Licensee: Houston, Tx 77008 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this 2,4 day of /Vr✓e^. lr . A.D. 20 /k . ATTEST: Y= Secretary CITY OF BEAUMONT, TTEXAS By: ( �- Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Air Liquide Large Industries U.S. LP Represented by: c" jed Franzen Title p ector of RJgM Of Way \pipelines\\pipeline_license_aa ee 9 Revised 12-14-2007 I � f ti • �O Air Liquide k 9t C Planned �, ess, b Hydrogen RQ `Q Pipeline �a Q 2616 Google '- Imagery Date. 10/3/2014 30'01'40.67" N 94"03'40.45" W elev 24 ft eye alt Air Liquide Planned 10" Nitrogen +� Pipeline Air Liquide Planned 20" Hydrogen Pipeline I Air Liquide Planned Pipelines Vslve Site 0% . IFIM 7 kI. ��I 1w v m v 0 o X m v D O r`'Ti ZO m � o U _ o O G Z o m Z X O D r— cnmm C Z m z O _v m -i =5F,m m < k D. ........................ to O to O En m a .. R s D 5 cm yN; _ 0 Z o p o o m+ O r ...:.... :...:.. N m D U O: yCx DD-I :nM: c>�v rl m. a zm� N w: oma v N. O m { O D N +:...:............... o z. ... IQ : GI A Q. .N rri O O s cn Z. D. M. N: v. rrl v m+:..r $; ........ m m C. z ........ .: ... • to0 P N c_ N: + ...:........o..:... ... vlS' m 0), • V it D x m 0 NZ D v 55 C z v) r p v m � N C m D N fn M Fri 0 U) x 34+97.42 PROPERTY LINE ELEV. 23.10' 34+98.0 q BAR DITCH ELEV. 23.02' 34+99.0 TOE SLOPE ELEV. 23.34' 35+00.9 TOP BANK ELEV. 24.79' 35+17.5 EDGE ASPHALT ELEV. 25.16' +:...:.. ............ ...: N• to o cn 0 Ul f Z�4+89.9� 34+94.4_ 34+96.8� 34+97.42 34+98.0 4+99.0 35+00.9 35+03.4-- re 35+16.8 (n 35+17.5 C c _v 35+33.3 .Z H 0 35+46.6 v 135+57.5 `sso 2 � . 35+57.5 M.L.K. Jr. BLVD. II M'� K Be ELEV. 25.00' No Z I VOb 35+97.1 EDGE ASPHALT ELEV. 25.02' 36+19.45 RIGHT OF WAY ELEV. 25.23' I; 1 I I fz CO w r• o wd w� � v �l0 u O U) X in O Z Mjl� v Q IA o Z x z o v_ v . m z z Z m v � 35+97. mz� 35+97.9 Z-C m �r35+99.9 m C C z w w � � o z 36+14.4 36+19.4 I I FENCE LINE -TOE SLOPE ;0/H POWER LINE PROPERTY LINE BAR DITCH w` . 12" H2O, 4.4' COV. \ TOE SLOPE TOP BANK \ 'BACK OF CURB EDGE ASPHALT\ L m m STORM DRAIN = 12" MARTIN PIPELINE _ (f) M.L.K. JR. BLVD. m O C Z D fTl X N � EDGE ASPHALT Io�BACK OF CURB 0 8" S.S. LN., 5.3' COV. 111111 F.O. CABLE, 4.0' COV. `��---PROPERTY LINE z I 0 0 I 0 M I 43+89.133 PROPERTY LINE ELEV. 24.b6' 43+89.83 PROPERTY LINE co m 0 > M :5, C-) Z re !? _ .0 44+10.9 TOP BANK 44+10.9-0 0 _T - TOP BANK o Ln z Z PD 2 -0 .......... .. 44+27.7 ELEV. 22.14' T BAR DITCH M ::44+21.4-0 -- - -- TOE SLOPE cm .0 i i i i ELEV. 19.02' _'-�S_TOE BAR DITCH--__ > p 4 44+37.3 TOP BANK ELEV. 22.22' -44+27.5 _44+3773_' SLOPE Z-TOP BAN K- - - m 0 A . . . . . . 44.6 EDGE GRAVEL ROAD ELEV. 22.12- ROAD 44+44.6 2 -to-EDGE > �j ;u =1 GRAVEL ROAD -- _0 0 > d m 0 > A . . . . . . . . : 44+61.7 EDGE GRAVEL '0 -4_4_+6_1._r_-:R__0lZ-EDGE GRAVEL ROAD m o a) q CD" + . > <0 -944+66.1 ELEV. 21.74' TOE SLOPE c: r, 44+66.1 m r_ z --04:2-TOE M J-D Z m SLOPE ELEV. 21.14' m z .... ............. :e z m c_ -0 m c_ 0 C'u I :w. - 45+02.9 TOP BANK EIL 45+02.9-p� ME m TOP BANK ------- m --rj 45+12.2 ELEV. 27.31' EDGE ASPHALT ;u 0 > 45+12.2-5"9-- EDGE ASPHALT� > FT 287 ELEV. 28.06' 45+24.50 HIGHWAY 69, 96, & i33. BOUND)----- > 45+36.B EDGE ASPHALT _'>_7�_(SOUTH 3 c 0 ELEV. 29.97' 45+36.& ED GE ASPHALT� c_ 0 Ln _u 45+47.1 TOP BANK - - -- - -- M 0 r- q M ELEV. 30.12' 45+47.1 -- - -- TOP BANK C) C) c/) m M 0 45+61.2 Z DITCH ELEV. 28.31' Ln 45+61.2-*' '15- Z Z DITCH m 0 = N C/) > . . . . . . . . ...... : r 45+76.6 TOP BANK - 745+ 76.6- TOP BANK - -- - -- 0 z -< 0 m z 5 2� 45+79.8 ELEV. 29.71"eN EDGE ASPHALT 45+79.8 EDGE ASPHALT < 0) 0 ELEV. 29.98 - - - - - - - m - - - - - C :cb: . . . 45+9B.00 is CTFlGff_WAY 69, 96, & 287 --- z M 0 = 0 m . . :bo. c' . ; : : : : 46+16.1 EDGE ASPHALT - a' I NO RTH BOUND) ME ASPHALT > M X I ELEV. 32.93' 46+16.1- 4% L > m c: z L> ;0 . . . . . . . . . . . 45+26.1 TOP BANK 0 ELEV. 33.40' 46+26.1 z 1 -T(:50- BANK--- m N3 x oo > Ma Zi 4. m Fl x En m . . . . . . . U) U) in 0. M: 46+66.6 ro TOE SLOPE m 46+66,6 TOE SLOPE u ELEV. 20.83' 46+83.0 I BACK OF CURB 46+83.7 46+97.1 EDGE CONCRETE ELEV. 19.53' Z OHIO STREET 18.98' 46+83.7 .46+97.1 EDGE CONCRETE OHIO STREET - - - - - - - - - - - - 0 0 p- 0 M in 0 > Fn Fn z ............ . .......... . . . . . . . . . ELEV. 47+10.0 EDGE CONCRETE z > p 47+10.0 EDGE CONCRETE -47+10.8 QACK OF CURB .. 12" WATER LINE 68' COV ELEV. 18.71' 12" WATER, 6.8' COV. .._--_­--;_,47+19,9 ELEV. 19.28' 7 77 2�.g 0 Ul ... ... .. ... .. ... ... ... 47+24.87 PROPERTY LINE 0) 0 0 0 0 "0 19 ELEV. 19.45' \ JEFFERSON COUNTY, TEXAS \ CITY OF BEAUMONT - CITY LIMITS 0 150 300 us PROP09E0 10' NANO wiFR lME -r sxEx - rw ro �""//' / \• � me-aw u` CITY OF BEAUMONT - CITY UMITSJ \• CITY OF BEAUMONT - CITY OMITS '•� PIPELINE SPECIFICATIONS: 10.750" O.D. x 0.307" W.T., API-51- X-52, PSL2, NORMAILIZED ERW, TRL, PEB, 14-15 MILS FBE COATING with 20 MILS ARO PROPOSED 10" PIPE LENGTH: 1,257.52 FEET OR 0.24 MILES. I I I I AIR UOUIDE U.S. PROPOSED 10' NITROGEN PIPELINE LAIR LIQUID URGE INDUSTRIES LP CITY OF BEAUMONT HOUSTON TEXAS JEFFERSON COUNTY TEXAS 007-DCV-3027 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 Planned Air Liquide pipelines valve site PROPERTY LOCATION N 13,955,877.1070 E 3,532,279.0450 69\\��1� SULPHUR PLANT ROAD WAY , 96 HIGH ' & 287 \ VICINITY MAP - N.T.S. NOTES — SUMMARY OF EASEMENTS (SECTION 6C): le.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MARTIN OPERATING PARTNERSHIP L.P. BY INSTRUMENT DATED JUNE 05. 2015. RECORDED IN CLERK'S FILE NUMBER 2015021768, REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS. (AFFECTS SUBJECT PROPERTY, PLOTTED HEREON.) 2e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PIPE LINE COMPANY BY INSTRUMENT DATED SEPTEMBER 2B, 1942, RECORDED IN VOLUME 520, PACE 347 OF THE DEED RECORDS OF JEFFERSON COUNTY. TEXAS (AFFECTS SUBJECT PROPERTY. PLOTTED HEREON.) 3e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF UNITED TEXAS TRANSMISSION COMPANY BY INSTRUMENT DATED AUGUST a 1984, RECORDED IN CLERK'S FILE NUMBER 100720097, REAL PROPERTY RECORDS OF JEFFERSON COUNTY. TEXAS (DOES NOT AFFECT SUBJECT PROPERTY. PLOTTED HEREON.) 4e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF COLONIAL PIPELINE COMPANY BY INSTRUMENT DATED DECEMBER 18. 1962, RECORDED IN VOLUME 1327, PAGE 273 OF THE DEED RECORDS OF JEFFERSON COUNTY. TEXAS. (AFFECTS SUBJECT PROPERTY. PLOTTED HEREON.) 5e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MOBIL OIL CORPORATION BY INSTRUMENT DATED OCTOBER 11, 1966, RECORDED IN VOLUME 1484. PAGE 478 OF THE DEED RECORDS OF JEFFERSON COUNTY. TEXAS. (AFFECTS SUBJECT PROPERTY. PLOTTED HEREON.) 6e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF GULF PIPELINE COMPANY BY INSTRUMENT DATED JANUARY 16, 192Z RECORDED IN VOLUME 213. PAGE 42 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 7J) GRANT OF EASEMENT AND RI471T OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA PETROLEUM COMPANY BY INSTRUMENT DATED FEBRUARY 24, 1922, RECORDED IN VOLUME 213, PAGE 636 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) Se.) GRANT OF EASEMENT AND RIGHT OF WAY. ORIGINALLY IN FAVOR OF MAGNOLIA PETROLEUM COMPANY BY INSTRUMENT DATED JULY 23. 1924, RECORDED IN VOLUME 243, PAGE 451 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 9e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF MAGNOLIA GAS COMPANY BY INSTRUMENT DATED OCTOBER 28. 1929. RECORDED IN VOLUME 333, PAGE 329 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) 10e.) GRANT OF EASEMENT AND RIGHT OF WAY, ORIGINALLY IN FAVOR OF DEFENSE PLANT CORPORATION BY INSTRUMENT DATED APRIL 25, 1944, RECORDED IN VOLUME 549. PAGE 389 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. (UNABLE TO PLOT DUE TO VAGUE LEGAL DESCRIPTION.) RFVISInN DATE NO.I DATE 3. 4. 05-13-2016 BY DRAWN BY MCO-2M AIR LIQUIDS a AIR LIQUIDE LARGE INDUSTRIES U.S. LP HOUSTON, TEXAS CHECKED ALTA/NSPS LAND TITLE SURVEY 1.563-ACRE TRACT APP'D JEFFERSON COUNTY, TEXAS ROAD FILE & DISK SCALE 1 "= 100, JOB NO. DWG. NO. 003-APP-3013 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 S0 700. ��9tiS9 Planned Air Liquide 00�,'�'.s pipelines valve site ctiT 9i�� � 0,<, 0 DARREN L. CREEL J 0 50 100 1—ACRE TRACT FILE No. 2006015616 GENERAL NOTES: REAL PROPERTY RECORDS FO D 1 1/2- 1.) FLOOD INSURANCE RATE MAP JEFFERSON COUNTY, TEXAS I N PIPE COMMUNITY PANEL NUMBER 4854570010D FOUND Y REVISED AUGUST 6, 2002 IRON PIPE / FLOOD ZONE CLASSIFICATION: X 2.)FOR THE LOCATION OF UNDERGROUND / UTILITIES FOUND DURING FIELDWORK SEE PAGE 3 OF 3. 3.) ALL HORIZONTAL CONTROL IS REFERENCED 4.1 TO THE TEXAS STATE PLANE COORDINATE SYSTEM, LAMBERT PROJECTION, NORTH AMERICAN DATUM OF 1983 (NAD83), SOUTH CENTRAL ZONE (U.S. SURVEY FOOT). Rh �/ SEE PAGE OF 3 NOTE 4e `SEE PAGE 2 OF \ \ \ \ SEE PAGE 2 of 3 P.P. / / NOTE 1e FOUND 1/2- % P.P. P SEE PAGE 2 OF 3 \\ \\ \ / IRON ROD NOTE 5e \♦ \\\� \\ FOUND 5/8- POINT OF BEGINNING FOUND 1.563 ACRES `� `\�\ `� IRON ROD N 13,955,877.1070 CALLED 1.665 ACRES E 3,532,279.0450 \ PORTION OF TRACT 10—B \ \ j VOLUME 692, PAGE 22 DEED RECORDS \`♦ \ / + JEFFERSON COUNTY, TEXAS P.P. NO BUILDINGS OBSERVED h*j j //SEE PAGE 2 OF 3 NOTE 3e ev P.P. / Q�3 y�0 9� `\�\ FOUND 5/8- <` IRON ROD % NATGASOLINE LLC 4.634—ACRE TRACT FOUND 2' `� FILE No. 2013038596 rl� 9 IRON PIPE \ REAL PROPERTY RECg9 LEGEND: t9 \ JEFFERSON COU v�? -�' , S 84*30'19' W O.H. POWER LINE —•—+— 1,0 � "' r 23.89' �' GRAVEL DRIVEWAY PROPERTY LINE / •�r� SURVEY LINE --- 9Fs� \ g` 0 ANTER LINE SEMENT LINE MARCr. FENCE—■—x—Y—■— R POLE PROPERTY P.P. RTY CORNER Or �►�''`�'�� THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED t WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS MARC TTE, R.P.L.S. No' - FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND FIRM NUMBER 10008400 NSPS, AND INCLUDES ITEMS 1, 3, 4, 11, AND 13 OF TABLE A THEREOF. THE FIELDWORK 2310 OWEN STREET, ALVIN, TEXAS 77511 WAS COMPLETED ON MAY 03. 2016. PHONE NO. 281-388-0426 REVISION DATE 05-13-2016 AIR LIQUIDE FILE & DISK NO. DATE BY AIR LIQUIDE LARGE INDUSTRIES U.S. LP DRAWN BY HOUSTON, TEXAS 1 MCO-2M SCALE 1 "= 100' 2 CHECKED ALTA/NSPS LAND TITLE SURVEY JOB NO. 3. 1.563-ACRE TRACT DWG. N0. 4. APPD JEFFERSON COUNTY, TEXAS 003—APP-3013 EXHIBIT "B" JEFFERSON COUNTY, TEXAS PELHAM HUMPHREY SURVEY, A-32 00 00 yT � o,�, O 'y990 DARREN L. CREEL J 1—ACRE TRACT FILE No. 2006015616 REAL PROPERTY RECORDS FOUND 1 1/2" JEFFERSON COUNTY, TEXAS FOUND 2" IRON PIPE IRON PIPE-- \N\E ER MORGAN PIPELINE\ MARTIN GAS PIPELINE XXONM0 IL PIPELINE ,ENTERPRISE PIPELINE COLONIAL PIPELINE---' P.P. p.p. EXXONMOBIL PIPELINE FOUND 1/2" EXXONMOBIL PIPELINE IRON ROD \ EXXONMOBIL PIPELINE P-P. P�e�{gJ� Q �J- FOUND 2" lyo 9 IRON PIPE '\ \ 96 FOUND DB• IRON RO DETAIL NOTE 2 I 0 50 100 FOUND D \ IRON ROD i i `KINDER MORGAN SURFACE SITE GAVEL DRIVEWAY NATGASOLINE LLC 4.634—ACRE TRACT \ FILE No. 2013038596 REAL PROPERTY RECORDS JEFFERSON COUNTY, TEXAS REVISION DATE AIR LIQUIDE 05-13-2016 AIR LIQUIDE LARGE INDUSTRIES U.S. LP NO. DATE BY DRAWN BY m 1. MCO-21V! HOUSTON, TEXAS 2 CHECKED ALTA/NSPS LAND TITLE SURVEY 3. 1.563-ACRE TRACT 4. APPD JEFFERSON COUNTY, TEXAS 0 FILE do DISK sc;ALt 1 "= 100' JOB NO. DWG. NO. 003—APP-3013 CERTIFICATE OF LIABILITY INSURANCE DATE O6/30/2016 /YYYY) 2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. 500 Dallas Street, Suite 1500 CONTACT NAME: A/c° No Ext : A/C No): Houston, TX 77002 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union And Fire Insurance Company 014166-STAND-GAW-16-17 INSURED AMERICAN AIR LIQUIDE INC. INSURER B : N/A N/A INSURER C : 9811 KATY FREEWAY, SUITE 100 HOUSTON, TX 77024 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: HOU-002479151-09 RFVISION N11MRFRc1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MWDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 6954625 07/01/2016 07/01/2017 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 2,000,000 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY PRO- ❑ LOC JECT GENERAL AGGREGATE $ 6,000,000 PRODUCTS -COMP/OP AGG $ 6,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 12/1/13 Pipeline Crossing Agreement for FM 3514 - 2,600' east of Spur 93 Spur 93 - 950' south of Hillebrandt Rd Spur 93-1,880' south of Hillebrandt Rd With respect to the general liability insurance evidenced above, the City of Beaumont is included as additional insured up to the limits specified and with respect to Named Insured's indemnification obligation under the referenced Agreement. City of Beaumont 801 North Main Street, Suite 201 Beaumont, TX 77704-3827 h_1►1"M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. David R. Hirshorn1`7P_ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY Marsh USA Inc. POLICY NUMBER CARRIER ADDITIONAL REMARKS AGENCY CUSTOMER ID: 014166 LOC #: Houston ADDITIONAL REMARKS SCHEDULE NAMED INSURED AMERICAN AIR LIQUIDE INC. 9811 KATY FREEWAY, SUITE 100 HOUSTON, TX 77024 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation Continued (All polices are insured by Insurance Company Sate of Pennsylvania): Policy No.: 021569686 (AL, AR, CO, DE, GA, HI, IA, IL, IN, KS, KY, LA, MD, MI, MN, MO, MS, NC, NE, NH, NJ, NM, NV, NY, OK, PA, SC, SD, TN, TX, UT, VT) Policy No.: 02156989 (MA, ND, OH, WA, WI, WY) Policy No.: 021569691 (AK, AZ, VA) NAMED INSUREDS ON THE ABOVE REFERENCED POLICIES INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING COMPANIES American Air Liquide Inc. American Air Liquide Holdings, Inc. Air Liquide Helium America, Inc. Air Liquide Advanced Technologies U.S. LLC Air Liquide America L.P. AL America Holdings, Inc. Air Liquide USA LLC Air Liquide Industrial U.S. LP Air Liquide Large Industries U.S. LP Air Liquide Electronics U.S. LP Air Liquide Healthcare America Corporation Air Liquide Global E&C Solutions US Inc. Air Liquide Technical Services LLC Lurgi, Inc. Air Liquide America Specialty Gases LLC Air Liquide Global E&C Solutions Mexico LLC Air Liquide Holdings LLC Air Liquide LLC Progressive Resources, Inc. Well -Gen Services, LLC Plains Nitrogen, LLC Air Liquide Advanced Materials Inc. Air Liquide Advanced Materials LLC Airgas, Inc. Airgas USA LLC Page 2 of 2 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 10� Liberty Mutual SURETY PERFORMANCE BOND (Annual Form) Bond No. 022054777 KNOW ALI, MEN BY THESE PRESENTS, that we, AIR LIQUIDE LARGE INDUSTRIES U S LP as Principal, and licensed to do business in the State of CITY OF BEAUMONT One Hundred Thousand and 00/100 LIBERTY MUTUAL INSURANCE COMPANY TX , as Surety, are held and firmly bound unto (Obligee), in the penal sum of Dollars ( $ 100,000.00 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain written Contract with the above named Obligee, effective the 1 st day of June 2016 and terminating the 30th day of May 2018 , for P1De41ne installation within City of Beaumont iuftdction and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition: Notwithstanding the provisions of the Contract, the term of this bond shall apply from 7/6/16 until 7/6/17 and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal, by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 6th day of JUIY AIR LIQUID kARGE INDUWrRIES U.S. LP ihless l/ Prim P LIBERTY Witness Attome Lupe Tyler Agreed and acknowledged this day of By: Obligee INSURANCE COMPANY Nancy Thomas A�J<60'02 U 4c, 0 9 m INCORPORATED � 1912 z 00 AIASSAGNJg� LMS-17125 01106 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 73ON65 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companiesl, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anoop Chawla Adlakha; Donna L. Williams; Lisa A. Ward; Lupe Tyler; Michael J. Herrod; Myisha Jefferson; Nancy Thomas; Vanessa Dominguez; Wendy W. Stuckey all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attomey4n-fad to make, execute, seat, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of April 2016 0C�SL9` JP`SYINS& Jr014SLIP NM5Uq,,yf American Fire and Casualty Company The Ohio Casualty insurance Company ° 1906 0 o t9t9 > 1912 ° 1991 i Liberty Mutual insurance Company 3 o f m ,ro s West American In Dsurance Company bK'hAMiS laD # 1 # # • By: STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY On this 1st . day. of April 1 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 5P PAsr COMMONWEALTH OF PENNSYLVANIA�Qt oJ#o"w�f Notarial Seal v Teresa Pastella, Notary Public By; OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public My Commission Expires Mare 28, 2017 Member, PenneytvanieAcaoctaGonofNotaries This Power of Attorney is made and executed pursuant to an Pby authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fad under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XiII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizancers and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and exertion of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unartimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.- - . . IN TESTIMONY WHEREOF, I have hereunto set -my hand and affixed the seals of said Companies this 6 th day of July 20 16 � �Pr10 CA,$' s < 1906 a o 1919 n _ 1912 ° a 1991 By. d�aD Gregory W. Davenport, Assistant Secretary 234 of 500 LMS_12873_122013 No Text SMITHCORP REAL ESTATE SERVICES LC AL ACCOUNT PO BOX 12506 BEAUMONT, TX 77726-2506 PAY TO THE ORDER OF/ 7 2577 DATE i 88-1198-1131 L $ `4 > ie-a DOLL Kilk CommunityBank FOR "" 2-2501' 115002577u' i:113LLL9831: 1102L333912n'