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HomeMy WebLinkAboutRES 22-0091 RESOLUTION NO. 22-009 WHEREAS, on April 7, 2015, the City. Council of the City of Beaumont, Texas approved Resolution No. 15-062 granting Enterprise Logistic Services, LLC a License to Encroach into city -owned property at 6375 Walden Road, which is the. location of Fire Station No. 5, which described as being in the northeast two hundred by three hundred forty fee (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping onto city -owned property as.described in and shown on Exhibit 1," attached hereto and made a part hereof; .and, WHEREAS, on December 15, 2015, the City Council of the City of Beaumont, Texas approved Resolution No. 15-285 granting Enterprise Logistic Services, LLC a License to Encroach into city -owned property at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 4, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (27) diameter ground water monitoring well overlapping into city -owned property as described in and shown on Exhibit "2," attached hereto and made a part hereof; and, WHEREAS, on November 8, 2016, the City Council. of the City of Beaumont, Texas approved Resolution No. 16-227 granting Enterprise Logistic Services, LLC a License to Encroach into city -owned property located approximately ten feet (10') north of Walden Road, approximately 0.5 miles west of Interstate 10, located across from Fire Station No. 5 located at 6375 Walden Road, which is described as being in Block 4, Tract No. 2 and Block .4, Tract No..4 of the T.H. Langham Subdivision, to the City of Beaumont. The encroachment bei.ng two (2) proposed two inch (2") diameter ground water monitoring wells overlapping onto city -owned property as described in and shown on Exhibit "3," attached hereto and made a part hereof; and, WHEREAS, in order to confirm and access chemicals of concern in the soil and groundwater, these monitoring wells were needed to completely delineate the impact of chemicals of concern in the groundwater; and, WHEREAS, Enterprise Logistic Services, LLC, remediated the groundwater after conducting semiannual sample tests; and, WHEREAS, the Texas Commission on Environmental Quality (TCEQ) Texas Risk Reduction Program requires that a Restrictive Covenant must be filed to provide information concerning environmental conditions and use limitations found at 30 Texas Administrative Code (TAC), Chapter 350 as it affects city real property located at 6375 Walden Road; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a Restrictive Covenant between the City of Beaumont Texas and Texas Commission on Environmental Quality (TCEQ) Texas Risk Reduction Program to provide information concerning. environmental conditions and use limitation found at 30 Texas Administrative Code JAC), Chapter 350 as it affects city real property located at 6375 Walden Road. The Restrictive Covenant is substantially in the form attached hereto as Exhibit "4" and made a part hereof for all purposes. . The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January,.2022. _Ar—'r���►��y`�1 I C3 - Mayor Robin Mouton - RESOLUTION NO.15-062 WHEREAS, Enterprise Logistic Services, LLC has requested that the City of Beaumont grant a License to Encroach into city -owned property at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping onto city -owned property described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, time; WHEREAS, it appears that it would be equitable to allow such encroachment at this NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in . all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Enterprise Logistic Services, LLC to encroach into city -owned property located at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping into city -owned property, as EXHIBIT "1" described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2015. LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal * corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" or "City" and Enterprise Logistics Services LLC, a Texas Limited Liability Company, herein called "Licensee,". contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — endroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station #5, and more particularly described as: The northeast two hundred feet by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit "A', attached. NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of rernediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify.Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring Well and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Page ( of EXHIBIT "A" -The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust; modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local Health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such stucture. In the event the City of Beaumont, by resolution of the City Council, determines it needs the Subject Property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remamhig property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of Licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from Licensee's encroachment on the Subject Property through the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, performs maintenance and construction to the Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. In doing so, Licensor and any franchised *entity of Licensor shall not be liable to- Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. hi addition, Page 2 of 3 Licensee 'shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer plain should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the termination of this agreement. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistics Services LLC at 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2015. LICENSOR: LICENSEE: Enterprise Logistics Services LLC CITY OF BEAUMONT By: By: Kyle Hayes City Manager Printed Name: Title: Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the - day of , 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the _ day of , 2015, by , of Enterprise Logistics Services LLC. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, Texas 77704 Page 4 of 4 Notary Public, State of Texas GROUND SURFACE H :H) JG Enterprise' Logistical Services LLC Beaumont Terminal 6355 Walden Road Apex TITAN, Inc. Beaumont, Texas . 7M Broadway Steel, Sulla 10.0 GROUNDWATER Son Mlo*, Teroae 47.694121N,-103.259223W Phone: MO) 8a0-9m MONITOR WELL SCHEMATIC Affk vnnvaaexcos.cam A Subsidiary o/Apex Campanfas, LLC Project No. 7010213GO20 7 PGS 2015@11580 LIC LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" or "City" and Enterprise Products Operating LLC, a Texas Limited Liability Company, herein called "Licensee," contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station #5, and more particularly described as: The northeast two hundred feet by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit "A', attached. NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring- Well and for incidental purposes related thereto during the term of tlris license or until termination thereof Said license shall terminate upon removal or demolition of said encroachment. Page r of 4 The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust, modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structures. In the event the City of Beaumont, by resolution of the City Council, determines it needs the Subject Property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of Licensor against, and pay in fall, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from Licensee's encroachment on the Subject Property through the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Page 2 of 3 0 Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for ties agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson Comity, Texas by Licensor. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall sinvive the termination of this agreement. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Products Operating LLC at 1100 Louisiana Street, Houston, Texas 77002. IN WITNE S, WHEREOF, the parties hereto have executed this agreement as of the 2--2i day of 2015. LICENSOR: LICENSEE: Enterprise Products Operating LLC -- ---- CITY OF BEAUMONT By By. J Kyle Hayes City Manager Printed Name: l' i �Lair Title: Agent and Attorney -in -Fact Page 3 of 4 STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENTS X This instrument was acknowledged before me on the 154 day 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said -roiporation. �f1Y pV�� ANGELANAW-THOMAS / My! � ortlmission Expires Notar blie, State of Texas December 7. 2.016 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the,Z day of 2015, by Hof Enterprise Products Operating, LLC. RLTUM TO: City of Beaumont ,Antoinette Hardy - i{ngineemg P. O. Box 3827 Bbaumont, Texas 77704 Page 4 of 4 otary Public, State- of Texas JASON:ORET My Csr Miumn EWM May 26.2016 °'+era.. ' ita •. l "t'' =rar^r i F+.. <• _ �l T'_ Srl END _ -et� - _ :`.� .Y-;_•( .::`...�t:-: � :1,:' ':fin .. '••'• :r�, •r.. + '. ;, -'' 1.EE '•1� ` :. - re ... a ;•.- ' - v' i .., e •i .. �2' ? • i.. 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'•, :h; '-.'T�- ' _'°.<.+z•�'e,.y�'-''i;t,+ . ;�-1�t,'ti:4,4 B6 Fi 35SVY ald TenatRmak�Project ia nde l a2Z RD 3i RarFl ing ng -fi M.. - *.,.,y^;''7 ` +y:F.. re •.r• a �, Well Location 'IYa.eari.avu„a�wnn,a�.C.•L'AI 1n' .1 Ni]'4WRawu4e ,:•N•II .""�,' .r ._ „,�a�+�F,',.y _ •+.. �t _ - GROUND SURFACE Enterprise Logistical Services LLC Beaumont Terminal 6355 Walden Road Beaumont, Texas 47.694121N,-103.259223W Project No. 70102136020 Apex TITAN, Inc. 7979 Broadway$Lrael, Sulle 7G0 9anAntanhTexaa Phone (M) 8044922 NMWAnpmpo& In ASuba(d/eryGYApexCOMPRO r,LLC ;H �H) UO GROUNDWATER MONITOR WELL SCHEMATIC 'Enter . , � Wt cm. March 7, 2018 Dr. Joseph Majdalani Director of Public Works City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Re: Request to Extend License Monitoring Well 6375 Walden Road Beaumont, Texas Recorded Jefferson County Clerk File No. 2015011580 Our Agreement No: L3056 Dear Dr. Majdalani: In accordance with the License to Encroach effective April 2, 2015, by and between the City of Beaumont, as. Licensor and Enterprise Products Operating LLC, as Licensee (Recorded Jefferson County Clerk File No. 2015011580), we are hereby notifying the City of Beaumont of our intent to continue to use the monitoring well located at 6375 Walden Road, Beaumont, Texas; at the location of Fire Station #5. 1 have enclosed the License to Encroach for your reference. Please let us know if there are additional steps we need to take to extend this license. Please acknowledge your receipt of this notification and payment by signing -below, in the space provided, one of the two originals of this letter and returning it in the pre -addressed, postage -paid envelope provided for your convenience. Please retain the second original for your records. If you have any questions, please feel free to contact me at (281) 887-3362 or via e-mail at bg oul(g,eprod.com. Sincerely, Gina Boul Land Department The above has received notification This 'd sjday of /nk , , 2018. L l L P.O. Box 4324 Houston, Texas 77210-4324 9420 W. Sam Houston Pkwy Houston, Texas 77064 RESOLUTION NO. 15-285 WHEREAS, Enterprise Logistic Services, LLC has requested that the City of Beaumont grant a License to Encroach into city -owned property at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping onto city -owned property described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Enterprise Logistic Services, LLC to encroach into city -owned property located at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed EXHIBIT "2" two inch (2") diameter ground water monitoring well overlapping into city -owned property, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2015. 7" LICENSE TO ENCROACH STATE OF TEXAS X COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" or "City" and Enterprise Logistics Services LLC, a Texas Limited Liability Company, herein called "Licensee," contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station #5, and more particularly described as: The northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring Well and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Page 1 of 4 EXHIBIT "A" The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust, modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the Subject Property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of Licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from Licensee's encroachment on the Subject Property through the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Page 2 of 3 Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the termination of this agreement. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistics Services LLC at 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2015. LICENSOR: CITY OF BEAUMONT By: Kyle Hayes City Manager LICENSEE: Enterprise Logistics Services LLC By: Printed Name: Title: Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the _ day of , 2015, by of Enterprise Logistics Services LLC. l _ IM MI ►ICI 63 City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 GROUND SURFACE :H -H) UG Enterprise Logistical Services LLC Beaumont Terminal 6355 Walden Road Apex TITAN, Inc. Beaumont, Texas 79M Broadway Street, Soue 10D GROUNDWATER San Ammeo, Texas 47.694121N,-103.259223W ® Phone., MO)804-s922 MONITOR WELL SCHEMATIC Www-80excos.cm A Subsidiary &Apm Companies, UC Project No. 7010213GO20 LEGEND `;+ ti s 2 1,y7 ,r� w `M �*f ? r. w. -,ti;� y k `r ,7 ..+. "C i.,K •" � �� ,fir x*'•'tsx�s�^,.; .t i � a , :. � � .: � f 'k'C',. '� � r+ th L � '� ; t ? ` !• �.��' h� '+';' 1 t M7..��� � � � r a>>� Sv. �`,r,� :rt� r+ f �y t � PROPERTY BOUNDARY ",,;,�.� ,.+;. ,.�" , '*'^ � yy Y.E •.-� ,n �• - - •• '� � �a "'(„a. +v d �i t,� .� PROPOSED MONfTORING WELL �r� �'a._ "' *cnj.�J�,,.,�r� 't�r'�" i �;+�<'�ks ' "� .�� s �.,.�!t,'? t+,. _ _ 1 '�G'��.ea;�3�ii�;'���4 ? � y . •� '° � * �'�.} 1 c� �,� � v.' ''�q"''+i`�°"� =,r TI Z. �:'"'a7""`4'Y�*�,�J i�' L7'^:�kt �' r3'..`�"f ���". i� "'�` ' ;'��c ,-£C.�{ «r`.".�`���#�,, ��Cr`a�°'�+,` .'.i"E '�'Y'w t �t ,:r�z�y<�* 3.,r3r, "z 'S "� jS-.: �.''>•Mcr .7 i ^' G,.L sK..^ t r p-+„ '4 � 17' . � .�=� �"-...i- � ^_.zr.,..a. J:�",..+..,.'c•..1.;�;-�fb'�a.�"�ita...a.%w`�a.a`7.�'+�a a'�.� _ _.,+ "'...'.idta�_gai�' "4 T+'..- : a _ ..,.�. '�'.-fin WALDON ROAD- - ..•,��.. a.: �'�=r' S� '��. sea x>t...k .�...:..rw r�Y a�ii:si.'1'�r _ �=i':,1�',r,,. 'u�`�`m'�t�'"�..� '�.`"".wr� f-""y�'•� "9 ��W,`.T �` f 7 ;c"'� y.mG j PSG Kfl� 4 } #� x +' „�+?J "'Z•.`�� Ait% , {r PROpOSEmolllTE:r {MONITORINf`a;1 -eT T �,. d' r✓ t 1 4 f}kyz�- f ..s_ ice•,. ., x1,ap �- �+ r4L /Y M ,�rgta 3`�f.� � ,rC ..:i�F *`�((�� '+,'*•, �3=�'.. "'�' y g' _.. g•� i 2�rr � �4 � g 3 .v.• , .n p ',��ttyy�� i 1�Y t F r �� jr� ,r ;n� s. � � - ,'"" �wt l+ f� • _• .,z^�,a^ f� ,�3 t- �. `� ��` tyTc, a ('fix y�.,' [" R. a'T. '('; •. t ��,x'� �e��"' F '� ��` �y;r`t o��, .tl f' � �+y���✓�,�Yy�,Y``,� }� 4^ �; K � ' • �� � '�." `�>, v c"+u�� ��'` �^e�,r; ..ti :': t.•''ms'�x.'�7+.�''s-?s�+',a�'.�. i'.<'1d.`�.+i�.x`R: .'�`e a"'h �.... �'. ? - «_i'1.','',$�#b.`h�ik<SF p 6 " a •- �Yx o�oo V=100' Apex TITAN, Inc. >oroa�wft�s."100 ban lunm'u Tun Vnar: (tr'�O�1 NMWiD A iW,dAq dApv Cu�p+Nrs.11C nterprise Logistical SeMces LLC eaumont Terminal 35S Walden Road eaumont, Texas 7.694121N,-103,259223W roject No. 7010213GO20 FIGURE 1 Off -Site Monitoring Well Location I�IM'ARI�IYIAWI�I�WIRVllIW ,," 3015841171 LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" or "City" and Enterprise Logistics Services LLC, a Texas Limited Liability Company, herein called "Licensee," contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station #5, and more particularly described as: The northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring Well and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Page 1 of 4 The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust, modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the Subject Property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of Licensor against, and pay in full, for all claims, losses, damages, law, suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from Licensee's encroachment on the Subject Property through the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Page 2 of 3 Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the termination of this agreement. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistics Services LLC at 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the /7 day of 13 G V , 2015. LICENSOR: CITY OF BEAUMONT By_ Kyle Hayes City Manager LICENSEE: Enterprise Logistics Services LLC By: f Printed Name: Title: 19d/�dN� Page 3 of 4 STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENTS M 14 This instrument was acknowledged before me on the f 6""i day of 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. 1A)� iq )fl ANGELA MARIE THOMAS My Commission Expires December 7, ?O16 No Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the 0day of Otce+nber , 2015, by Lgir , A5e4 mn rmej�;,&Bnterprise Logistics Services LLC. - — — �1 JASON MICHAEL SHELL :? • ;� Notary Public, State of Texas My Commission Expires October 31, 2016 h/um„O. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Page 4 of 4 o ?Public, State of Texas GROUND SURFACE Enterprise Logistical Services LLC Beaumont Terminal 6355 Walden Road Beaumont, Texas 47.694121N,-103.259223W Project No. 7010213GO20 Amouuon Sa &\Dafrin¢X.San Antonio 0; Apex TITAN, Inc. ML 7M Broadway Street, Suite 100 San Antorao, Texas Pima: (210) 804.9m JWk vnvw.aoeXMS.00M A Subsldlary ofApex Companies, LLC 02/19/15 ;H :H) JG GROUNDWATER MONITOR WELL SCHEMATIC 4 F� 7 -,PROPOSED OFFSITE MONdORINdW-91.1. a ;t "N" U, �n fw� �17 U WALOON ROAD v AR I 3 �71 'Q LEGEND PROPERTY BOUNDARY PROPOSED MONITORING. WELL Apex TITAN, Inc. A S.&"�1PfArviCowpw*LLLC Enterprise Logistical Services LLC A Beaumont Terminal E355 Walden Road J eaumont,Texas 47.694121N, -203.259223W Project No. 7010213G020 FIGURE 1 Off -Site Mo nitoring Well Location 1" 1001 XXX RESOLUTION NO. 16-227 WHEREAS, Enterprise Logistic Services, LLC has requested that the City of Beaumont grant a License to Encroach into city -owned property located approximately ten feet (10') north of Walden Road, approximately 0.5 miles west of Interstate 10, located across from Fire Station No. 5 at 6375 Walden Road, which is described as being in Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T.H. Langham Subdivision, to the City of Beaumont. The encroachment being two (2) proposed two inch (2") diameter ground water monitoring wells overlapping onto city -owned property described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Enterprise Logistic Services, LLC to encroach into city -owned property located approximately ten feet (10') north of Walden Road, approximately 0.5 miles west of Interstate 10, located across from Fire Station No. 5 at 6375 Walden Road, which is described as being in Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T.H. Langham Subdivision, to the City of Beaumont. The encroachment being two (2) proposed two inch (2") diameter ground water monitoring wells overlapping into city - Exhibit 3 owned property, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of November, 2016. PRISON,, LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Enterprise Logistic Services, LLC, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching onto the City right of way situated on Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T H Langham Subdivision across from Fire Station No. 5 located at 6375 Walden Road, approximately ten feet (10') North of Walden Road and approximately 0.5 miles West of Interstate 10. Said encroachments are shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 785-3019 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, Page I of 4 EXHIBIT "A" damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to any structures or improvments if the sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Environmental Contractor will be invoiced for any damages that occur to Licensor sanitary mains during the installation and/or removal of any of the monitoring wells. Page 2 of 3 As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents.conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistic Services, LLC, 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of 12016. LICENSOR: LICENSEE: CITY OF BEAUMONT By: Kyle Hayes City Manager ENTERPRISE LOGISTICS SERVICES, LLC Printed Name: Title: Page 3 of 4 !:[Q WGIVINaaZe STI-Ne ITc! STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2016, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF HARRIS X This instrument was acknowledged before me on the _ day of , 2016, by of Enterprise Logistics Services, LLC. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 r :_ 5 ts' ,{3% rr at �... r h av+�ar,ta r ^t. a .A p .; ,r:;-• .r LEGEND l �s�}�,,'F '�'i�irrN22 �t'fi"i"{nS k a a y'x+✓� e_ ..i;..;,ri .L,.'rC �" �:.,'£� 'd''w ,s ; x i �i.+•c--cx� ; eu. { --r> ISCQPESLLCy"EALDEN MAD) ? i r ? s" r PROPERTY BOUNDARY.ROPOSEDQFFS)T .. f k, INVESTngENTFLL 1 N �1 , a' ,; p EGASCON5TANpNE 5 �� I� PROPOSED OFF SITE fn� t i4 ,r4 ;,• ryr'y.` a ':.f r �: "-,'�- ..,` s - c ,a ," .......r:.�... !{��_ �+ rxri, "vr. "�, tk ws .+ ' �v..4� , > MONITORING WELL �c r •�+, ..F, r1.,'''...�.....^'Y_�..`i' i�'', i. 'w 5�'';:f .� �, .,.! i. f �: �ir a` N �.. JEFFERSON CAD PROPERTY LINES `7 16FEET, 1 -^ Cr OF8EAUMONT'ROW. WAIDON,ROAO)" ....w..,:.......x'.-,....,�.....e...A..,o. ..sftit ;. 4 �.Ra��� di��'X'{Ki- '� 31.�.-i• r" .�� 'aaei�-'i. •c"""'S � tyy--�� - ",rr.-'"'� "'I�° s �G>v �•: i yam 'c'-8"^f�' -y„' <� `+"Zr.;:-,e -;t � f � yi2i..,�1;, •�°it.. �,.:. �.y�'� R. �?� "y pp� ,•"K' �� (��A�� 7Ki +Y� ,�k {,2 `}� s. �� ��' �t .tk '-,. AMR �N !�� iCiTYOFBtjAVMO _ _: Cam"-' - y i�' *�✓}, r S �% WAL-M ROAD),'.�'�, S:-Y.' v ,E??'u� �<t 2eST1YER5 PARK LPa� � i, t� � . •• �` "�• r 4.+ ., �� � � r eq - ., ''� !pile -• N S RE. (6355WALDEN'RO1 �-� � x ,` - n� � `��,J �,,r � r 1 '�:�s.rr�rx� i�� .._ ,�.,,. %"�'+ �r� •t' z< s` (,Cq L� k✓-j (�: \ 7 s:...� ��}� f. �i' wit _ �' �f`i � ` tub - . � 4�; � � � ,� •;,tom,., f �1�t ��'�� � � ` �5u , �+.: ,";. y 1}, �� �� c q .3 •PROPERTY BOUNDARIES OBTAINED FROM IY- . C , "R' s�„s{*,1.c«tf','=4 ,,JEFFERSON COUNTY APPRAISAL DISTRICT �S '.' F ,} s . V, wEBsrrE. Y� .J1 'u;�.. ,.,,ems 5. ' .. s t'. {. t'�'..r. A#..s .�•a 'r*i`-, 5 " .yy me m..a., se..i, am. tm Apex TITAN, Inc. y Ar'�, dr"�s (, S1"Wr'+iF tFj s,'fi..�F''i"' t ',• t« aRs'n,ix,:i"k->:Y.roF -t t,C �..�`' },,?".k'�`'C'°T"!y..� fit{, �3�y. �'t•� r �' �i��� '` .!, i � .'. �s � �'�,"iY ai .�^J'a�4����� � '+ ` � S F""" a1m.+� na �r�r�� �'.`m..t'$.'`11� 'V• !r r, k€ IC.�-L a��"����. � �w��•�'�+�rrfTtAtoe.w�rwMve�odaue ,..ray. _'' ., .ryrR'`„�' yf+s a rt uri'�t�r?m � :3�-.13n; � ��,s�. '7 J�T4 ks f•• a.. � �fe.; +�.f.± �:. 1' pi �- BrP. al"i.rc��, a,,n Fa r�. ki � is rh,-k' -• Gl., i}���,.. �'.y �r , '. - I- �"vt .�,l,,'1.:..'-'�'„ .. ,"I'�it � ,� v,qh�' ..x,,�� ' Enterprise Logistic Services LLG Walden Road 6 Beaumont Terminal , L`4 rs�..;.',.'[�r�"'. F'% mx„ +.-::✓y">y,'- `qr:" ' rii� rrR! ;: I''r I mot• s,: „+".+ 1 B i`'•"^r<. .1 s�., a�:G .,e,.. .;1 kR-,i,;r5'. s', s. ,..»�J�,w:�b,:i•!f L� .,; 1� »�s .i'e�� :a� �Sy'�'"s.,i�, �:... ,,L °.f'aGS'.n?. j�r �����..-'; �fi� � g;yr's7 e �� Beaumont, Texas a :. a• e ^x ;, y v''`fit1•. 'w. ='' 4,.:. 3+6.:..x.. '>'...-....4Wf 7w vh" h+:`r� "+? -�'y t it t s 47.694121N,-103.259223W cxr� �.^'^, r.Y.a'N''�,�.,s" ''yi ,X..Ci:T i::r''�'+ct 4 ,f�..,.f S r, i�. •,k. �, x a ✓, t n".��Kr z`a;..q„G?:"; t �'N'"F:» '�t.. > e•`* t .; T5 y. PRIZE,` �-�.,�,a.,,{t r a''zs<��`+�c�, �f 'S" JT"rr�3`a.tr a- y �•, �'n. �sir���r`� �q�r ��� role s �P ct No. 7010213G020 i4�i� %.Y "_�P�i�` �+;�sL"Z" . a : a. �y�ss w f ''F�rv�� ir"r "', '^� ���� a• _ �'i�•`• � '. `'�` � • _' � " x �s t �': +, �'s�-� �..r�.6'+}3t,,,� +��w,-�S"ha` "".� ,be'k ,q.'.` "i' *�* ' �'-�'w. ,�, w-.,.,,c z°; "'r � �r � : r�+v' l `s '1 c x+ .✓ a�' FIGURE 1 so too 9 OH Site Monitoring Well Location i° - 100' .n. �riV"« `a;".?"-rk�s��Sa`°4r!'::,;.;w A4':� atfr"�. Beix.�'.p• r xir,''`�i"s.4, r,f.''x x,�"..i:°��5�43�ka, t,.,�.," i�Az r ��i�.'�?rk "a .'rir iWe.m9ag61Ih� �An.4vwAo OIV�1) 01031)1107L1Fmre(idud.... W1V16 ..... ... .. ..... . .. CEMENT/ BENTONITE SLURRY PLUG PROTECTIVE LOCKING GROUND STEEL RISER SURFACE :.',fit.?...•;.t:, .4; y..:.'t'�4i<i';i `•,:i :.., '•: '.r! CONCRETE PAD HYDRATED BENTONITE SEAL--""' EAL (_2 FT) ti; ti APPROXIMATELY 2 FT SCHEDULE 40 2-INCH DIAMETER PVC RISER PIPE �uY APPROXIMATE WATER LEVELt�: 4 — •. �.y ; APPROXIMATELY 22.5 FT SCHEDULE 40 24NCH DIAMETER PVC MACHINE SLOTTED (0.010 INCH) 5:;f• cy;,- WELL SCREEN WITH THREADED BOTTOM PLUG 25 FT 'Sv — •v-1 �. GRADED 20140 SILICA SAND i.•••. ,.F%• �... R�•, it' r=' _ Zy r��. A'Lj , ar'.CV Exhibit "A" — Page 2 Enterprise Logistic Services LLC Beaumont Terminal 6355 Walden Road Ik Apex TITAN, Inc. FIGURE Beaumont, Texas 7979 Broadway Street, SuHe 100 San AnWdo,Tee GROUNDWATER 47.694121N,-103.259223W Phone: n10/e04-9922 www.aoexau.cmn MONITOR WELL SCHEMATIC A Subsldlary ofApex Companfes, LLC Project No. 7010213GO20 Z,\Houston Sou[h\Dmidng\San Anronlo 02\2013\70102130020\WcH4iagmm.dc•R 09/19/16 LIC LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Enterprise Logistic Services, LLC, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching onto the City right of way situated on Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T H Langham Subdivision across from Fire Station No. 5 located at 6375 Walden Road, approximately ten feet (10') North of Walden Road and approximately 0.5 miles West of Interstate 10. Said encroachments are shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 785-3019 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor -of their intent to continue using the monitoring,wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, Page 1 of 4 damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to any structures or improvments if the sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Environmental Contractor will be invoiced for any damages that occur to Licensor sanitary mains during the installation and/or removal of any of the monitoring wells. Page 2 of 3 As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistic Services, LLC, 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of 1, the day of / v vd! ►. S--c. , 2016. LICENSOR LICENSEE: CITY OF BEAUMONT ENTERPRISE LOGISTICS SERVICES, LLC By: By: Kyle Hayes City Manager Printed Name: D 14 t Q Title: Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the 104'� day of Alo 1+`fim ,,& 2016, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. 1 ANGELA. MARIE• THOMAS My Commission Expires L . lF or l December 7, 2016 Notary ublic, State of Texas df�f7T STATE OF TEXAS X 6110va 199TA . "0 This instrument was acknowledged before me on the Llyxday of NOverti bfr , 2016, by P41A 0. LAIr MorrW-Vrn j4gof Enterprise Logistics Services, LLC. N ary blic, State of Texas City of Beaumont Antoinette Hardy - Engineering P: O. Box 3827 Beaumont, Texas 77704 JASON MICHAEL SHELL ?��r Notary Public,.State of Texas =°S+�'�: Comm. Expires 10-31-2020 ''1/%r°11 V Notary ID 126711165 Page 4 of4 ISC-PQDPERTIE5ILC LEGEND MEGAS $ MEGAS IJROPOSED OFFSITE Ilia (635&VSALDEN ROAD) I ° tl" Z i r T, / INVESTMENT LLQ, a N10NRORIIVG WETS ' �, r'', r 'f P e 1 PROPERTY BOUNDARY sKEGAS,CONSTQNTINE S WI < - PROPOSED OFF-SRE .,�.�. � ,., ,•.'..�, 9•,,. y,yF 'cSr5y ; MONITORING WELL r -1 - ° _ L,,._. •- -'-, .ai�:>•�'.��.r�...e - .. �..�..�:.�.......: �..� JEFFERSON CAD PROPERTY UNES CMOF BEAUMO_NT ROW,(WALDON ROAD) �,. y �.• ��, Ax'� a :�£ ''':--.-o.-�.n'''r Zic a%3F,,,r .? xt"� 7?. '`ti'C' { }7%w�?r c a f pps3»,! =�.{ k 1 x Y2y, pft - 1 :"- . C U h , z n x•, .. �47 ......,""'"'C...•,-'- �, E i 3� L Ite. ,• ��,• ti'r f'�' I;,a: �{,a t ,_ r4, 1�cr xi ,,•-'r;3t-� R °CRYaOF'BEAUMONT 'fit r '"� a c S :(6375 Wg7.liEN ROAD)11 1 . ,4 4; STIVERS PARK LP Ii r "h 4W-- --^ — 1� *- ; r �... ij' ti- p, SITE.' .4�^• 5 C �r'' (63SS WALDEWROAD)_ Z A 4 v ��a K r --""d p a. 0 ''� s-'%' s '-� "`"' J •PROPERTY BOUNDARIES OBTAINED FROM e y ,•, 4 r G F !- 4 L t^ r �� JEFFERSON COUNTY AP WEBSITE. PRALiAL DISTRICT z ,�--,...���tks�.i r ,� �.�``� �'�,: �� - a � � - � 'l��r f�.z,x,- �.�.{x..-. �•� �3.p Apex TITAN, Inc. 1 J U '1 L i Y T.�f'�I � 7010 ��66Lrl�W 100 S tf✓ t, Y 4 NY 7k Y } } i.' 7�i.t� y� �! SvM1bl..nnm ALm �, r �, r Y , w .ram , '' v�1.v, f r • }I b J L i �i+� w 11„ d. nm.,rauw+e.mw.'�tte ,,,t' �-r r - n� � al � .,14�'• �.Y � � y� ..� � r`� �' ."l �t �7sz-�' < i y, z° a ^Y i t., b4 4 3 R } Rl na f a i•, Z-4' r d c Enterprise Logistic Services LLC xl�t t{:c ;,�; ^W` L:�es'1 r ...'��re� � ��' ;�'s ri... Beaumont Terminal - f 1.. >3`: /�. 1� 'tR�r..,,�•`'�'�tt f-,>*,? 63SSWaldenRoad ,'� ., �a {, �n ��s,�.:8/r.,�..� .,,r.-f'.t 1. ' �.� t•;... r :: Beaumont. Texas •�' .r11ty....,.y{ v,wy,.,tf,.g rrrs`..,i•+•tii.lrrF+.?:, J� 47.694121N,-103.259223W AM JProectNo.7010 s.�y :� k� r.'s�• .,r'ks......��:a�'� °'".� s--� r- �,.�,wr�a ,.:1 7 213G020 L r z "4 3 . a T �- ���;rti v 4 �� k- � '�fr�r��'.ri.y,.....a,-r' n.�"�` t -r'y .;. 1._ .,•,,�i,�3. }�k,. ...U�r{ a�Y: �. �_ i �.;: i%k r" grT?ppwY' 033 QZwt�v?a.. Y„ . f� "x ,�•^ixd �s.++�,r�n+i.�. „ •z �e . ro:, � 1�'.,h":. r Yy✓i f ,*� ,��:.. �pYy�i� v�,..fc� .� t �.+�'xLm� ,,.y �:��� 4�ns ,� .J ,e�" d' T %9 � ..'i�. r,. ,.*",�' - ,dam,- - rj.<y y. P fih N a .`FJ -i}t a yrN- `* r y,,✓ ,^q,..y5 +�';' '�. „-tgat` T�:adc S,� yz FIGURE ;, �. ,'+• t,a� ��,� t', s � '���`y7�! � j4 � � i! ��,����c�,�," ''x��•'����r''' �,, �- ��' 0-•.� '"` `.±6&t* �,u+,y.- p � , �'"�-� � �y - �• ,r .:f Off -Site Monitoring 1�. t'r '" xd .� Y. '. ` �'i"` av, 1. if=�iSlr b'/G.+w'r��l �"P } k, f - R X^'^}*�=" , x . •;s y p� Well Location v ,� s. <. a; ?':,. t •�, � ...#. ,n, C r- .; {: ' � �,� � 3 �' rr'CX.`•i» ^'`tea �' a.•�FT- ->. } a �i'��� ?Y � �``• .'�` yt r �.) I' = 1!)0' 1llc.w. VIe4W An,•eI, OIVOIJVOl01111A`0 •(fd.dq OP/10/16-f-»'�.-`!i`}+1N i'�1'lr�f �•'!). �CT`t�Y - YwaAaX^A'Fk 1 Y, ,� w' 7 . GROUND CEMENT/ BENTONITE SLURRY SURFACE HYDRATED BENTONITE (-2 FT) WATER LEVEL 25 FT Enterprise Logistic Services LLC Beaumont Terminal 6355 Walden Road Beaumont, Texas 47.694121N,-103.259223W No. 7010213G020 PROTECTIVE LOCKING STEEL RISER PAD APPROXIMATELY 2 FT SCHEDULE 40 2-INCH DIAMETER PVC RISER PIPE APPROXIMATELY 22.5 FT SCHEDULE 40 24NCH DIAMETER PVC MACHINE SLOTTED (0.010 INCH) WELL SCREEN WITH THREADED BOTTOM PLUG 20140 SILICA SAND Exhibit "A" — Page 2 Apex TITAN, Inc. FIGURE 7M Broadway Street SuM 100 San Antoido. Texas GROUNDWATER Phone: 210) l)excos.com2 MONITOR WELL SCHEMATIC wwwaoexcos.com A Subsidiary olApex Companies, LLC 09/19/16 Texas Commission on Environmental Quality Texas Risk Reduction Program Restrictive Covenant STATE OF TEXAS E COUNTY OF JEFFERSON § This Restrictive Covenant is filed to provide information concerning certain environmental conditions and use limitations pursuant to the Texas Commission on Environmental Quality (TCEQ) Texas Risk ReductionProgramRule(TRRP) found at 30 Texas Administrative Code (TAC), Chapter 350, and affects the real property (Property) described in Exhibit A, which is attached hereto and incorporated herein, and identified as the "Property" and is more fully described as follows: BEING A TRACT OF LAND I7V THE SAMUEL STIVERS SURVEY, A-51, JEFFERSON COUNTY, TEXAS, CALLED SMITHS BEAUMONT CITRUS FRUIT GARDEN ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY TEXAS, AS SHOWN BY MAP RECORDED IN VOL UME 3, PAGE 17 OF THE MAP RECORDS OF JEFFERSON COUNTY TEXAS. RECORDED DATE: AUGUST 4,1911. Portions of the groundwater of the Property may contain certain identified chemicals of concern causing those portions of the Property to be considered an Affected Property as that term is defined in the TRRP. The portion considered to be Affected Property is described in Exhibit B, which is attached hereto and incorporated herein and is more fully described as follows: A DESCRIPTION FOR A 0.19 ACRE (8,239 SQ. FT.) TRACT OF LAND IN THE SAMUAL STIVERS SURVEY, A-51, JEFFERSON COUNTY, TEXAS, SAID TRACTOF LAND BEING OUT OF THE WALDEN ROAD RIGHT-OF- WAY (R.O. W. — 90 FEET WIDE) AND A 60 FOOT WIDE PUBLIC ROAD IN THE SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION RECORDED I7V VOLUME 3, PAGE 17, OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS (M.R.J.C.T.), SAID TRACT BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS. BEGINNING AT A POINT 17V THE SOUTH RIGHT-OF-WAY OF SAID WALDENROAD, SAID PUBLICROAD AND THE NORTHLINE OF TRACT OF LAND BEING PART OF TRACT II, A CALLED 2.5149 ACRE TRACT AS CONVEYED TO SAG LEASING, INC., RECORDED IN INSTRUMENT NO. 201300342A OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS (O.P.R.J.C.T.), FROM WHICH A 112 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID TRACT I, RECORDED 1 Exhibit 4 ININSTAUMENT NO. 2013003429, OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS (O.P R.J.C.T.), THE SOUTH LINE OF SAID LOT 10, BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS THE EAST 175 FEET OF LOT 10, BLOCK 2 OF SAID SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MA SON EQ UIPMENT, INC, RECORDED IN VOLUME 1475, PAGE 380, OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (D.R.J.C.T.), BEARS S 34°1228"E, A DISTANCE OF 732.81 FEET; THENCE, S 87°06'01" W, DISTANCE OF 134.37 FEET TO A POINT; THENCE, OVER AND ACROSS SAID WALDEN ROAD, THE FOLLOWING FOUR (4) COURSES. 1. N 02 °1954" E, A DISTANCE OF 78.75 FEET; 2. N 72 °1921 " w, A DISTANCE OF 51.67 FEET, FROM WHICH A 2 INCH IRON PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS THE EAST 175 FEET OF LOT 9, BLOC%2 OF SAID SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MASON EQUIPMENT, INC., RECORDED IN VOLUME 1397, PAGE 390, D.R.J. C. T. BEARS 84 °46'13" E, A DISTANCE OF 732.81 FEET, 3. S 45°57'09"E, A DISTANCE OF 122.52 FEET; 4. S 02 °39'14" E, A DISTANCE OF 2.40 FEET TO A POINT IN THE NORTHLINE OFSAID TRACTHAND THESOUTHRIGHT--OF-WAY OF THE WALDENROAD (90 FOOT WIDE RIGHT-OF-WAY) TO THE POINT OF BEGINNING; SAID TRACT BEING 8,239 SQUARE FEET AND CONTAINING 0.19 ACRES OF LAND, MORE OR LESS This Restrictive Covenant is required for the following reasons: The Affected Property currently meets TRRP standards for commercial/industrial use. Based on the reports, the chemicals of concern pose no significant present or future risk to humans or the environment based on commercial/industrial land use. No further remediation of the Affected Property is required by the TCEQ as long as the Affected Property is not to be used for residential purposes. If any person desires in the future to use the Affected Property for residential purposes, the TCEQ must be notified at least 60 days in advance of such use and additional response actions may be necessary before the property may be used for residential purposes. Persons contemplating a change in land use for the Affected Property are encouraged to review the definitions for commercial/industrial and residential land use contained in TRRP as the definition of residential land use is broad. The Affected Property is subject to the TRRP requirements for properties with an- area overlying a TCEQ-approved plume management zone. A plume management zone is defined as an area of groundwater containing concentrations of chemicals of concern exceeding the TCEQ-approved 2 protective concentration levels, plus any additional area allowed by the TCEQ in accordance with 30 TAC §350.33(t)(4). A plume management zone was established so that the chemicals of concern in the groundwater are managed such that human exposure is prevented and other groundwater resources are protected. The attached Exhibit B provides the location and extent of the plume management zone and the attached Exhibit C describes the maintenance and monitoring required. This maintenance and monitoring must be implemented unless and until TCEQ approves some modification of those requirements. As of the date of this Restrictive Covenant, the record owner of fee title to the Property is City of Beaumont (Owner) with an address of PO Box 3827 Beaumont, Texas 77704-3827 Inconsideration ofthe Response Actions by Enterprise Logistic Services LLC (Responder), approval ofthe Response Action Completion Report, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner has agreed to place the following restrictions on the Property in favor of the TCEQ and the State of Texas, to -wit: 1. The Property shall not be used for any purposes other than commercial/industrial uses, as defined in 30 Texas Administrative Code, Chapter 350, Section 350.4(a)(13). 2. Exposure to the groundwater underlying the Affected Property for any purpose is prohibited until such time when all the chemicals of concern no longer exceed their respective protective concentration levels. The maintenance and monitoring described in Exhibit C is required. Any modification of this restrictive covenant is prohibited without prior approval of TCEQ. 3. These restrictions shall be a covenant running with the land. For additional information, contact: TCEQ Central Records 12100 Park 35 Circle, Building E Austin, Texas 78753 Mail: TCEQ - MC 199 P O Box 13087 Austin, Texas 78711-3087 TCEQ Program and Identifier No.: IHWCA (SWR)31854 This Restrictive Covenant may be rendered of no further force or effect onlyby arelease executedby the TCEQ or its successor agencies and filed in the same Real Property Records as those in which this Restrictive Covenant is filed. Executed this day Executed this day City of Beaumont By: Name: Title: Enterprise Logistic Services LLC By: Name: Title: Accepted as Third Party Beneficiary this day of Texas Commission on Environmental Quality I0 N Title: 4 STATE OF TEXAS ( JEFFERSON ) COUNTY BEFORE ME, onthis the day of , personally appeared of the City of Beaumont, known to me to be the person whose name is subscribedto the foregoing instrument, and they acknowledgedto me thatthey executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Notary Public in and for the State of Texas, County of My CommissionExpires: 5 STATE OF TEXAS HARRIS COUNTY BEFORE ME, on this the day of personally appeared , of Enterprise Logistic Services LLC , known to me to be the person whose name is subscribed to the foregoing instrument, and they acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Notary Public in and for the State of Texas, County of ', My CommissionExpires: STATE OF TEXAS TRAVIS COUNTY BEFORE ME,onthisthe day of I personally appeared of the Texas Commission on Environmental Quality, known to me to be the person whose name is subscribed to the foregoing instrument, and they acknowledged to me that they executed the same for the purposes and in the capacity herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Notary Public in and for the State of Texas, County of My CommissionExpires: 7 Exhibit A Property Exhibit A — Metes and liounds A DESCRIPTION FOR A 0.19 ACRE (8,239 SQ. FT.) TRACT OF LAND IN THE SAMUAL S77YERS SURVEY, A-51, JEFFERSON COUNTY, TEXAS, SAID TRACTOFLAND BEING OUT OF THE WALDENROAD RIGHT-OF- WAY (R.O. W. - 90 FEET WIDE) AND A 60 FOOT WIDE PUBLIC ROAD IN THE SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION RECORDED IN VOLUME 3, PAGE 17, OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS (M.R.J.C.T.), SAID TRACT BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS. BEGINNING AT A POINT 17V THE SOUTH RIGHT-OF-WAY OF SAID WALDENROAD, SAID PUBLICROAD AND THENORTHLINE OFTRACT OFLAND BEING PART OF TRACT II, A CALLED 2.5149 ACRE TRACT AS CONVEYED TO KAG LEASING, INC., RECORDED ININSTRUMENT NO, 2013003429, OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS (O.P.R.J.C.T.), FROM WHICH A 112 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OFSAID TRACT I, RECORDED I7V INSTRUMENT NO. 2013003429, OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS(O.P.R.J.C.T.), THESOUTH LINE OF SAID LOT 10, BEING THE SOUTHWEST CORNER OFA TRACT OF LAND DESCRIBED AS THE EAST 175 FEET OF LOT 10, BLOCK 2 OF SAID SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MASON EQUIPMENT, INC., RECORDED IN VOLUME 1475, PAGE 380, OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (D.R.J. C. T.), BEARS S 341228"E, A DISTANCE OF 732.81 FEET; THENCE, S 87°06'01" W, DISTANCE OF 134.37 FEET TO A POINT; THENCE, OVER AND ACROSS SAID WALDENROAD, THE FOLLOWING FOUR (4) COURSES. 1. N 02 °19'54" E, A DISTANCE OF 78.75 FEET; 2. N 721921 " fv, A DISTANCE OF 51.67 FEET, FROM WHICH A 2 INCHIRONPIPE FOUND FOR THENORTHEAST CORNER OFA TRACT OF LAND DESCRIBED AS THE EAST 175 FEET OF LOT 9, BLOCK 2 OF SAID SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MASON EQUIPMENT, INC., RECORDED IN VOLUME 1397, PAGE 390, D.R.J. C.T. BEARS 84°46'13"E, A DISTANCE OF 732.81 FEET; 3. S 45 °57'09" E, A DISTANCE OF 122.52 FEET, 4. S 02 *39'14" E, A DISTANCE OF 2.40 FEET TO A POINT IN THE NORTH LINE OF SAID TRACT H AND THE SOUTH RIGHT-OF- WAY OF THE WALDEN ROAD (90 FOOT WIDE RIGHT-OF-WAY) TO THE POINT OF BEGINNING; SAID TRACT BEING 8,239 SQUARE FEET AND CONTAINING 0.19 ACRES OF LAND, MORE OR LESS 0 m 0 100, 200' GRAPHIC SCALE CALLED D.13 (7A22 so. RF:TTRICTIVE COVENANT NUMBER DIRECTION LENNNIH L7 S5706'01'W 134.37' L2 NOT19'54'W 75.73' IJ N5732.52-E 43.70' L4 541F39'34'E 125.32' L5 SOZ-39'147E 840' L3 S34'14'2B'E 732.31' V 53432'14'E 533.13' MW-13 MW-12—_-------------- wuno+Rao------- --- 17 _� — — — --.-- __ — T (9O' WIDE — _WEST, 175.00'TR!- _ = �-'-� = - _ _Z7- - — — — — SMITHS BEAUMONT GARDENS ADDITION kal Ei 175.00' (C) _P.OUL CATER R CITYOFBEAUMON MINT I A DESCRIPTION FOR A 0.1B ACRE (7,E22 SO. FE) TRACT OF LAND N THE SAMUEL STEERS SURVEY, A -St. JEFFERSON COUNTY, TEXAS. SAID TRACT OF LAND BEND OUT OF THE WALDEN ROAD MU -OF -WAY (RO.W. - 90 FEET WIDE) MID A BD FOOT WOE PUBLIC ROAD N THE I SN THS BEAUMONT CITRUS FRUIT GARDENS ADDffm RECORDED N VOLUME 3, V m PAGE 17. OF THE LAP RECORDS OF JEFFERSON-COUNTY, TEXAS I . to l SAID TRICE BEING MORE PMOICIAMLY DFSCRAIED AS C4 tell MW-8 m z BEGINNM AT A POINT N THE SOUTH R1GMOF-WAY OF SAID WALDEN ROAD. SAID ROM ROAD AND THE NORM LINE OF TRACT OF LAND BEING PART OF TRACT & A GALLED Z5149 ACRE TRACT AS CONVEYED O m 70 KAG LEASING, DC.. RECORDED N INSTRUMENT N O. 20130➢3429, OF I m .- THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY. 11& (OP.FWAT.), FROM WHICH A 1/2 NCH IRON ROD FOUND FOR THE e I o SLULHFAST COWNE7i OF SAID TRACT L RECORDED IN D61RU W NO. Z 20130DUZO. OF THE OFFICLIL PUBLIC RECORDS OF JEFFERSON COUNTY, I SOUTH AF THE WRANTE)R SOU14. OF A TRACT OLAND DESCRIBED AS AS THE 175 FEET OF LOT 10. BLOCK 2 OF SAID SITHS SFAUMONT CITRUS FRUIT MW-2 GARDENS ADDITION CONVEYED TO MESON EQUIPMENT. INC. RECORDED N VOW11E 1475, PAGE 350, OF THE DEED RECORDS OF JEFFFR.SON COUNTY, 70M ( DAJ.C.T. ). BEARS S 3C722C E A DWTaW OF 732d1 FEET; THENCE; 5 OT 05'01' W. DISTANCE OF 134.37 FEET TO A PONE; I THDMF- OJQN AND ACROSS SAID WALDEN ROAD. THE FOLLOWING FOUR N4) coII1LSE.s. I 1.N OT IWW N. A DSDNM OF 78.75 FEET; 2.N BP 32,Or E. A DISTANCE OF 43.70 FEE. FROM MHICH A 2 NCH IRON PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAM DESCRIED AS THE FAST 175 FEET OF LOT 9, BLOCK 2 OF SAID SMrTH3 BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MASON EQUIPMENT, INC. RECORDED N VOLUME 1397, PAGE 390. OR.J=. BEARS 5 B4' 5214' E. A DISTANCE OF 83M3 FEET; 3.S 411 39'SV E, A DISTANCE OF 125ZZ FEET; 4.5 02 39'14 E, A ORTNCE OF Z40 FEET 70 A POW N THE NORTH LINE OF SAID TRACT 0 AND THE SOUTH FIGHT -OF -WAY OF THE OF BWALDEN ROAD El4; (90 FOOT WOE RIGNE-OF-WON) 70 THE PONT SAID TRACT BF1MG 7,922 SOUARE FEET AND CONTADONG 0.18 ACRES OF I LAND. MORE OR LESS. [d EPISOLUM :NAM -ACED oM12N10t04S�A/, mum �- N8706'01"EI. MW-9 522.10' SMITHS BEAL➢dONT RAG LEASING TRACT U CALLED 2 SORES BURRING I� DI NS7R. N0. 23a29 O,PR.I.r.T..D.T. �. VS. ® MW-7 MW-11 ^I v m ;vml MW-6 C4U LO w tD r'D clLU an . m S 0 METAL PoS�;E , TO rD 'N iV Z iV Nlj MW-1 Z METAL G MW-5 BUILDING IG ` Cd GMW-3 I ., aN O MW-4 SNTHs 8FAUW r— EAST, 175.00 ln) SBG49'42'W 175.00' (C) I CITY OF BEAUMONT WALDEN ROAD (90' WIDE RIGHT-OF-WAY) SAMUEL STEERS SURVEY, A-51 JEFFERSON COUNTY, TEXAS N87-06'01'E 347.10' EAST, 350.00' (R) AODITION KAU LEASING TRACT I GALLED &D298 ACRES ONSM N0.-2D13003429 D.PJU.C.T. ADDITION —1.75' I \\ I FOUND I I I I I I ARSON EQUIPMENT. INC EAST 175' FEET OF LOT 9, BLOCK 2 VOL 1397, PO 390 DJUC.T. K� IN m m � �m IZ M In51W RJ/ W`l% uND I I I MASON EOUIPMFNf, ING FIST 17V FEET OF LOT 10. BLOCK 2 VOL 1475. PG 380 D.RA=. LEGEND — IL— RESTRICTIVE COVENANT suDNECr PRCPERw LINE — — — ADJOINFR PROPERTY LINE --�0---o-- CHAINLINK FENCE P.0.8. POINT OF BEGNNNG PAC. PONT OF COMMENCEMENT MJtJ.C.T. RECORDS MAIR OF COUNTY, TEXAS DJUMT. D® RECORDS OF JEFFERSON COUNTY. TETRA, 0.P.RJ.OZ OFFICIAL ►URM RIPCORDS OF JEFFERSON COUNTY. TEXAS (R) RECORD (W MEASURED (0) CALCUTA30 B IRON ROD FOUND VS NOTED) Q IRON TIRE FOUND (AS NOTED) ® 140=MM WELL ® FENCE POST O CALCULATED POINT SAy�USL S7A 6 � lax JEFFS�oN CDU OF TF 9N liAWN OOREY .................. 5967 •r* r • < '• 40 S. CORM SFMNNON DATE •:! 4^r0''r'E.S .�.°• �-�� REf1 G6TEREEPR�NAL RAND SURVEYOR SURD WEST, 350.00' (R) 174.51' SBG49'42"W 350.65, (C) P.Da SCALE: TRACT 11 NO NOTES: 1.) ALL BEARINGS ARE REFERENCED TO THE TOM STATE BANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE NORM AMERICAN MTUDI OF TOM (Z011 AOIUSTMENT), ALL DISTANCES AND ACREAGES ARE GRID. 2 THE PURPOSE OF T1A3 PUS 6 TO ESTABUSTN A BOUNDARY FOR AN EASEMENT ACROSS PARENT TRACT(5). 3. NO SUBSURFACE DIVNSTOATIDN WAS PERFORMED TO LOCATE UNDERGROUND UNUTES 4UTILITIES SHOWN HEREON ARE UINTED 70 AND ARE PER OBSERVED EVIDENCE ONLY. 5, SURVEY IS PREPARED FOR AND 5 TO BE CERMED TO ENSOLUM. & ALL EQUIPMENT AND DIPRWEl0(IS LOCATED WITHIN THE FENCED AND/OR LEASED AREA HAVE BEEN LOCATED TO THE BEST OF SAM KNOWLEDGE AT TIME OF FIELD SURVEY: 7.) THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A RECENT RITE COMMITMENT. THERE MAY BE EASEMENTS OR OTHER EXCEPTIONS TO TYRE THAT AFFECT THE PROPERTY TK47 ARE NOT SHOWN. gI�7 2 GF 2 PARENT TRACT P. � v8 v bd DAM en ci �. C-tv W •► v 4 .fro. rh . y! !❑ } '� b ' '� �i n r2 *� a w�i'•. �t -a kit til s� ro � � ►fro .., "+ � � QIts � d ro ❑ '�! cp � � � o `�' � � �' ,��;jjy H � � � � � � as�y � � :"i jl��,�� Lys ZO r+. ' Q .,t` .3' �3 � � VI ►� p� ~ ' •,� i"� Mid 7 r.� r. y � �L7 04 �,'; 4 -t o 0 �h- 4- ru tA �r� Q d 'i 1.64 tv �. d fl ;CISa ,� N a im to O p' [9 ry to G1 �7 y r R 09 .,� �. H �a w�-R uj 21. 34 H aco-eJu 13 tn CPO Ct. 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