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HomeMy WebLinkAboutRES 19-176r RESOLUTION NO. 19-176 WHEREAS, Lone Star NGL Pipeline, LP has requested the City to convey two (2) thirty foot (30') wide pipeline easements, situated in the C. Hillebrandt and Samuel Stivers Leagues, as described and shown in Exhibits 1" and "2," respectively, attached - hereto, to the City of Beaumont for the installation and construction of one (1) twenty foot (20') pipeline to transport ethane and butane; and, WHEREAS, the City Council has considered the execution of said pipeline easement and is of the opinion that said pipeline easement is necessary and describe that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the pipeline easement as described above to Lone Star NGL Pipeline, LP for consideration of $613,860.00. 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 27th day of August, 2019. f .� ) / W w .iAayorBecky PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: PIPELINE EASEMENT For and in consideration of Ten Dollars and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, the CITY OF BEAUMONT, hereinafter called Grantor, hereby grants and conveys unto LONE STAR NGL PIPELINE LP, a Delaware limited partnership with its mailing address at 1300 Main Street, Houston, Texas 77002, its successors and assigns, hereinafter called Grantee, a thirty (30) foot wide easement (the "Easement') to construct, alter, and maintain pipeline and related appurtenances on the hereinafter described land which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit A, attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used to construct, lay, maintain, operate, alter, repair, remove, reconstruct, change the size of, replace and abandon a pipeline and any and all necessary or useful appurtenances thereto, including but not limited to fittings, tie -overs, valves, corrosion control equipment, communication equipment and other apparatus above or below ground, for the transportation of oil, gas, petroleum products or any other liquids, gases, or substances which can be transported through pipelines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that Grantee shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantee understands the pipeline easement is restricted to allow only one pipeline within the Easement Area. Grantee shall not assign or grant rights to another party to lay an additional pipeline within the Easement Area. In addition to the pipeline easement rights granted therein, Grantor further grants Grantee an additional temporary easement 70 feet in combined width adjoining the full length of the permanent easement granted herein, and such other additional work space to be used as working Exhibit 1 PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas space by Grantee during and for the consideration and installation of the pipeline and any appurtenant facilities. The temporary easement will become null and void at the completion of the project. Grantee will promptly prepare any and all damage done to the Easement area caused by Grantee's use. Grantees must use the Easement area and access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee agrees to bury, at the time of construction, the pipeline (exclusive of appurtenances customarily located above ground) to a depth of at least thirty-six (36) feet in the area of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere, so as not to interfere with the normal cultivation of the soil. Grantee agrees to pay such damages which may arise to any improvements on the property from the construction of said line and appurtenances and to pay such damages which may rise from the maintenance, alteration, repair, removal, reconstruction, use, or replacement of the pipeline. INDEMNITY GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR DAMAGES, OR EXPENSES OF WHATSOEVER CHARACTER, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES OR RELEASE WHICH MAY BE ASSERTED, INSTITUTED OR RENDERED AGAINST GRANTOR ARISING OUT OF OR IN ANY MANNER CAUSED BY OPERATIONS CONDUCTED HEREUNDER BY GRANTEE, ITS AGENTS, ASSIGNS, EMPLOYEES, OR CONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE REASONABLE ATTORNEY'S FEES OR EXPENSES INCURRED BY GRANTOR WITH REFERENCE TO SUCH CLAIMS, SUITS OR DAMAGES. Should Grantee install pipelines under the terms hereunder, and thereafter abandon and fail to use said pipelines for a period of one year, Grantee agrees upon request by Grantor to remove said pipe and other appurtenances and to restore the premises to their original condition, and the easement hereby granted shall terminate and revert to Grantor. After the installation of the pipeline hereunder, Grantee shall restore the surface of the land to substantially the same condition as it was prior to the commencement of such installation PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas and without limitation, Grantee shall level and grade the land so that drainage to, on or from said easement shall not be impaired as a result of said installation. Grantor may use the Easement area for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Easement area for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty-five (45) degrees to Grantee's pipelines, across the Easement area which do not damage, destroy or alter the operation of the pipelines. and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Easement area at any angle of not less than forty-five (45) degrees to Grantee's pipelines, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Easement area by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Easement area. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. Grantee agrees to provide a written response within I5 calendar days of receipt of such notice. Grantor may not use any part of the Easement area if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Easement area for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easement area without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope (except for necessary repairs to the levee system and existing drainage system); (4) impound surface water; or (5) plant trees or landscaping. Grantee agrees to provide a written response to Grantor within 15 calendar days of receipt of the notice. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Easement area without the written permission of Grantee. Grantee shall bury its pipeline to a minimum depth of thirty-six (36) feet in the area PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the'pipeline will be installed via HDD and to a minimum cover of 48" elsewhere. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing casements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement unto said Grantee, its successors and assigns, so long as the same shall be used for the purposes aforesaid, and Grantee hereby agrees to pay any damages, including, but not limited to, any environmental harm which may arise from the use of said premises for such purposes. EXECUTED this day of .2019. [signature pages to follow] PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX WA79.310 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Hayes Title: Cfty Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of, 2019. GRANTEE: LONE STAR NGL PIPELINE LP By: LONE STAR NGL ASSET GP LLC Its general partner 0 ;ose, V' d rest ent of rid & Rig­ht-bf Way ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF HARRIS Notary Public, State of Texas This instrument was acknowledged before me on �2 2019 by Robert Rose in the capacity of Vice President of Land and RigHt of Way, of Lone Star NGL Asset GP LLC, in its capacity as general partner of Lone Star NGL Pipeline LP, a Delaware limited partnership, on behalf of said limited partnership. 4+R� °tee C:N1 SANCHEZ AMRON i ID 2700786 mission Expires Otaub 1 , O exas ;�"ch 25, 2023 Please Return To: Lone Star NG L Pipeline LP PO Box 122 Crosby, TX 77532-0122 TX -JE -079.3I O -LONE STAR STATE OF TEXAS COUNTY OF JEFFERSON EXHIBIT"A" SURVEY LINE DESCRIPTION OF A PROPOSED 30 -FOOT WIDE PIPELINE EASEMENT ACROSS THE CITY OF BEAUMONT PROPERTY The survey lime description of proposed 30 -foot wide pipeline easement, situated in the C. I-hTebrandt League, Abstract No. 28, Jefferson County, Texas, being upon, over, through and across the residue of the City of Beaumont, called 2,183.50 acre tract of land described by an instrument recorded under Instrument No. 9003030 of the Official Public Records of Jefferson County, Texas (O.P.R.J.C.T.), the side lines of said pipeline easement shall be located 15 -foot each side of, parallel and adjacent to said survey line and shall be extended or shortened to intersect at angle points and grantor's boundary lines, said survey line being more particularly described as follows: Bearings shown hereon are referenced to the Texas State Plane Coordinate System, South Central Zone 4204, NAD83. Distances hereon are grid and may be converted to surface by dividing by a combined scale factor of 0.999923423. COMMENCING at a I -W -inch iron pipe found marking the northeast interior comer of said 2,18350 acre tract; THENCE South 64009'54" West, a distance of 6,005.45 feet to the POINT OF BEGINNING of the herein described survey line, on the west line of said 2,18350 acre tract and the east line of the City of Beaumont, called 500 acre tract of land descnW by an instrument recorded in Volume 278, Page 374, ofthe Deed Records ofJefferson County, Texas (D.R.J.C.T.); THENCE South 82125'43^ East, a distance of 4,85759 feet to a point; THENCE South 82°34'49" East, a distance of 2,300.47 feet to the POINT OF TERMINUS of the herein described survey line on the east line of said 2,18350 acre tract and the west line of the B.E. Quinn III, et at called 83.74 acre tract of land described by an instrument recorded under Document No. 201203763I and Document No. 2019005603 both of the O.P.R.J.C.T., from which a 1 -inch iron pipe found, marling the most easterly northeast comer of said 2,183.50 acre tract, bears North 03°23'49" West, a distance of 3,630.61 feet. The total length of the herein described survey line is 7,158.06 feet or 433.82 rods, said pipeline easement containing an area of 4.930 acres (214,742 square feet) of land and the temporary workspaces containing a total area of 4.699 acres (204,675 square feet) of land. Said survey line, proposed 30 -foot wide pipeline easement and temporary workspaces are illustrated on Exhibit "Bl" and "132" dated 05/08/19 Drawing Number 13085 -01 -TX JE -079310 -LONE STARDWO., "Rev2". MORRIS P. HEBERT, INC. 10101 SOUTHWEST FREEWAY, SUITE 620 HOUSTON, TEXAS 77117A (713) 219-1470 FIRM NO. 10142100 aCPCz' C21 Philip G.'Nolan Registered Professional Land Surveyor Texas Registration No. 6061 Sheet 1 of 3 Tfl'Ql9�GPYI'R�:Q•) ,: P.O.B. Mmm "B1" SYMBOLS LEND Found Property comer Q Easement comer O Underground faelgn PA Top of Bonk ABBREVIATIONR P.O.C. E ND POW OF COIWEMMG P.O.B. POINT OF BMW" P.O.T. POINT OF TFRWMS IMMIT Easement OP.R.d.O.T. Of teloi Pubno Records i Jefferson County. Teeas J.C.C.. No. JIIUeraN Cbrlla �Oounly DJ3.J M Med Reewde of lresalo��nt�s. iQfi(inrup••�bmm+7�i•m JEFFERSON COUNTY, TEXAS miggimm C. JMLMUW LICAGUB A-0 owl: . ir OE. J8 (NST. NO. 900 030 O.P.R.J.C.T. THE RESIDUE OF A +5� CALLED 2,183.50 ACRES / SURVEY UNE PROP. 30' VIDE PAL ESM'T / (SEE DETAIL "B") / (EXHIBIT B2 SHEET 3 OF 3) SEE DETAIL "A" -_ S (EXHIBIT B2 SHEET 3 OF 3) 1000, 0 1000, SCALE IN FEET Lone Star NGL Pipeline LP E>0HWIi OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEA11M011T PROPERTY JEFFERSON COUNTY, TEAS P.O.C.- FND. 1-1/Y BION PIPE FNO. 1" IRON DOC. DRAWN BY: NM SHEET: 2 OF 3 CHECKED BY. PON SCALE : AS SHOWN APPROVED BY: PON MTF: 11/27/18 CAD FILE: 13085 -01 -TX -JE -079.310 -LONE STAR.DWO DETAIL "A" (NOT TO SCALE)j \ PROPOSED 30P P/L EASEMENT DETAIL "B" \ (NOT TO SCALEI TEMPORARY WORKSPACES 1-4 SURVEY LINE LENGTH 7,158.06 L.FJ433.82 RODS RIGHT OF WAY USE 30' WIDE PIPELINE ESM'T 21042 SO. FT./4.930 ACRES TEMP. WORKSPACE 1559 SO. FT./0.013 ACRES TEMP, WORKSPACE 2 6,464 S0. FT.10^8 ACRES TEMP. WORKSPACE 3 157.633 SO. FT./3.619 ACRES TEMP. WORKSPACE 4 40.019 S0. FTJR919 ACRES TOTAL T.W.S. 204,675 50. FTJ4.699 ACRES 13lMIT 'BS' (SM lIXIBBIT '81" FOR PLAN VIEW) IT INslmces ha ate grid and vaiod m dint by divlby a co mbiacd W. ft...fZoz4204s14 23, 2.ThBexblhwas prepared withotpthe buotofacommibmtfor tillelnrmwmq batfomeaxuuodofrtcard may wdst and we not ahown btaeon. The own lefomutian of the od and ad1oi tmctl. shown baeoa, F-Ul dby CoauectlaudstAur.madaboodan�cI ho beam Monist lac 3. Anou4heVamdelrathnbeen me&tobeftand taduateall cabbMpipellan,utilities em cromW by *A proposed proj"t however, due to the tahacw liodWTom oftlectrooic magnetic loc"ag cqu[pmmt, Monis P. T am%Inc is not respomile for any sot Ioeattdduring them m of the survey. B is tot wit6fA dw scopcof" esbiW m locate all bodied ud ty lines on skis propcM, not aU WWmi , - shown hereca. 4. A acpaaW mous and bounds damp = titled Exhibit -A- accompanies tbia pla4 I Lone Star NGL Pipeline LP E)H1BIf OF A PROPOSED PIPELINE EA MENT ACROSS CITY OF BEM MONT PROPERTY JEFFERSON COUNTY, TOWS PROPERTY DETAIL PhIllp'k Nolan Req%tered Pro%wlonol Land Si—yor Texas Reglatratlon No. 6061 PIPE 105 /08119 1 REVISED P.O.C.— DATE I no. —iP IRON 01 PRAWN BY: NM FM 1' CHECKED 9Y: NM aeaNl \ DAM 11/29/16 ^�. P4T. P.O.B. �• SURVEY UNE PROP. JO' E51t T PROPERTY DETAIL PhIllp'k Nolan Req%tered Pro%wlonol Land Si—yor Texas Reglatratlon No. 6061 PIPE 105 /08119 1 REVISED NOW — IFA DATE I REVISION 01 PRAWN BY: NM SHEET: 3 OF 3 CHECKED 9Y: NM SCALE : AS SHOWN APPROVED BY: PON DAM 11/29/16 CAD FILE, 130B5-01—TX—JE-079.310—LONE STAR.IWIG Payment Statement Tract Number: TX -JE -079.310 Landowner Name(s): City of Beaumont Orbit Lone Star Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages $433,820.00 Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages Total Payment for Access Roads Total Payment for Surface Site Total Payment for ATWS $433, 820.00 Total Payment Amount Landowner Date Landowner Right of Way Agent Date Date PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: PIPELINE EASEMENT For and in consideration of Ten Dollars and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, the CITY OF BEAUMONT, hereinafter called Grantor, hereby grants and conveys unto LONE STAR NGL PIPELINE LP, a Delaware limited partnership with its mailing address at 1300 Main Street, Houston, Texas 77002, its successors and assigns, hereinafter called Grantee, a thirty (30) foot wide easement (the "Easement") to construct, alter, and maintain pipeline and related appurtenances on the hereinafter described land which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit A, attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used to construct, lay, maintain, operate, alter, repair, remove, reconstruct, change the size of, replace and abandon a pipeline and any and all necessary or useful appurtenances thereto, including but not limited to fittings, tie -overs, valves, corrosion control equipment, communication equipment and other apparatus above or below ground, for the transportation of oil, gas, petroleum products or any other liquids, gases, or substances which can be transported through pipelines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that Grantee shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantee understands the pipeline easement is restricted to allow only one pipeline within the Easement Area. Grantee shall not assign or grant rights to another party to lay an additional pipeline within the Easement Area. In addition to the pipeline easement rights granted therein, Grantor further grants Grantee an additional temporary easement 70 feet in combined width adjoining the full length of the permanent easement granted herein, and such other additional work space to be used as working Exhibit 2 PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas space by Grantee during and for the consideration and installation of the pipeline and any appurtenant facilities. The temporary easement will become null and void at the completion of the project. Grantee will promptly prepare any and all damage done to the Easement area caused by Grantee's use. Grantees must use the Easement area and access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee agrees to bury, at the time of construction, the pipeline (exclusive of appurtenances customarily located above ground) to a depth of at least thirty-six (36) feet in the area of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere, so as not to interfere with the normal cultivation of the soil. Grantee agrees to pay such damages which may arise to any improvements on the property from the construction of said line and appurtenances and to pay such damages which may rise from the maintenance, alteration, repair, removal, reconstruction, use, or replacement of the pipeline. INDEMNITY GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR DAMAGES, OR EXPENSES OF WHATSOEVER CHARACTER, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES OR RELEASE WHICH MAY BE ASSERTED, INSTITUTED OR RENDERED AGAINST GRANTOR ARISING OUT OF OR IN ANY MANNER CAUSED BY OPERATIONS CONDUCTED HEREUNDER BY GRANTEE, ITS AGENTS, ASSIGNS, EMPLOYEES, OR CONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE REASONABLE ATTORNEY'S FEES OR EXPENSES INCURRED BY GRANTOR WITH REFERENCE TO SUCH CLAIMS, SUITS OR DAMAGES. Should Grantee install pipelines under the terms hereunder, and thereafter abandon and fail to use said pipelines for a period of one year, Grantee agrees upon request by Grantor to remove said pipe and other appurtenances and to restore the premises to their original condition, and the easement hereby granted shall terminate and revert to Grantor. After the installation of the pipeline hereunder, Grantee shall restore the surface of the land to substantially the same condition as it was prior to the commencement of such installation PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077:000 COUNTY: Jefferson County, Texas and without limitation, Grantee shall level and grade the land so that drainage to, on or from said easement shall not be impaired as a result of said installation. Grantor may use the Easement area for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Easement area for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty-five (45) degrees to Grantee's pipelines, across the Easement area which do not damage, destroy or alter the operation of the pipelines and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Easement area at any angle of not less than forty-five (45) degrees to Grantee's pipelines, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Easement area by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Easement area. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. Grantee agrees to provide a written response within 15 calendar days of receipt of such notice. Grantor may not use any part of the Easement area if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Easement area for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easement area without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope (except for necessary repairs to the levee system and existing drainage system); (4) impound surface water; or (5) plant trees or landscaping. Grantee agrees to provide a written response to Grantor within 15 calendar days 'of receipt of the notice. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Easement area without the written permission of Grantee. Grantee shall bury its pipeline to a minimum depth of thirty-six (36) feet in the area PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson "(collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement unto said Grantee, its successors and assigns, so long as the same shall be used for the purposes aforesaid, and Grantee hereby agrees to pay any damages, including, but not limited to, any environmental harm which may arise from the use of said premises for such purposes. EXECUTED this day of .2019. F �' [signature pages to follow] PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Haves Title: Cily Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of 2019. GRANTEE: LONE STAR NGL PIPELINE LP By: LONE STAR NGL ASSET GP LLC Its general partner Robert Ros ice P ident of nd c RI of Way ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF HARRIS Notary Public, State of Texas This instrument was acknowledged before me on Mu lt.'%i Q 2019 by Robert Rose in the capacity of Vice President of Land and lZight of Way, of Lone Star NGL Asset GP LLC, in its capacity as general partner of Lone Star NGL Pipeline LP, a Delaware limited partnership, on behalf of said limited partnership. ------------ (20, 0W."l- CYNTHIA SANCHEZ AMR ONNotary ID x2700786 My Commission Expires March 25. 2023 Please Return To: Lone Star NGL Pipeline LP PO Box 122 Crosby, TX 77532-0122 TX -JE -077.000 -LONE STAR STATE OF TEXAS COUNTY OF JEFFERSON EXHIBIT "A" SURVEY LINE DESCRIPTION OF A PROPOSED 30 -FOOT WIDE PIPELINE EASEMENT ACROSS THE CITY OF BEAUMONT PROPERTY The survey line description of proposed 30 -foot wide pipeline easement, situated in the Samuel Stivers League, Abstract No. 51, Jefferson County, Texas, being upon, over, through and across the City of Beaumont called 500 acre tract of land described by an instrument recorded in Volume 278, Page 374, of the Deed Records of Jefferson County, Texas (D.RJ.C.T.), the side lines of said pipeline easement shall be located 15 -foot each side of parallel and adjacent to said survey line and shall be extended or shortened to intersect at angle points and grantor's boundary lines, said survey line being more particularly described as follows: Bearings shown hereon are referenced to the Texas State Plane Coordinate System, South Central Zone 4204, NAD83. Distances hereon are grid and may be converted to surface by dividing by a combined scale factor of 0.999923423. COMMENCING at a 1/2 -inch iron rod found marking a southern comer ofthe residue ofthe Tytcx Properties, Ltd., called 853.48 acre tract of land described by an instrument recorded in Volume 2358, Page 8 ofthe D.R.J.C.T.; THENCE North 68°28'00" East, a distance of 2,94639 feet to the POINT OF BEGINNING ofthe herein described survey line, on the east line of the Devin Miller and Dekaylea Richard called 8388 acre tract of land described by an instrument recorded under Document No. 2018018935 of the Official Public Records of Jefferson County, Texas (O.P.IU.C.T.) and the west line of said 500 acre tract; THENCE South 82'25'43" East, a distance of 2,968.96 feet to the POINT OF TERMINUS of the herein described survey line on the east line of said 500 acre tract and the west line ofthe residue ofthe City of Beaumont, called 2,18350 acre tract of land described by an instrument recorded under Instrument No. 9003030 ofthe O.P.R.J.C.T. from which a 1/2 -inch iron rod found marking the north comer of said 8.388 acre tract bears North 60°41'57" West, a distance of 3,221.54 feet. The total length ofthe herein described survey line is 2,968.96 feet or 179.94 rods, said pipeline easement containing an area of 2.045 acres (89,069 square feet) of land and the temporary workspaces containing a total area of4.782 acres (208,339 square fed) of land. Said survey line, proposed 30 -foot wide pipeline easement and temporary workspaces are illustrated on Exhibit "Bl" and "B2" dated 4/02/2019 Drawing Number 13085 -01 -TX -JF, -077.000 -LONE STAR.DWG., "Rev 1". MORRIS P. HEBERT, INC. 10101 SOUTHWEST FREEWAY, SUITE 620 HOUSTON, TEXAS 77074 (713)219-1470 FIRM NO. 10142100 Philip O.Nolan �_',_1cl Rcgistered Professional Land Surveyor Texas Registration No. 6061 Sheet 1 of 3 '—� .JEFFERSON COUNTY, TEXAS gAUtUM M7VA 4 LEAGM Arai R \ i TKR E -050.320D GMMN�F�A melt PRtIPER11eS \ DDC. N0. 20180la9 5 O.FJLJ.C,T, VOL. 2358. PG. 8 DJL!irh. � CALLED 0.388 ACRES THE RESIWE OF A \ CALLED 853.48 ACRES \ 1 =BIT "Bill SYMBOLS LEGEND Found PrUndergound operty corner 0 Easomoni corner 1/2' RCN ROD ots.c—c O N0. 71)Crp+epOd.e � �� Itworlmi,ha're110 9arna tar1 9-/L -- yA---- rtrmr�=.•lxuvarc•rmronrcns >renrU.nn. •tnrrrc v. ARBREVIATIONS P.O.C. LFGEND POINT OF COMMENCING P.O.Q. POW OF BEGINNING P.O.T. POW OF TERMINUS ESM'T Easement O.P.R.I.CT. Officlat Public Racorde of Jefferson County, Tewa J.C.CF. No. Jefferean County Clerk's Rte Number O.RJ.C.T. Deed Records of Jeffonwn County, Teves 1/2' RCN ROD P.O.B. ots.c—c • 1OUKA FACRM- N0. 71)Crp+epOd.e � �� Itworlmi,ha're110 9arna MOR18 p. T�81)ert TLIOr 1t0U9MS70 CIL=/0f7 rtrmr�=.•lxuvarc•rmronrcns >renrU.nn. •tnrrrc v. 101011kum,7FFA..�r.3,:Wx i.u.ite7a VOL. 278, PC. 374 D.R.J.C.T. w 711119-1410 FANG 7"IM4) t FIRM M. IOtA21n0 *ws— i P.O.B. 800' 0 800' SCALE IN FEET Lone Star NGL Pipeline LP --7 EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, 7EXAa 1 SURVEY UNE PROP. ' '- i o r N0. 30' ESM'T I REVISION DRAWN BY: NM I ,. SUBJECT CRY OF BEAUMONT+"�.. -IPROPERTY ', VOL. 278, PC. 374 D.R.J.C.T. w CALLED 500 ACRES CAD FILE. 13085-01—TX—JE-077.000--LONE STAR DWG 0* .M. 1/2' IRON ROD er {a . _ SURVEY LINE PROP. 30'- (iCT> MAP WIDE PA ESM T (SEE DETAIL "A') {EXHIBIT B2 SHEET 3 OF 3) -079.3101 ' aw. H0. 9(10.70 GJ'JtJ.C.T. 4 — THE RESWE OF A ` \ P.Q.T. CALLED 2.183.80 ACRES 1� 1 • 800' 0 800' SCALE IN FEET Lone Star NGL Pipeline LP --7 EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, 7EXAa 1 1 4/02/19 REVISED ROUTE — IFA N0. I DATE I REVISION DRAWN BY: NM SHE 2 OF 3 CHECKED BY: PON SCALE : AS SHOWN APPROVED BY. PGN DATE 11/28/18 CAD FILE. 13085-01—TX—JE-077.000--LONE STAR DWG DETAIL "A" (NOT TO SCALE) Vj*SP try .'fir hw' .-.... - - _:,- PROPOSED 30' WIDE P/L FASENEM CI TEMPORARY WORKSPACES t B 2 SURVEY LINE LENGTH RIGHT OF WAY LAND USE 30' WIDE PIPELINE ESMTT 2,968.96 LF./179.94 RODS 89,069 SO. FT./2.045 ACRES TEMP. WORKSPACE 1 14,830 SO. Fr./0.340 ACRES TEMP. WORKSPACE 2 193,509 S0. FT./4.442 ACRES ToTAL T,W.S. 208,339 SO. FT./4.782 ACRES MMIT "B2" (SEE MUM "111" FOR PLAN VIM .i corse.,xutmn.�mOr,��wnprtpit7�Limn itrrltt+��v MIDI 7 I / N 0 . ��. I�,,,, FN0. CONlYtE1E YONBMST (MMUL HE SUED. CORNER) IRON RIO SURVEY UNE \ PROP. 30' ESWT mP.Q� P.O.& P.M. PROPERTY DETAIL 1, 13earings shmm hpeon are rekmvcd to Texas State Place Cconiinsle System, Sooth Central Zone 4241 NAD53. Distances hereon am grid suit may be omrdledlo surface by dividing by M combhed scale factor Of0.999�23423, 2.7hisexhibit waspseperedsri thelxmefgofo faI&kwaance;thavtory,easementsofmcowmayy arist mid.tue nots� vo Macs T owatasblp isfb�df" sa ad oohs srmm 110MI , P10ViM by Contract Land Siaff, LLC No IrddOhmW sesaarch.has been performadby M-A"A.iH beA tn0. 3. An on -the -ground effort has beta mite to locate and indiasteall cabin, Pipelines, ut8ities, cis. crossed by the proposed Iwk4 however, drk to the inbereat UWbdoss of ekolronk magactic I ling a hark P. Hebert, lm is not responsible for my not located daring the course of the survcy. it Is not %vi8dn the scope of this exhibit to locate all buried utility Iftes on ibis property, not all Improvements shown hercon. 4. A sepsmla reeks Mad bowds deseriptim Wled Exhibit "A" temmpnics"piaL Lone Star NGL Pipeline LP J DWIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUN1Y. TEXAS Philip bit Nolan v Registered Professional Land Surveyor Texas Registration No. 6061 4/02/19 ISD ROUTE — WA N0. 1. DATE DRAWN BY: NM SHEET: 3 OF 3 CHECKED BY: PON SCALE : AS SHOWN APPROVED BY: PON DATE: 11/28/18 CAD FILE: 13085-01 TX—JE—M.0DO--LONE STAR.DWG Payment Statement Tract Number: TX -JE -077.000 Landowner Name(s): City of Beaumont Orbit Lone Star Total Payment for Right Of Way Total Payment for Access Roads Total Payment for Surface Site Total Payment for ATWS Total Payment Amount Landowner Date Landowner Date Right of Way Agent Date �crC �.uuu TX -JE -07Z 00- C �' ti - -: T "lE'�)7d 0•E-079AOL� :. n :JE-OB3!000� , TX -JE -092.900 JE- �8^200 f �'- �J� 17 »Z 000 TXJE-092. 0 j --07J_008` TX JE-CBO,000. E. .e„�TXLE-09C3 OOi 0TX-JE Q�QO _ E-07 OOQ , TXJE 300 TX-J� �84.0Ol.+T C=JE- 86300 ! 1 i ATX=JE=085.0 TXJE-090 00 + X-vr JC -O 1000 gE-07 9b0 i Aq T-XrIE_0853CO �: . 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