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HomeMy WebLinkAboutRES 19-178RESOLUTION NO. 19-178 WHEREAS, Orbit Gulf Coast NGL Exports, LLC has requested the City to convey two (2) thirty foot (30') wide pipeline easements, situated in the C. Hillebrandt League, situated in the Samuel Stivers League, shown in Exhibits "1" and "2," respectively, attached I hereto, to the City of Beaumont for the installation and construction of one (1) twenty foot (20') and one (1) sixteen foot (16') pipeline to transport ethane; and, WHEREAS, Orbit Gulf Coast NGL Exports, LLC has requested the City to convey one (1) temporary road access easement as described and shown in Exhibit "3," attached hereto, to the City of Beaumont for the installation and construction of one (1) twenty foot (20') and one (1) sixteen foot (16') pipeline to transport ethane; and, WHEREAS, the City Council has considered the execution of said pipelines easements and is of the opinion that said pipeline easements 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 easements as described above to Orbit Gulf Coast NGL Exports, LLC for consideration of $616,820.00. 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. 0 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. ��iryor Becky _ 1z. PROJECT: Orbit Gulf Coast NGL Exports, LLC 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 ORBIT GULF COAST NGL EXPORTS, LLC, a Delaware limited liability company with its mailing address at 1300 Main Street, Houston, Texas 77002, its successors and 1 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 Exhibit 1 PROJECT: Orbit Gulf Coast NGL Exports, LLC' TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas permanent easement granted herein, and such other additional work space to be used as working 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 PROJECT: Orbit Gulf Coast NCL Exports, LLC TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas land to substantially the same condition as it was prior to the commencement of such installation 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: Orbit Gulf Coast NGL Exports, LLC 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 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. [signature pages to follow] PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -079310 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Haves Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Haves. 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: Orbit Gulf Coast NGL Exports, LLC Robert Rose, ' e Ppre9ident of La & Right of Way ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § Notary Public, State of Texas This instrument was acknowledged before me on 2019 by Robert Rose in the capacity of Vice President of Land and Right of Way, of Orbit Gulf Coast NGL Exports, LLC, a Delaware limited liability company, on behalf of said company. CYNTHIASANCHEZAMRON Notarylic Texas No[ary ID #2700786 J3 021 y My Commission Expires March 25, 2023 My Commission Expires p� Please Return To: Orbit Gulf Coast.NGL Exports, LLC PO Box 122 Crosby, TX 77532-0122 TX -JE -079.310 -ORBIT 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 C. Hillebrandt League, Abstract No. 28, Jefferson County, Texas, being upon, over, through and across the residue of the City of Beaumont, called 2,18350 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 1 -I/2 -inch iron pipe found marking the northeast interior comer ofsald 2,183.50 acre tract; THENCE South 64'07'15" West, a distance of 6,007.58 feet to the POINT OF BEGINNING of the herein described survey line, on the west line of said 2,183.50 acre tract and the east line of 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.R.J.C.T.), THENCE South 82125743" East, a distance of4,856.65 feet to a point THENCE South 82°34'49" East, a distance of 2,301.43 feet to the POINT OF TERMINUS of the herein described survey line on the east line of said 2,18150 acre tract and the west line of the B.E. Quinn 111, et a], called 83.74 acre tract of land described by an instrument recorded under Document No. 2012037631 and Document No. 2019005603 both of the O.P.R.J.C.T., from which a 1 -inch iron pipe found, marking the most easterly northeast corner of said 2,183.50 acre tract, bears North 03023'49" West, a distance of 3,635.70 feet. The total length of the herein described survey line is 7,158.08 feet or 433.82 rods, said pipeline easement containing a total area of 4.930 acres (214,742 square feet) of land and the temporary workspaces containing a total area of 4.699 acres (204,674 square feet) of land Said survey line, proposed 30 -foot wide pipeline easements and temporary workspaces are illustrated on Exhibit "B 1" and "B2" dated 05/08119 Drawing Number 13085-01-TX-JE-079310-ORBIT.DWG, "Rev 2". MORRIS P. HEBERT, INC. 10101 SOUTHWEST FREEWAY, SUITE 620 HOUSTON, TEXAS 77074 (713)219-1470 FIRM NO. 10142100 oe� Com- *.a.QeL. g- Philip Golan Registered Professional Land Surveyor Texas Registration No, 6061 Sheet 1 of 3 VOL 27�7ACRES C.T. CALLED 4)®1T "B1" SYMBOLS LEGEND Found Property comer Qi Easement comer 0 Underground foreign P/L TOP of Bonk P.O.C. POW OF COMME11CM P.O.B. POINT OF BEGMNMO P.O.T. POW OF TEAMMUS ES1PT Easoment O.PJU.C.T. ' official Public Records Jefferson County, Texas J.C.C.F. No. jsff n�CouMy Gerle's " SUBJECT. ' ZFile D.RAC.T. Deed Records of • PROPERTY Jefferson County, Texas P.O.B. tris P. Hebertl inc, ,a101 nCnhs.ntrmwnu J(4'Irn •rLIO Y1"1 •a! JEFFMSON COUNTY, TEXAS C M6APDT LSA(iU$ A—,SB— PO.C— FND. 1-1/2' IRON PIPE " SUBJECT. ' • PROPERTY L 7X—JE— CRY of / _ � ~ �', �,~ � P OF B MONT / INST. N0, 9003030 O.P.RJ.0 T. THE RESIDUE OF A r; CALLED 2,183.50 ACRES SURVEYt LINE PROP. / SURVEY LINE PROP. 30' 30' ,ESM'T / WIDE PA ESM'T VICHRTY M' (SEE DETAIL "B") (1"=2 miles) / (EXHIBIT B2 SHEET 3 OF 3)I a / Y _ 7X--JE-098.3401 ' �..�S 82*25'43• 4.856,65' _ DOC, NMM 20 2037aa1 0.F a ICA, LL ACRES6174 SEE DETAIL "A" S 82 DOC, NCALLED 8005803 �J.C.T. �, 3449• (EXHIBIT B2 — 2.301.43' SHEET 3 OF 3) P.O.T. N- 1000' 0 1000' SCALE IN FEET Orbit Gulf Coast NGL Exports, LLC EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS MY OF BEAUMORT PROPERTY JEFFERSON COUNTY, TEXAS 2 105/08/19 1 REVISEU ROUTE — IFA N0. I DATE' I REVISION DRAWN BY' NM SHEET: 2 OF 3 CHECKED BY. PON' SCALE : AS SHOWN APPROVED BY; PGN DATE' 11/27/18 CAD FILE. 13085-01--TX—JE-079.310—ORBIT.DWG DETAIL "A" — (NOT TO SCALE)-.-- DETAII. "B" — (NOT TO SCALE) . SURVEY LINE W. to — —'�PROPOM RIGHT OF L���� PA FASEMEHT C/] 214,742 SO. FT./4.930 ACRES TEMPORARY WORKSPACES 1—� SURVEY LINE LENGTH 7,I5B.08 L.F.1433.82 RODS RIGHT OF L���� 30' WIDE PIPELINE ESMT 214,742 SO. FT./4.930 ACRES TEMP. WORKSPACE 1 1,113 SO. FT,/0.026 ACRES TEMP. WORKSPACE 2 5,938 SQ FT./0.136 ACRES TEMP. WORKSPACE 3 171,767 SO. FT./3.943 ACRES TEMP. WORKSPACE 4 25,856 S0. FT./0.594 ACRES TOTAL T.W.S. 204,674 S0. FT./4.699 ACRES MaUM "02" (SSS MMIT "Bl" FOR PLAN YlSlfl P,O.Q.— MIX I -11r IRON PIPE. FM. 1- ll= POSE \ ` P I. P.O.B. SURVEY UNE PROP. 30' ESN'T PROPERTY DETAIL MMERAL NOTES 1. Bcuings Showa hereon are mfbmucd to Texas Stste Plane Coordicate System Soam Central Zane 4204, NAD83. Dbleoces 110-11 am grid and rosy be emvoted to surface by dividing by a combined state factor of 0.9 9 9923 4 23. 2.711111 c*" well prepared without the bemefit of a commitment for tick Imuraaoe; therafore, easements of meord may q Coot as t nand to L hereon. The owaenhlp Lilbmurtoa ottha auby��ect dad edfoLrmg ants. shown hemoo, provided by �����, i-- Coatratland StatGLLC No additional resesrch Las been pesfottaodby Morro Hebert lac. Phplp .Nolan 3. An on -We -ground effort hes been nude to locate and indlegm all eabk,, pipcGaa, utilities, etc. crossed by the proposed Reglstered Professional Land Surveyor proJed; howove , due to the inhnwtlimiwlons of eleehoula magnedo locating otiWi num, Moms P. Hebut Im Is not Texas Regletratlon No. 6061 mspomffik for any not too" during the carie of the survey. it is not within the scope oftbis exhibit to locate all lotied utility litres on this property, not all imptovonno4 shown ber0oa. 4. A separate aures andbouo& descriptloo titled Exhibit •A" accompooleg this plot, 2 105/08/19 1 REVISED ROUTE — IFA N0. I DATE I REVISION Orbit Gulf Coast NGL, Exports, LLC ] EXHIBIT OF A PROPOSED PIPEIJNE EASEMEWr ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS DRAWN BY: NM SHEET: 3 OF 3 CHECKED BY: PGN SCALE : AS SHOWN APPROVED BY; PGN I DATE: 11/27/18 CAD FILE: 13085-01—TX—JE-079.310—ORBIT.DWG PROJECT: Orbit Gulf Coast NGL Exports, LLC 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 ORBIT GULF COAST NGL EXPORTS, LLC, a Delaware limited liability company 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 Exhibit 2 PROJECT:. Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas permanent easement granted herein, and such other additional work space to be used as working 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 PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas land to substantially the same condition as it was prior to the commencement of such installation 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: Orbit Gulf Coast NGL Exports, LLC 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. 0 [signature pages to follow] PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Haves Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Haves, 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: Orbit Gulf Coast NGL Exports, LLC B' Ro rt Rose, V' a Pres' fntof Lan Rig Way ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § Notary Public, State of Texas This instrument was acknowledged before me on- � , 2019 by Robert Rose in the capacity of Vice President of Land and Right of Way, oY Orbit Gulf Coast NGL Exports, LLC, a Delaware_limited liability company, on behalf of said company. CYNTHIA SANCHEZ AMRON Notary Pu lic, tate f exas x Notary ID #2700766 r' My Commission Expires March 25. 2023 My Commission Expires dk-oNa,1.� Please Return To: Orbit Gulf Coast NGL Exports, LLC PO Box 122 Crosby, TX 77532-0122 TX -JE -077.000 -ORBIT 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.R.I.C.T.), the side lines of said pipeline casement 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 marling a southem comer of the residue of the Tylex Properties, Ltd., called 853 AS acre tract of land described by an instrument recorded in Volume 2358, Page 8 of the D.R.J.C.T.; THENCE North 68'33"10" Fast, a distance of 2,944.04 feet to the POINT OF BEGINNING of the herein described survey line on the east line of the Devin Miller and Dekaylea Richard called 8.388 acre tract of land described by an instrument recorded under Document No. 2018018935 of the Official Public Records of Jefferson County; Texas (O.P.R.J.C.T.) and the west lime of said 500 acre tract; THENCE South 82125'43" East, a distance of 2,969.81 feet to the POINT OF TERMINUS of the herein described survey line on the east lime ofsaid 500 acre tract and the west line ofthe 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 O.P.R.J.C.T. from which a 1!2 -inch iron rod found marling the north corner of said 8388 acre batt, bears North 60°37'23" West, a distance of 3,274.27 feet The total length of the herein described survey line is 2,969.81 feet or 179.99 rods, said pipeline easement containing an area of 2.045 acres (89,094 square feet) of land and the temporary workspaces containing a total area of4.782 saes (208,337 square feet) of land Said survey line, proposed 30 -foot wide pipeline easement and temporary workspaces are illustrated on Exhibit "BI" and "112" dated 4!027019 Drawing Number 13085-01-TX-JE-077.000-ORBIT.DWG., "Rev 1". MORRIS P. HEBERT, INC. 10101 SOUTHWEST FREEWAY, SUITE 620 HOUSTON, TEXAS 77074 (713) 219-1470 FIRM NO. 10142100 AI -1L -i9 Philip GINolan Registered Professional Land Surveyor Texas Registration No. 6061 Sheet I of 3 JEFFERSON COUNTY, TEXAS SAM= STIVMZS LEAGUE, A-51 N \ \DENN MBI I Ea AND TlMa fflw RTES TD \ DFI[AYr C1..RICu!9D VOL. 2358. PG. 8 D.R.J.C.T. \DOC. No. 2018018835 OP.R.J.C.T. Tiff RESIDUE OF A CALLED 8.388 ACRES CALLED 853.4B ACRES \ err "Bi" SYMBOLS LEGEND Found Property comer Q Easement comer 0 Unda9round foreignPA �rI /P.O.C.— P.O.C.POINT OF COMMENCINGP.O.B. POINT OF BEGINNINiP.O.T. POINT' OF TERMINUS ESM'T Easement OPJLJ.C.T. Official Public Records of FND• 1/2' IRON ROD Jefferson County, Texas J.C.CF. No. Jefferson County Clerk's Filo Number D.R.J.C.T. Deed Records of Jefferson County. Texas •BavNA 1414"31 rAal�vm: �,•(B PHobe.�Inc 'N00Sr0NPALWsw!15g!ieTii[.. r .e WOW! reroi Sart Wm lM.q ]Ja670 IbW...Tm.tror. CITY OF BEAUMONT VOL. 278, PG. 374 D.R.J.C.T. CALLED 500 ACRES �FND. 1/Y IRON ROD P.O.S. PROP. W" ,, Ow ilk SURVEY LINE PROP. 30CINM MAP WIDE P/L ESM'T (1"=2 miles) r (SEE DETAIL "A") {EXHIBIT B2 SHEET 3 OF 3) \ — CIT' OF BEAUMONr \ MST. NO. 9003030 O.PJW.O.T. \ THE RESIDUE OF A P.O.T. CALLED 2.193.50 ACRES 6 .81 t t 800' 0 800' SCALE IN FEET r Orbit Gulf Coast NGL Exports, LLC EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS 1 14/02/19 1 REVISED ROUTE IFA N0. I DATE I REVISION DRAWN BY: NM SHEET: 2 OF 3 CHECKED BY: PGN SCALE : AS SHOWN APPROVED BY: PGN DATE: 11/27/18 CAD FILE: 13085-01—TX—JE-077.000—ORBIT.DWG PROPOSED 30' WEE P/L FASENeff TEMPORARY WMWACM 1 de 2 SURVEY LINE LENGTH RIGHT OF WAY LAND USE 30' WIDE PIPELINE ESM'T DETAIL "An (NOT TO SCALE) 2,969.81 L.F./179.99 RODS 89,094 S0. FT./2045 ACRES TEMP. WORKSPACE 1 29,676 S0. FT./0.681 ACRES TEMP. WORKSPACE 2 178,661 SO. FT./4.101 ACRES TOTAL T.W.S. 208,337 S0. FT./4.782 ACRES MMBrr "B2" (SRE MIRMIT "Bl" FOR PLAN VDM FND. CONCRETE N11la111FNT I (ORIGINAL HE SURD. OORNI FND. 1/2" IRON ROD SURVEY IAtE \ P OP. 30' ESl'i P. FRD.1/Y P.O.& P.O T. RM ROD �- PROPERTY DETAIL GENERAL NOTES: 1. Bearings sbown hereon ere referenced to Texas Seta Plane Coordinate System, South Central Zone 4204, NADIt3. DIV=oes bereon are grid and may be converted to surOce by dividing by a combined Salo factor of0.999923423. 2. This exhibit was prepared without the benefit 43f& commitment fbr title insurance; therefore, easements of record may exist and aro not shown hereon. The==p information of the sub}}� and 0�d�.ining tresis, shown hereon. provided by Contract Land Slat LLC. No WiUanal rassarch has been perfbrmufby Mwrsp, Hebert, it c, 3. An Wbo-ground effort hes been made to locate and indicate all cables, pipeline, utilities, Ge, crossed by the proposed project: however, due to the Inherent limltalioru of electronic magnetic locating equipment, Morris P. Hebert, Inc, is not resp01159le ibrany not located during the course of the survey. It is not witbin.the scope ofthis exhibit to locale all buried Utility linea On this property, not 28,11npraventanls shown hereon. 4. A separate metes and bounds description tided Exhibit "A" accompanies this plat, L*, Orbit Gulf Coast NGL Exports, LLC EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CiTY OF BEAUMONi PROPERTY JEFFERSON COUNTY, TEXAS 6061 <z4"1Uo6- A4-41 Philip . Nolan Registered Professional Land Surveyor Texas Registration No, 6051 1 14202 19 REVISED ROUTE NO. I DATE REVISION DRAWN BY: NM - SHEET: 3 OF 3 CHECKED BY: PGN SCALE : AS SHOWN APPROVED BY: PON DATE: 11/27/18 CAD FILE: 13085-01-TX-JE-077.000-ORBIT.DWG Payment Statement Tract Number: TX -JE -077.000 Landowner Name(s): City of Beaumont (Orbit Lone Star $179,990.00 Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages 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 Landowner Landowner Right of Way Agent $179,990.00 Total Payment Amount Date Date Date PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -079.310 ACCESS ROAD 40 COUNTY: Jefferson County, Texas TEMPORARY ROAD ACCESS EASEMENT STATE OF TEXAS COUNTY OF JEFFERSON This Road Access Easement (the "Easement"), effective , 2019, between City of Beaumont, Texas ("Grantor"), whose mailing address is 801 Main Street, Beaumont, Texas 77705, U.S-A, and ORBIT GULF COAST NGL EXPORTS, LLC, a Delaware limited liability company, whose address is 1300 Main Street, Houston, Texas, 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For $10.00 and other good and valuable consideration, Grantor grunt's to Grantee, subject to the terms and conditions stated in this Easement, non-exclusive right of entry and access to the properties as shown in Exhibit "A". 1. The tern of this Easement shall be for a period of eighteen (18) months from the date of execution. However, if Grantee has completed its use of this Easement prior to the eighteen (18) month period and so states in writing, then the Easement shall immediately terminate. 2. Grantee will promptly repair any and all damage done to the Access Road caused by Grantee's use. Further, Grantee will pay for any and all damage caused from Grantee's use of the Access Road. 3. Grantee understands that Grantor has not inspected the Access Road's condition and surrounding properties. Grantee's right to enter the property and utilize the access road is on an "as is" basis and at Grantee's sole risk. 4. Grantee must use the access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee also will not bring any firearms or fishing equipment onto the access road. 5. Grantee must indemnify, defend and hold harmless Grantor, Grantor's heirs, successors, assigns, transferees, employees, agents, lessees, contractors, subcontractors, as well as trustees, beneficiaries, relatives, partners, officers, directors and related or affiliated entities from any and all liens, claims, demands, costs (including but not limited to attorneys' fees, accountant's fees, engineer's fees, consultant's fees and expert's fees), expenses, damages, losses and causes of action for damages because of injury to persons (including death) and injury or damage to or loss of any property or improvements caused by Grantee's acts or omissions. 6. This easement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing per• 7. All modifications of this Easement must be in writing and signed by both parties. EXECUTED this day of , 2019. Exhibit 3 PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -050.320 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Hayes Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared kyle Haves, 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: Orbit Gulf Coast NGL Exports, LLC By 1O o ert Rose ice P dent of d & Righ f Way ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § Notary Public, State of Texas This instrument was acknowledged before me on� 1_ 2019 by Robert Rose in the capacity of Vice President of Land and Right of Way, of Orbit Gulf Coast NGL Exports, LLC, a Delaware limited liability company, on behalf of said company. 4� CYNTHIA SANCHEZ AMRON Notary PuW, , Sta of Te s yCommission U2700786 My rch2 Expires M Commission Ex ireS 5 h "��r i� Mann zs, zozs Y P Please Return To: Orbit Gulf Coast NCL Exports, LLC PO Box 122 Crosby, TX 77532-0122 a a a ' t - + 4 .y 4� + u tt�t t �'l S{' �'' r•k . �?"P r-!E4.{'E� � fy '�'11'T�- \.k'i;�� �.?::.,il—•r .r �+.i� 4• � t r � �l lij 6� �y{=�T�•�'i�f�rda-�� �'�i� "..+-t�tjs—•--------------- ---.._ �. _ _ fE��,;;,.[�irs.�$6v'�?;ii''�N31�'��''�'t-i;'iJi�s4�'�q:+tib'` :'F�1-=Y� O'n, PM 10 Payment Statement Tract Number: TX -JE -079.310 Landowner Name(s): City of Beaumont Orbit $433,820.00 Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages Lone Star Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages $3,010.00 Total Payment for Access Roads Total Payment for Surface Site Total Payment for ATWS Landowner $436, 830.00 Total Payment Amount Date Landowner Date Right of Way Agent Date '_c+4a�.uuuWTa`JE-0 GO- TIE'aJ75L27J0•, � • E-0791 00 �_ --� {=JE-OBWQQ4 ti ' TX -JE -092.90Q TX-JEY8'200`" ��^J�-08?000— L ` 2D TX-')E-(3"92 =-� . 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