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HomeMy WebLinkAboutRES 19-211RESOLUTION NO. 19-211 WHEREAS, Lone Star NGL Pipeline, LP has requested the City to accept two (2) temporary work space easements, situated in the C. Hillebrandt and Samuel Stivers Leagues, as described and shown in Exhibits "A", respectively, attached hereto, to the City of Beaumont for the additional temporary work space for their bore pit and drill entry; and, WHEREAS, the City Council has considered the execution of said temporary work space easements and is of the opinion that said temporary work space easements are necessary and the 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 temporary work space easements as described above to Lone Star NGL Pipeline, LP for consideration of $720.00. 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 1st day of October, 2019. 111�7�rni!' .:Am- PROJECT: Lone Star NGL Pipeline LP TRACT: TX-JE-079.310 COUNTY: Jefferson County, Texas NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER ADDITIONAL TEMPORARY WORK SPACE EASEMENT THIS ADDITIONAL TEMPORARY WORK SPACE EASEMENT ("Temporary Easement") made this day of 2019, City of Beaumont, whose address is 801 Main Street, Beaumont, Texas 77701(hereinafter called "Grantor" whether one or more). For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and deliver unto Lone Star NGL Pipeline LP, a Delaware limited partnership, whose mailing address is 1300 Main Sheet, Houston, Texas 77002, its successors and assigns (hereinafter collectively, referred to as "Grantee"), a non-exclusive temporary work space easement, being 0.12 acres in size and as approximately shown on the Exhibit, attached hereto and made a part hereof, for Grantee and its successors, assigns, agents, employees and other representatives during the construction to maintain, use, repair, replace, modify, alter and restore the temporary workspace area ("Temporary Easement Area") located within the following property in Jefferson County, Texas more particularly described below, together with all other rights as may be reasonably necessary for the full use and enjoyment thereof. Being a 2,183.50 acre tract of land being that certain tract of land out of the northern portion of the Christian Hillebrandt League, Abstract No. 28, Jefferson County, Texas. The consideration received for this Temporary Easement includes payment for reasonable anticipated damages caused by the use of the Temporary Easement. In addition to the purposes set forth above, the rights granted under this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, surveying, and inspecting. Grantee's use of the Temporary Easement Area shall be for a period (the "Term") commencing on the date upon which Grantor executes this Easement ('Execution Date") and terminating on the earlier of (i) the date upon which Grantee completes its work and has no further use for the Temporary Easement Area, or (ii) the date that is eighteen (18) months from the commencement of construction. Grantee shall have the right to clear and keep the Temporary Easement Area cleared of all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so. Except for damages arising for the foregoing and excluding reasonable anticipated damages for which consideration has already been paid, Grantee shall repair any and all extraordinary damage done to the Temporary Easement Area caused by the exercise of any rights granted hereby. Further, Grantee shall restore the Temporary Easement Area and adjacent surface area disturbed during Grantee's use, as much as is reasonably practicable, to substantially the same condition that existed immediately preceding Grantee's use of the Temporary Easement Area. Grantor shall not, during the Term of the Temporary Easement, (a) place any building, structure, improvement, trees, bushes or other obstruction within or upon the Temporary Easement, (b) alter the ground surface or grade of the Temporary Easement Area, or (c) take any other action inconsistent with the rights granted to Grantee hereunder. Grantee shall have the right, at its option and cost, to install gates in any fences crossing said Temporary Easement Area. Upon the expiration of this Temporary Easement, Grantee shall restore the ground surface as nearly as practicable. All fixtures, equipment, and improvements placed on or fixed to the Property by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property fiom the Temporary Easement Area. Grantor represents and warrants to Grantee that Grantor is the owner in fee simple of the lands above described and the persons signing this agreement are all those necessary to convey the rights set forth herein. EXHIBIT "A" PROJECT: Lone Star NGL Pipeline LP TRACT: TX-JE-079.310 COUNTY: Jefferson County, Texas Grantee understands that Grantor has not inspected the condition of the Temporary Easement and surrounding properties. Grantee's right to enter the Property and utilize the road is on an "AS IS" basis and at the sole risk of Grantee with respect to the condition of the Temporary Easement Area in its current condition, with all defects, if any. Grantee may freely assign the rights hereby granted, either in whole or in part. This Temporary Easement and all of its terms, provisions and obligations therein shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors, administrators, successors and assigns. This Temporary Easement may be executed in several counterparts, each of which shall be an original of this agreement but all of which, taken together, shall constitute one and the same Temporary Easement and be binding upon the parties who executed any counterpart, regardless of whether it is executed by all parties named herein. This Temporary Easement constitutes the entire agreement and supersedes any and all prior oral understandings and/or agreements, if any, concerning the subject of this Temporary Easement. Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee (which is not expressed or referenced specifically within the Temporary Easement in executing this Temporary Easement, that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Temporary Easement is free and voluntary; this Temporary Easement may not be modified or amended except on or after the date hereof by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. IN WITNESS WHEREOF, with intent to be legally bound hereby, Grantor has executed this instrument this day of 2019. 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. Notary Public, State of Texas Please Return To: Lone Star NGL Pipeline LP PO Box 122 Crosby, TX 77532-0122 Office Locmiens: -HOUMA FACILITY. _ a 283 orpunto])rive e ®,� _ ®e m • omo Ffo . Lo isivnu 70760 —Morris P. Hebert, IRC, 879-2771 FAX: 985-876-9052 -HOUSTONFACILITY- iLY.!'1/AG•l.141.Y!'!'Y.Ih4'•E\'lll'U,Y,Vfi1'pAI YkY'I'II2'+•YIlLU S'!kYlf'L'+•n/' 10101 South West F—WAY, Suite 620 FIRM N'O. 10142100 Houston, Tesos, 77074 717419-1470 FAX: 712-219-1471 hup:rrsvww.mphlna.com 100 ' 0 100 SCALE IN FEET LONE STAR NGL PIPELINE LP EXHIBIT OF CITY OF BEAUMONT JEFFERSON COUNTY,. TEXAS DRAWN BY: JNIII SHEET: 1 OF 1 CHECKED BY: RJB SCALE: AS SHOWN APPROVED BY: PGN DATE: 4/4/19, MPH GIS FILE: TX—JE-079.310—ATWS—EXH9IT Lone Star NGL Pipeline LP Tract: TX-JE-079.310 County: Jefferson Check: RECEIPT AND RELEASE THE UNDERSIGNED, for and in consideration of the sum, One Hundred Twenty and 00/100 dollars ($120.00),paid to the undersigned by Lone Star NGL Pipeline LP the receipt of which is hereby acknowledged, does hereby remise, release and discharge Lone Star NGL Pipeline LP, their respective successors and assigns, from any and all actions and causes of actions, debts, claims and demands whatsoever which the undersigned, its successors or assigns, now have or may hereafter have against said. Lone Star NGL Pipeline LP, its successors and assigns for or on account of any inconvenience caused the undersigned or on account of any injury or damage which have been or which may be done to any property, real or person, on, in or about the lands of the undersigned know as Jefferson County, Texas by reason of or on account of the pipeline construction activities of Lone Star NGL Pipeline LP. The terms, covenants, and provisions of this Receipt And Release shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the executing parties. IN WITNESS WHEREOF, the undersigned have hereunto set their hand this day of , Recipient Date 74-6000278 FIN or SSN Agent Date 2010-1 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 $120.00 Total Payment for ATWS Total Payment for Anticipated Damages Description of Anticipated Damages Total Payment for Access Roads Total Payment for Surface Site $120.00 ;. Total Payment Amount Landowner Date Landowner Date Right of Way Agent Date PROJECT: Lone Star NGL Pipeline LP TRACT: TX-JE-077.000 COUNTY: Jefferson County, Texas NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER ADDITIONAL TEMPORARY WORK SPACE EASEMENT THIS ADDITIONAL TEMPORARY WORK SPACE EASEMENT ("Temporary Easement") made this day of 2019, City of Beaumont, whose address is 801 Main Sheet, Beaumont, Texas 77701(hereinafter called "Grantor" whether one or more). For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and deliver unto Lone Star NGL Pipeline LP, a Delaware limited partnership, whose mailing address is 1300 Main Sheet, Houston, Texas 77002, its successors and assigns (hereinafter collectively, referred to as "Grantee"), a non-exclusive temporary work space easement, being 0.63 acres in size and as approximately shown on the Exhibit, attached hereto and made a part hereof, for Grantee and its successors, assigns, agents, employees and other representatives during the construction to maintain, use, repair, replace, modify, alter and restore the temporary workspace area ("Temporary Easement Area") located within the following property in Jefferson County, Texas more particularly described below, together with all other rights as may be reasonably necessary for the full use and enjoyment thereof. Being 500 acres of land, more or less, situated in the Samuel Stivers League, Abstract No. 51, Jefferson County, Texas. The consideration received for this Temporary Easement includes payment for reasonable anticipated damages caused by the use of the Temporary Easement. In addition to the purposes set forth above, the rights granted under this Easement shall belong to the Grantee and its agents, employees, designees, contactors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the proposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, surveying, and inspecting. Grantee's use of the Temporary Easement Area shall be for a period (the "Term") commencing on the date upon which Grantor executes this Easement ("Execution Date") and terminating on the earlier of (i) the date upon which Grantee completes its work and has no father use for the Temporary Easement Area, or (ii) the date that is eighteen (18) months from the commencement of construction. Grantee shall have the right to clear and keep the Temporary Easement Area cleared of all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so. Except for damages arising for the foregoing and excluding reasonable anticipated damages for which consideration has already been paid, Grantee shall repair any and all extraordinary damage done to the Temporary Easement Area caused by the exercise of any rights granted hereby. Further, Grantee shall restore the Temporary Easement Area and adjacent surface area disturbed during Grantee's use, as much as is reasonably practicable, to substantially the same condition that existed immediately preceding Grantee's use of the Temporary Easement Area. Grantor shall not, during the Term of the Temporary Easement, (a) place any building, structure, improvement, trees, bushes or other obstruction within or upon the Temporary Easement, (b) alter the ground surface or grade of the Temporary Easement Area, or (c) take any other action inconsistent with the rights granted to Grantee hereunder. Grantee shall have the right, at its option and cost, to install gates in any fences crossing said Temporary Easement Area. Upon the expiration of this Temporary Easement, Grantee shall restore the ground surface as nearly as practicable. All fixtures, equipment, and improvements placed on or fixed to the Property by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property from the Temporary Easement Area. Grantor represents and warrants to Grantee that Grantor is the owner in fee simple of the lands above described and the persons signing this agreement are all those necessary to convey the rights set forth herein. PROJECT: Lone Star NGL Pipeline LP TRACT: TX-JE-077.000 COUNTY: Jefferson County, Texas Grantee understands that Grantor has not inspected the condition of the Temporary Easement and surrounding properties. Grantee's right to enter the Property and utilize the road is on an "AS IS" basis and at the sole risk of Grantee with respect to the condition of the Temporary Easement Area in its current condition, with all defects, if any. Grantee may freely assign the rights hereby granted, either in whole or in part. This Temporary Easement and all of its terms, provisions and obligations therein shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors, administrators, successors and assigns. This Temporary Easement may be executed in several counterparts, each of which shall be an original of this agreement but all of which, taken together, shall constitute one and the same Temporary Easement and be binding upon the parties who executed any counterpart, regardless of whether it is executed by all parties named herein. This Temporary Easement constitutes the entire agreement and supersedes any and all prior oral understandings and/or agreements, if any, concerning the subject of this Temporary Easement. Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee (which is not expressed or referenced specifically within the Temporary Easement in executing this Temporary Easement, that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Temporary Easement is free and voluntary; this Temporary Easement may not be modified or amended except on or after the date hereof by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. IN WITNESS WJiEREOF, with intent to be legally bound hereby, Grantor has executed this instrument this day of 2019. 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. Notary Public, State of Texas Please Return To: Lone Star NGL Pipeline LP PO Box 122 Crosby, TX 77532-0122 SYMBOLS ND V LONESTAR P/L SUBJECT TRACT ®ADDITIONAL TEMPORARY WORKSPACE (ATWS) TEMPORARY WORKSPACE 1 (TWS) r'—� PIPELINE EASEMENT L L_ � OFFLINE TRACTS OfOtt LucuOanc: -HOOMA FACILITY- _ 287 Corporate Drive _ • Hou a. L.Ili,ilmu70360 Morris P. Hebert Inc. 985-879-2731 FAX: 985-876.9052 3lous3oxFAcalrx. PIY.I{.'YICr.•1.".r.IhY{'HI\f. •I'.l'llY.rF PI.'\rAl l.'Y.III7'C•1'li'1 u l,• •rr1. 10101 SPull1 Wecl PrcCN'ay, Suito 620 Houcmn......77074 FIRM No. 10142100 713-219-1470 FAX; 713-219.1471 hnP:tA—.nlphlnmconl JEFFERS0N C0 UNTY, TEXAS SAMUEL STIVERS LEAG UE, A-51 TX-JE-077.000 CITY OF BEA UMONT ATWSACRES• 0 63 300 0 300 SCALE IN FEET LONE STAR NGL PIPELINE LP EXHIBIT OF CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: JNIII SHEET: 1 OF 1 CHECKED BY: RJB SCALE: AS SHOWN APPROVED BY: PGN DATE: 4/4/19 MPH GIS FILE: TX—JE-077.000—ATWS—EXHBIT Lone Star NGL Pipeline LP Tract: TX-JE-077.000 County: Jefferson Check: RECEIPT AND RELEASE THE UNDERSIGNED, for and in consideration of the sum, Six Hundred Thirty and 00/100 dollars ($630.00),paid to the undersigned by Lone Star NGL Pipeline LP the receipt of which is hereby acknowledged, does hereby remise, release and discharge Lone Star NGL Pipeline LP, their respective successors and assigns, from any and all actions and causes of actions, debts, claims and demands whatsoever which the undersigned, its successors or assigns, now have or may hereafter have against said. Lone Star NGL Pipeline LP, its successors and assigns for or on account of any inconvenience caused the undersigned or on account of any injury or damage which have been or which may be done to any property, real or person, on, in or about the lands of the undersigned know as Jefferson County, Texas .by reason of or on account of the pipeline construction activities of Lone Star NGL Pipeline LP. The terms, covenants, and provisions of this Receipt And Release shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the executing parties. IN WITNESS WHEREOF, the undersigned have hereunto set their hand this day of , Recipient Date 74-6000278 FIN or SSN Agent Date 2010-1 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 Anticipated Damages Total Payment for Access Roads Total Payment for Surface Site Landowner $630 00 Total Payment Amount Date Landowner Date Right of Way Agent Date Lone Star NGL Pipeline LP Tract: TX-JE-079.310 County: Jefferson Check: RECEIPT AND RELEASE THE UNDERSIGNED, for and in consideration of the sum, One Hundred Twenty and 00/100 dollars ($120.00),paid to the undersigned by Lone Star NGL Pipeline LP the receipt of which is hereby acknowledged, does hereby remise, release and discharge Lone Star NGL Pipeline LP, their respective successors and assigns, from any and all actions and causes of actions, debts, claims and demands whatsoever which the undersigned, its successors or assigns, now have or may hereafter have against said. Lone Star NGL Pipeline LP, its successors and assigns for or on account of any inconvenience caused the undersigned or on account of any injury or damage which have been or which may be done to any property, real or person, on, in or about the lands of the undersigned know as Jefferson County, Texas by reason of or on account of the pipeline construction activities of Lone Star NGL Pipeline LP. The terms, covenants, and provisions of this Receipt And Release shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the executing parties. IN WITNESS WHEREOF, the undersigned have hereunto set their hand this off- day of D&D&eK Recipient 74-6000278 FIN or S SN Agent /G. Z-19 Date /0--7-/ Date 2010-1 I Payment Statement Tract Number: TX-JE-079.310 Landowner Name(s): City of. Beaumont lOrbit Lone Star Total Payment for Access Roads Total Payment for Surface Site $ 9 20.00 Total Payment Amount _ --,1 Landowner Date Landowner Right of Way Agent Date Date 4 pgs 2019033283 laf�flllllsll1119111111911� EAS PROJECT- Lone Star NGL Pipeline LP TRACT TX-JE-079 310 COUNTY Jefferson County, Texas NOTICE OF CONFIDENTIALITY RIGHTS- IF YOU ARE A NATURAL PERSON, -YOU MAY REMOVE OR STRM ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS. YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER ADDITIONAL TEMPORARY WORK SPACE EASEMENT THIS ADDITIONAL TEW��O Y WORK SPACE EASEMENT ("Temporary Easement") made this _ _day of 6 LTO ►— 2019, City of Beaumont, whose address is 801 Main Street, Beaumont, Texas 7770 1 (hereinafter called "Grantor" whether one or more) L For and in consideration of Ten Dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and deliver unto Lone Star NGL Pipeline LP, a Delaware limited partnership, whose mailing address is 1300 Main Sheet, Houston, Texas 77002, its successors and assigns (hereinafter collectively, referred to as "Grantee"), a non-excIusive temporary work space easement, being 0.12 acres in size and as approximately shown on the Exhibit, attached hereto and made a part hereof, for Grantee and its successors, assigns, agents, employees and other representatives during the construction to maintain, use, repair, replace, modify, altei and restore the temporary workspace area ("Temporary Easement Area") located within the following property in Jefferson County, Texas more particularly described below, together with all other rights as maybe reasonably necessary for the full use and enjoyment thereof - Being a 2,183.50 acre tract of land being that certain tract of land out of the northern portion of the Christian EftHebrandt League, Abstract No. 28, Jeft'erson County, Texas The consideration received foi this Temporary Easement includes payment for reasonable anticipated damages caused by the use of the Temporary Easement In addition to the purposes set forth above, the rights granted under this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, mstaUmg, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, surveying, and inspecting Grantee's use of the Temporary Easement Area shall be for a period (the "Teri") commencing on the date upon which Grantor executes this Easement ("Execution Date") and terminating on the eaiher of (i) the date upon which Grantee completes its work and has no further use for the Temporary Easement Area, or (n) the date that is eighteen (18) months from the commencement of construction Grantee shall have the right to clew and keep the Temporary Easement Area cleared of all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so Except for damages arising for the foregoing and excluding reasonable anticipated damages for which consideration has already been paid, Grantee shall repair any and all extraordinary damage done to the Temporary Easement Area caused by the exercise of any rights giantedhereby Further, Grantee shall restore the Temporary Easement Area and adjacent surface area disturbed during Grantee's use, as much as is reasonably practicable, to substantially the same condition that existed immediately preceding Grantee's use of the Temporary Easement Ai ea Grantor shall not, during the Tenn of the Temporary Easement, (a) place any building, structure, , improvement, trees, bushes or other obstruction within or upon the Temporary Easement, (b) alter the ground surface or grade of the Temporary Easement Area, or (c) take any other action inconsistent with the rights granted to Grantee hereunder Grantee shall have the right, at its option and cost, to install gates in any fences crossing said Temporary Easement Area Upon the expiration of this Temporary Easement, Grantee shall restore the ground surface as newly as practicable All fixtures, equipment, and improvements placed on or fixed to the Property by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property from the Temporary Easement Area Grantor represents and warrants to Grantee that Grantor is the owner in fee simple of the lands ..,,,,,,,,. above described and the persons signing this agreement are all those necessary to convey the rights set fortkr o�t1±Y CIE0'', TRUE AND CORR,EC. harem COPY OF ORIGINAL =o - _� FILED IN JEFFERS( t 4-d COUNTY CLERK'S 0 ,,,,ill 1,,,,, PROJECT- Lane Star NGL Pipeline LP TRACT: TX-JE-079 310 COUNTY Jefferson County, Texas Grantee understands that Grantor has not inspected the condition of the Temporary Easement and suiroundmg properties Grantee's right to enter the Property and utilize the road is on an "AS IS" basis and at the sole risk of Grantee with respect to the condition of the Temporary Easement Area to its current condition, with all defects, if any Grantee may Seely assign the rights hereby granted, either in whole or in part This Temporary Easement and all of its terms, provisions and obligations therein shall be covenants running with the land affected thereby and shall mure to the benefit of and be binding upon Grantor and Grantee and their respective hens, executors, adonmstratois, successors and assigns This Temporary Easement may be executed in several counterparts, each of which shall be an original of this agreement but all of which, taken together, shall constitute one and the same Temporary Easement and be binding upon the parties who executed any counterpart, regardless of whether it is executed by all parties named herein This Temporary Easement constitutes the entire agreement and supersedes any and all poor oral understandings and/or agreements, if any, concerning the subject of this Temporary Easement Giantot confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee (which is not expressed or referenced specifically within the Temporary Easement in executing this Temporary Easement that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Temporary Easement is free and voluntary, this Temporary Easement may not be modified or amended except on of after the date hereof by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein IN WITNESS WHEREOF,, with intent to be legally bound hereby, Grantor has executed this instrument this ;L1 day of 0c+yt)6,e V , 2019 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 Kbyes. City Managei of the City of Beaumont. a municipal corporation, known to me to be the person and of5cer 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 therem expressed and in the capacity therem stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this a day of —OtA DCt' . 2019 Please Return To Lone Star NGL Pipeline LP PO Box 122 Crosby, TX 77532-0122 4d,- AAA a4l-4zu.7_ ANGELA MARIETHOMAS NotaryPublic, State of Texas y Cory ID fsion 55072 Expires My Commission Expves July 3, 2021 ,',,wit I lye, N `,.`tea?..• r 'RUE AND CORRECT o: COPY OF OIUGINAL •::� FILED IN JEFFEISON COUNTY CLERIPS OFFII sYIAFOIS IFCENO ^� LONESTAR P/L SUBJECT TRACT ADDITIONAL TEMPORARY WORKSPACE (ATWS) rZ.1 Tom; RANY WORKSPACE ♦'....0 PIPELINE EASEMENT OFFUNE TRACTS JEFFER SON COUNTY, TEXAS C FIFLLEERANDT A-28 TX-JE-079 310 CITYOFEEAUMONT 1DD O 10D SCALE IN F ROIDfALMC4UY- LONE STAR NGL PIPELINE LP DRAWN BY JNI11 SHEEP 1 OF 1 a a19 mr.T°emm CHECKED BY RJD SCALE AS SHOWN -� Morris rum m, PAx w m5oa Inca,,a, f OF APPROVED BY PGN DATE 4/4/19 aPwHebert, FIRM Nop 10142100 m v,mrwiTuxroun 'myd�...mlm:.. JEFFERSON COUNTY, TMS MPH GIS FILE TX—JE-079 310—ATWS—EXHBIT „Tau ONr11I TRUE AND CORRECT COPY OF ORIGINAL, '.. ?E FILED IN JEFFERSON ..........COUNTY � 'Jr1111' CLERK'S OFFICE 1110 FILED AND RECORDED OFFICIAL PUBLIC RECORDS eat -�e-& Carolyn L Guidry, County Clerk Jefferson County, Texas October 03, 2019 02 18 25 PM FEE $34 00 2019033283 I CERTIFY THIS IS A TRUE COPY Witness my Hand and Seal of Office OCT 0 3 2019 CAROLYN L. GUIDRY, COUNTY CLERK F RS MEXAS DEPUTY 64La'D'nn' Sherwood Lone Star NGL Pipeline LP Tract: TX-JE-077.000 County: Jefferson Check: RECEIPT AND RELEASE THE UNDERSIGNED, for and in consideration of the sum, Six Hundred Thirty and 00/100 dollars ($630.00),paid to the undersigned by Lone Star NGL Pipeline LP the receipt of which is hereby acknowledged, does hereby remise, release and discharge Lone Star NGL Pipeline LP, their respective successors and assigns, from any and all actions and causes of actions, debts, claims and demands whatsoever which the undersigned, its successors or assigns, now have or may hereafter have against said. Lone Star NGL Pipeline LP, its successors and assigns for or on account of any inconvenience caused the undersigned or on account of any injury or damage which have been or which may be done to any property, real or person, on, in or about the lands of the undersigned know as Jefferson County, Texas by reason of or on account of the pipeline construction activities of Lone Star NGL Pipeline LP. The terms, covenants, and provisions of this Receipt And Release shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the executing parties. IN WITNESS WHEREOF, the undersigned have hereunto set their hand this 02 day of O(-+p pe��- , qaq. Recipient 74-6000278 FIN or SSN Agent Date /2,) - 7 ' Date 2010-1 Payment Statement Tract Number: TX-JE-077.000 Landowner Name(s): City of Beaumont Orbit Lone Star 0 Total Payment for Right of Way Total Payment for Access Roads Total Payment for Surface Site Landowner Landowner Right of Way Agent $00.00 Total PaymentAmount A-z-/I Date Date Date 4P9s 2019033284 PROJECT Lone Star NGL Pipeline LP Jill 111 Id 1111 111111111111 EAS TRACT, TX-JE-077 000 COUNTY Jefferson County, Texas NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRM ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS. YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER ADDITIONAL TEMPORARY WORK SPACE EASEMENT THIS ADDMONAL TEMPOMRY WORK SPACE EASEMENT (`Temporary Easement') made this e2 day of Qcft be- f , 2019, City of Beaumont, whose address is 801 Main Street, Beaumont, Texas 77701(heremafter called "Grantor" whether one or more) For and in consideration of Ten Dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, Grantor does hereby grant, bargain, sell, convey and deliver unto Lone Star NGL Pipeline LP, a Delaware lunited partnership, whose marling address is 1300 Main Street, Houston, Texas 77002, its successors and assigns (hereinafter collectively, referred to as "Grantee"), a non-exclusive temporary work space easement, being 0_63 acres in size and as approximately shown on the Exhibit, attached hereto and made a part hereof, for Grantee and its successors, assigns, agents, employees and other representatives during the construction to maintain, use, repair, replace, modify, alter and restore the temporary workspace area ("Temporary Easement Area'] located within the following property in Jefferson County, Texas more particularly described below, together with all other rights as may be reasonably necessary for the full use and enjoyment thereof Being 500 acres of land, more or less, situated in the Samuel Stivers League, Abstract No. 51, Jefferson County, Texas. The consideration received for this Temporary Easement includes payment for reasonable anticipated damages caused by the use of the Temporary Easement In addition to the purposes set forth above, the nghts granted under this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, Iaymg, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, surveymg, and inspecting Grantee's use of the Temporary Easement Area shall be for a period (the "Term") commencing on the date upon which Grantor executes this Easement ("Execution Date") and terminating on the earlier of (1) the date upon which Grantee completes its work and has no further use for the Temporary Easement Area, or (n) the date that is eighteen (18) months from the commencement of construction Grantee shall have the right to clear and keep the Temporary Easement Area cleared of all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so Except for damages arising for the foregoing and excluding reasonable anticipated damages for which consideration has already been paid, Grantee shall repair any and all extraordinary damage done to the Temporary Easement Area caused by the exercise of any rights granted hereby Further, Grantee shall restore the Temporary Easement Area and adjacent surface area disturbed during Grantee's use, as much as is reasonably practicable, to substantially the same condition that existed immediately preceding Grantee's use of the Temporary Easement Area Grantor shall not, during the Term of the Temporary Easement, (a) place any building, structure, improvement, trees, bushes or other obstruction within or upon the Temporary Easement, (b) alter the ground surface or grade of the Temporary Easement Area, or (c) take any other action inconsistent with the rights granted to Grantee hereunder Grantee shall have the right, at its option and cost, to install gates in any fences crossing said Temporary Easement Area Upon the expiration of thus Temporary Easement, Grantee shall restore the ground surface as nearly as practicable All fixtures, equipment, and improvements placed on or fixed to the Property by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property from the Temporary Easement Area Grantor represents and warrants to Grantee that Grantor is the owner in fee simple of the lands above descnbed and the persons signing this agreement are all those necessary to convey the nghts set: herem .,`ig g4cvr,TRUE AND CORRECT COPY OF ORIGINAL - ref FILED IN JEFFERSON ,i�', COUNTY CLERK'S OFFII PROJECT- Lone Star NGL Pipeline LP TRACT. TX-J&077 000 COUNTY Jefferson County, Texas Grantee understands that Grantor has not inspected the condition of the Temporary Easement and surrounding pioperttes Giantee's right to enter the Pioperty and utilize the toad is on an "AS IS" basis and at the sole risk of Grantee with respect to the condition of the Temporary Easement Area in its current condition, with all defects, if any Grantee may freely assign the rights hereby granted, either in whole or in part This Temporary Easement and all of its terms, provisions and obligations therein shall be covenants running with the land affected thereby and shall mute to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors, administrators, successors and assigns This Temporary Easement may be executed in several counterparts, each of which shall be an original of this agreement but all of which, taken together, shall constitute one and the same Temporary Easement and be binding upon the parties who executed any counterpart, regardless of whether it is executed by all parties named herein This Temporary Easement constitutes the entire agreement and supersedes any and all prior oral understandings and/or agreements, of any, concerning the subject of this Temporary Easement Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee (which is not expressed or referenced specifically within the Temporary Easement in executing tins Temporary Easement, that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Temporary Easement is free and voluntary, this Temporary Easement may not be modified or amended except on or after the date hereof by a writing signed by the panty against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein IN WITNESS WHEREOF, with intent to be legally bound hereby, Grantor has executed this instrument this A day of Q&f D 1 oe r 2019 GRANTOR - CITY OF BEA.UMO By _ L— . Printed Name Kyle Haves Title City Manager STATE OF TEXAS COUNTY OF JEFFERSON I L- ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Haves, Citv 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 —" e, 2019 ANGELA MARIETHOMAS Notary ID 010455072 My Commission Explres July 3, 2021 Please Return To Lone Star NGL Pipeline LP PO Box 122 Crosby, TX 77532-0122 a6A Am. au: 22 Nota Public, State of Texas uW ny,p ��Ntr crFy ,,, M.`T. TRUE AND CORRECT ty� COPY OF ORIGINAL :� FILED IN JEFFERSON r�'� COUNTY CLERK'S OFFICE ay „" °� �iY, n��,° � TRUE AND CORRECT COPY OF ORIGINAL o: � ' r � FILED IN JEFFERSON COUNTY CLERK'S OFFICE FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L Guidry, County Clerk Jefferson County, Texas October 03, 2019 02 IS 25 PM FEE $34 00 2019033284 t, CERTIFY THIS l' . i '= COPY Witness my bland and Scar ,,t office OCT 0 3 201 CAROLYN L. GUIDRY, COUNTY CLERK ERS COUNTY, EXAS DEPUTY La onn Sherwood