HomeMy WebLinkAboutPR 24017 AUTHORIZING A PURCHASE AGREEMENT BETWEEN THE PAEDC AND MID-COUNTY PLAZA, LLC 0
PORT*ARTHUR
ECONOMIC DEVELOPMENT CORPORATION
MEMORANDUM
Date: November 7, 2024
To: Honorable Mayor and Members of the City Council of Port Arthur
Through: Ronald Burton, CPM I Port Arthur City Manager
From: Terry Stokes, PAEDC Chief Executive Officer
RE: PR 24017 I regarding the Purchase Agreement between the Port Arthur Economic
Development Corporation and Mid-County Plaza, LLC.
Introduction:
The intent of this Agenda Item is to seek the Council's consideration and approval of a Purchase
Agreement with Mid-County Plaza, LLC.
Background:
The PAEDC is requesting to sell approximately 5 acres from the Spur 93 Industrial Park to Mid-
County Plaza, LLC for the purpose of developing a 20,000 square foot facility with office area
for sales and operating personnel with the intent to lease it to a safety equipment company.
The attached prepared Purchase Agreement provides the terms and conditions of the property
sale.
Budget Impact:
$310,500 Revenue
Recommendation:
It is recommended that the City Council approve the Purchase Agreement with Mid-County
Plaza, LLC.
P. R. No. 24017
11/5/2024 MDP
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PORT ARTHUR
ECONOMIC DEVELOPMENT CORPORATION TO ENTER
INTO A PURCHASE AGREEMENT WITH MID-COUNTY
PLAZA, LLC FOR THE SALE OF APPROXIMATELY 5
ACRES OF LAND ON JADE AVENUE IN THE SPUR 93
BUSINESS PARK
WHEREAS,the Port Arthur Economic Development Corporation(the"PAEDC")deems
it is in the public interest to sell approximately 5 acres of land in the PAEDC Spur 93 Business
Park(the"Business Park")to Mid-County Plaza, LLC ("Mid-County Plaza"); and
WHEREAS,Mid-County Plaza is a Texas corporation and would like to acquire the land
in the Business Park for the development of a 20,000 square foot building with office area for sales
and operating personnel with the intent to lease it to a safety equipment company; and
WHEREAS, Mid-County Plaza has reviewed and agreed to the terms of the Purchase
Agreement attached hereto as Exhibit"A"; and
WHEREAS, at its Regular Board Meeting of November 4, 2024, the PAEDC Board of
Directors approved the sale of approximately 5 acres of land in the Business Park to Mid-County
Plaza pursuant to the Purchase Agreement; and
WHEREAS,the purchase price per acre is $62,100.00 to be paid in full at closing, and the
sale of the property shall be pursuant to a Special Warranty Deed.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur approves the sale of
approximately 5 acres of land in the Spur 93 Business Park pursuant to the Purchase Agreement
with Mid-County Plaza, LLC for$62,100.00 per acre.
Section 3. That a copy of this Resolution shall be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2024,
at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES:
Mayor
Councilmembers
NOES:
Thurman Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Terry Stokes,PAEDC CEO
APPROVED AS TO FORM:
Charles Zech, PAEDC Attorney
#1155970 Page 2
APPROVED AS TO FORM:
ems_
Roxann Pais Cotroneo, City Attorney
#1155970 Page 3
Exhibit "A"
PURCHASE AND SALE AGREEMENT
DATE: October 31, 2024
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
SELLER: Attention: Michelle Palmer
501 Procter Street, Suite 100
ADDRESS: Port Arthur,Texas 77640
(409) 282-1026
Mid-County Plaza, LLC.
PURCHASER: Attention: Henry LaBrie
P.O. Box 22217
ADDRESS: Beaumont, Texas 77720
(409) 796-1020
leigh365@Iabrie.life
Spur 93 Industrial Park
PROPERTY: Five acres out of Parcel: 261299
and as generally depicted in Exhibit A
Port Arthur, Texas 77640
Date of receipt of the Earnest Money by title company
EFFECTIVE DATE:
INSPECTION 120 days from Effective Date
(FEASIBILITY) PERIOD:
$310,500.00 / $62,100 per acre
PURCHASE PRICE:
On or before 60 days from end of Feasibility Period
CLOSING DATE:
$15,000.00 to be paid to title company within three
EARNEST MONEY:
(3) business days of delivery of this Agreement to the
title company.
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1. SALE & PURCHASE. Seller agrees to sell, and Purchaser agrees to purchase, the
Property as provided in this Agreement.
2. TITLE &SURVEY. Seller shall deliver to Purchaser a current commitment for
title insurance for the Property from the Title Company and copies of all
documents referenced in the title commitment. If Purchaser desires a new
survey, Purchaser may so obtain at Purchaser's expense.
3. INSPECTION PERIOD. During the Inspection Period Purchaser shall be allowed
to physically inspect the Property. Purchaser may enter the Property to
conduct their inspection but shall be responsible for, and shall indemnify and
hold harmless Seller from arising out of or any damages or claims caused
thereby,. Seller shall cooperate with Purchaser during the Inspection Period
as reasonably requested for Purchaser to obtain access to the Property.
4. CLOSING. The Closing of the sale of the Property shall occur at Texas Regional Title,
7675 Folsom Drive #100, Beaumont, Texas 77706, Attention: Molly Mallet,
molly.mallet@texasregional.com and Erica Goss, erica.goss@texasregional.com on
or before the Closing Date. At the closing, Seller shall deliver to Purchaser a
Special Warranty Deed conveying title to the Property to Purchaser subject only to
exceptions in the Special Warranty Deed; and possession of the Property, free of
parties in possession. Purchaser and Seller shall pay closing costs as described
below and shall execute all financing documents. Ad valorem taxes for the
Property for the calendar year of Closing will be prorated between Purchaser and
Seller as of the Closing Date. If the ad valorem taxes for the current year are
assessed, the Title Company will pay the current year's ad valorem taxes at Closing.
If the ad valorem taxes for the current year are not assessed, Seller's portion of the
prorated taxes will be paid to Purchaser at Closing as a credit to the Purchase Price.
Purchaser will assume the obligation to pay, and will pay in full, such taxes for the
year of Closing before delinquency.
5. REPRESENTATIONS.
a. Seller represents that it has authority to enter into this Agreement, and no other
person has any interest in or claims against the Property. Purchaser represents
that it has authority to enter into this Agreement. The only representations made
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by either party concerning the Property and this Agreement are as set out in this
Section 5.
b. OTHER THAN STATED ABOVE, PURCHASER ACKNOWLEDGES AND AGREE THAT
THE SELLER HAS NOT MADE ANY REPRESENTATIONS AS TO THE NATURE,
QUALITY OR CONDITION OF THE WATER, SOIL AND GEOLOGY. SPECIFICALLY,
SELLER HAS NOT MADE ANY REPRESENTATIONS REGARDING SOLID WASTE, AS
DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT
40 C.F.R PART 261, OR THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY,
OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, AND APPLICABLE STATE LAWS, AND REGULATIONS PROMULGATED
THEREUNDER. PURCHASER FURTHER ACKNOWLEDGES THAT HAVING BEEN
GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING
SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY. THIS PROVISION SHALL
SURVIVE CLOSING AND SHALL BE AN EXCEPTION CONTAINED IN THE DEED.
c. Purchaser is acquiring the Property AS IS, WITH ALL FAULTS AND DEFECTS. Any
personal property and improvements included in this conveyance are to be sold
to Purchaser "AS IS", with all faults. No warranties of any kind are implied in this
transaction with respect to the Property, improvements thereon, or personal
property, except limited warranty of title through a Special Warranty Deed.
Seller is relinquishing their mineral rights to the Property. This provision and 5 b
above shall survive closing and shall be exceptions contained in the Deed.
6. RISK OF LOSS. Until the closing is consummated, risk of loss with respect to the
Property shall remain with the Seller, except if arising from Purchaser's inspection
of the Property.
7. NOTICES. Notices must be in writing and given at the addresses stated above.
Notice given by delivery service or faxed shall be effective upon receipt at the
address for the addressee; notice given by mail must be certified, return receipt
requested, and shall be effective upon receipt.
8. SURVEY. If Purchaser or Title Company require a new or updated survey, the
cost shall be borne by the Purchaser.
9. TITLE POLICY. Purchaser shall be provided a Title Policy. The cost of the Title Policy
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shall be split between Purchaser and Seller.
10. FIRST RIGHT OF REFUSAL. Seller agrees that Purchaser shall have first right of refusal
for the remaining 12.47acres of Parcel 261299 and Parcel 416790 as indicated on
Exhibit A, which shall be contained in a separate Agreement.
11. MISCELLANEOUS.
a. Entire Agreement. This Agreement contains the entire agreement of the parties
pertaining to the Property.
b. Modifications. This Agreement may only be modified by a written document
signed by both parties.
c. Brokers. No Broker has been involved in this transaction.
d. Seller's Disclosure Notice. The Property is being purchased by Buyer and is subject
to deed restrictions recorded the Official Public Records of Jefferson County, Texas.
THE RESTRICTIONS LIMIT THE BUYER'S USE OF THE PROPERTY. See Exhibit B.
e. Notices. Any required notices will be signed at closing.
f. Closing Costs. Seller and Purchaser will each pay their customary closing costs,
except as stated above for the cost of the Title Policy and Survey.
SELLER: PURCHASER:
PORT ARTHUR ECONOMIC MID-COUNTY
DEVELOPMENT CORPORATION PLAZA LLC
PAEDC Authorized Representative Henry LaBrie, Owner
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EXHIBIT A
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CD CD COVENANTS AND RESTRICTIONS
PORT ARTHUR BUSINESS PARK
0 11/30/05
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GENERAL
The City of Port Arthur Section 4A Economic Development Corporation(PAEDC)is the
owner of the Port Arthur Business Park(Business Park) PAEDC has determined that it is in the
best interests of the City of Port Arthur, PAEDC, the Business Park and its future occupants to
adopt the following provisions restrictions and covenants to control the development within the
(p business park.
CD CD CONDITIONS OF SALE
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0 Each parcel sold or conveyed to a user by PAEDC is for the purpose of development of
facilities and occupancy by a user. Development of facilities (buildings) for user occupancy
must be completed within eighteen months of purchase If there is an incentive agreement with
the PAEDC, the construction must be completed within the timetables of the incentive
agreement. If construction has not been completed in the period specified, PAEDC shall have
the option to repurchase the property on the basis of reversing (or rescinding) the terms of the
original sale, including price This option may be exercised at any time subsequent to the failure
of construction to be completed by the specified date Exercise of the option will be by formal
action of the PAEDC Board Delivery of written notice of exercise of this option shall be the
cause of an immediate halt to actions to develop the parcel by the parcel owner
CD
If the owner or lessee of property in the Business Park wishes to sell or assign the
CD
property to a third party, the owner or lessee shall obtain the approval of the PAEDC Board of
Directors, with such approval not to be unreasonably withheld The owner or lessee shall present
information as to the financial and credit information as to the new buyer or assignee and such
other information as reasonably requested by the PAEDC Chief Executive Officer (CEO) The
0 new owner or lessee shall be required to assume the obligations in the incentive agreement,with
such changes as are approved by the PAEDC Board of Directors.
If the owner or lessee wishes to subdivide and sell or assign only a portion of its property
C") to a third party, the owner or lessee shall obtain the approval of the PAEDC Board of Directors
CD which can deny the request at its discretion At the discretion of the PAEDC, the PAEDC shall
have a first option to repurchase said undeveloped portion for the same cost as delineated in the
incentive agreement or sales agreement and in such additional reasonable amounts as to
reimburse the owner for monies that he has expended in maintaining said portion of the property.
CD In such case, PAEDC shall have 90 days to notify the owner of its decision in regard to this
3 option
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LEGAL DESCRIPTION
O The Port Arthur Business Park includes all land as described in Appendix A,and on such
other property as approved by PAEDC
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C TERMS AND DEFINITIONS
f For the purposes of these covenants and restrictions, certain terms, phrases, words and
in this section. Where terms are not
�p their derivatives shall have their meaning as specified defined, they shall have their ordinary accepted meanings
within the context with which they are
_ used Webster's Ninth New Collegiate Dictionary, Copyright 1987, shall be considered as
i--i providingaccepted meaning
� rovidin ordinary ep
CD
3 (1) Board City of Port Arthur Section 4A Economic Development Corporation Board of
CD Directors
rt. (2) Building. Any structure built for the support, shelter and enclosure of persons, ammals,
n chattels or movable property of any kind When subdivided in a manner sufficient to prevent the
-Op spread of fire,each portion so subdivided may be deemed a separate building.
`C (3) City council. The governing and legislative body of the City of Port Arthur
(4) District A section of the City of Port Arthur for which the regulations governing the
height, area or use of the land and buildings are uniform
(5) Height The vertical distance of a building measured from the average established grade at
the street line or from the average natural front yard gro nd level,
v l, of whicheverme is s higher,
d gher,to roofsor 1)(3the
e
highest point of the roofs surface if a flat surface, (2)to the deck line
the mean height level between eaves and ridge for hip and gable roofs, and, in any event,
excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio
CCD towers,ornamental cupolas,domes or spires and parapet walls not exceeding ten feet in height.If
4 the street grade has not been officially established,the average front yard chat(be used for a base
CD level
cn (6) Lot Land occupied or to be occupied by a building and its accessory buildings, and
C including such open spaces as are required under these covenants and restrictions and having its
n principal frontage upon a public street or officially approved place
O (7) Occupancy The use or intended use of the land or buildings by proprietors or tenants.
C (8) Planning and zoning commission. The agency designated in the City Charter as the
C planning commission and appointed by the city council as an advisory body to it and which is
I authorized to recommend changes in the zoning ordinance
C") (9) Parking tot or structure, commercial (motor vehicle) An area or structure devoted to the
CD parking or storage of motor vehicles. May include, in the case of a parking structure only, a
R- facility for servicing of motor vehicles provided
strructure and creates no special problems o such facility is primarily an internal �ngress or
ction for
i--i use only by motor vehicles occupying
C egress
CCD (10) Structure Any structure built for the support, shelter and enclosure of persons, animals,
3 chattels or movable property of any kind When subdivided in a manner sufficient to prevent the
CD spread of fire, each portion so subdivided may be deemed a separate building
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CD (11) Yard An open space other than a court, on the lot in which a building is situated and
which is not obstructed from a point 30 inches above ves�general afire and fort of thethe graded usual treesot to
a»d
O the sky, except as provided for roof overhang
landscape planting
(12) Yard,front An open, unoccupied space on a lot facing a street extending across the front
of the lot between the side lot lines and from the front face of the building to the front lot or
street line with the n immum horizontal distance between the street line and the main building
line as specified for the district in which it is located The front face of the to the building or any utut the einl�g shall not
necessarily be determined by the primary access
(13) Yard, rear. An open, unoccupied space, except for permitted detached accessory
buildings,trees and planting,extending across the rear of a lot from one side lot line to the other
1-4 side lot line and having a depth between the building and the rear lot line.
(14) Yard, side An open, unoccupied space or spaces on one or two sides of a main building
CD situated between the building and a side line of the lot and extending through from the front yard
to the rear yard Any lot line not the rear line or a front line shall be deemed a side line.
CD
REVIEW AND APPROVAL OF USES AND IMPROVEMENTS
O
All uses that occupy parcels and all facilities and improvements constructed in thel park
(including all alterations and additions to the site and such facilities and improvements)
subject to approval by PAEDC and may require approval by the City of Port Arthur. PAEDC
and the City may at their sole discretion involve other parties in the review of proposed may
improvements In cases where specialized evaluations are deemed necssary, PAEDC
these
require a fee to cover the cost of the services of consultants engaged i Businessoerform Paris huese
evaluations. No construction may be initiated upon any p
til
approval has been granted by PAEDC(and where required,by the City of Port Arthur). Failure
CD of the user of a parcel to seek approval for development plans in a timely manner will not be the
basis for granting an extension as to the timetable for construction. Approval means formal
action by the PAEDC Board, (and where required by City Council of the City of Port Arthur)
to and the receipt of written confirmation of approval from a competent authority of these bodies.
O Application for approval shall be made in writing and must contain all submission requirements
specified by PAEDC. Such requirements will include site plans, building plans and
Qspecifications, and other such information as PAEDC and the City may request.
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fD
PERMITTED OCCUPANCIES
O Sites and facilities within the Business Park may be occupied by the uses specified in the
following chart(Parcels are as designated on the Business Park Final Plat).
0 Parcels 1, 2, 3, 5,7 &9—Office,warehouse,distribution, light fabrication and assembly,
recycling,manufacturing and other approved uses
Parcel 4&8 —Office and other approved uses.
n Parcel 6, 10 — Warehouse, distribution, manufacturing, assembly and other approved
uses
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Other uses may be approved by PAEDC at its sole discretion which includes career
centers and other types of development as approved by the PAEDC and as authorized by State
CD r-r Law All occupancies permitted may be subject to additional restrictions imposed as a result of
review of user applications provided that such specific requirements are intended to implement
CD the restrictions previously established by the PAEDC in these Covenants and Restrictions or
subsequent amendments.
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PROHIBITED OCCUPANCIES
Specifically prohibited uses include manufacturing and process operations that transmit
noise,or release odors, fumes or dust that matenally exceed City, State,or Federal Standards or
discharge a waste stream that is not acceptable(due to content or volume)for the City's sanitary
sewer system Any use that requires onsite treatment of waste in order to meet the above
requirements will be allowed only on
thebasis of a special a use permit from ral, PAEDC,on site treatmente of
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Port Arthur, the TCEQ or the applicableregulatory agency
In_CD significant quantities of special waste will not be permitted A special use permit may, at the
sole discretion of PAEDC, be granted, conditional upon continued and demonstrative
CD conformance to specific requirements and standards Failure by the user receiving such
c i conditional approval to strictly conform to the requirements and standards imposed will be the
O basis of termination of the special use permit, without recourse by the user Notice of
termination of any permit required by any regulatory agency(including the City)will require the
user to immediately cease all onsite processes that generate or contribute to the subject waste
Cstream
•Z In addition, all exterior site uses including parking areas,truck maneuvering and docking
areas, storage and equipment yards and the like will be developed and maintained in strict
CD conformance with these covenants and restrictions and with the specific terms of approvals
granted by PAEDC and the City of Port Arthur
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CD
CD CONSTRUCTION STANDARDS,CODES AND ORDINANCES
= All improvements constructed in the Business Park shall meet or exceed the standards
and ordinances of the City of Port Arthur, State of Texas statutes and regulations, and national
standards. It shall be the duty of the user of any parcel in the Business Park to conform to such
C requirements and to obtain all approvals and permits granted by governing authorities. Such
= requirements include but are not limited to City Building Permits and local drainage,
environmental and utility requirements. Review and approval by PAEDC and the City of Port
C) Arthur wider the above provisions for Review and Approval of Uses and Improvements does not
Cp relieve or mitigate in any way this separate duty of the user
I-4 The owners or lessees of the property shall take such precautions as to commence and
complete the improvements wherein laborers, subcontractors and contractors are promptly paid
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D with no materials and mechanic's liens being filed on the property Prior to commencing
= construction, the owner or lessee shall provide to the PAEDC such evidence of financial ability
CD to complete the project, which may include letters of credit, and contractor's performance bonds
rr and payment bonds.
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PROPERTY MAINTENANCE
Owners and Users of parcels and improvements shall perform regular and routine
maintenance on these properties Undeveloped parcels shall be kept mowed and free of debris.
Developed parcels(including site and facilities)shall be maintained in a manner consistent with
the users' approved proposal for use and improvements
Lawns and landscaping shall be kept free of overgrowth, trash and debris Parking or
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storage of vehicles, equipment or materials in areas other than approved outdoor storage is
411 prohibited Areas shall be maintained free of trash, sediment,debris, and abandoned or unsightly
C equipment
(In
O Outdoor storage areas other than those approved by PAEDC are prohibited. Approved
(..) outdoor storage areas shall be well maintained and shall be kept neat and orderly in appearance.
Q Only materials and equipment that are in active use at the site may be stored on site Storage of
C derelict or junked materials,equipment or vehicles onsite is prohibited
'Z Buildings and other structures shall be kept in an attractive condition Exterior surfaces
n shall be washed and painted as required to maintain a fresh appearance Exterior materials that
CD deteriorate shall be replaced
II No open burning of rubbish is permitted on the site All waste material shall be confined
= to trash receptacles in approved and screened locations for removal from the site.
CCDD
2 In case of fire or damage from other causes, the owner or lessee shall restore the
CD improvements within nine(9)months unless granted an extension by PAEDC
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CCD INSURANCE
0 The lot owners and lessees shall maintain casualty insurance in an amount sufficient to
replace the buildings A copy of the certificate of insurance shall be given to the PAEDC and the
0 PAEDC shall be listed as an additional insured. If the lot owner or lessee fails to maintain or pay
= for the insurance, the PAEDC(in its sole discretion)may pay for the costs thereof, assess the lot
owners and lessees,and file liens
n CD ASSESSMENT
The lessees and private owners of the land m the Business Park shall pay assessments to
the PAEDC for the maintenance of the street signage and landscaping, the costs to enforce these
CD deed restrictions, and the costs to maintain business park, such assessments shall be a minimum
of $200 per acre per year and shall be payable on or before December 31" of each year
CD
Additional assessments, as determined by the PAEDC Board of Directors shall not exceed the
r-r actual proportionate share of the expenditures made by the PAEDC plus a 10% administrative
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fee The proportionate share shall be the number of acres owned or leased divided by 246
CONTINUATIONS,AMENDMENT AND VARIATION OF COVENANTS AND
RESTRICTIONS
These covenants and restrictions shall remain in force on all parcels and shall be binding
on all current and future owners and lessees of parcels within the Business Park Variation in
these covenants and restrictions is limited to one of the following methods.
PAEDC(subject to the approval of the City of Port Arthur)may from time to time amend
the provisions,covenants and restrictions
CD
O PAEDC may in its sole discretion grant variances to these provisions, covenants and
restrictions as a part of the approval of the Review and Approval of Use and
Improvement process Such variances must be requested in wasting by the user of the
parcel. PAEDC will notify all adjacent parcel owners of the request for variation by
posting such notice and will receive and consider comments from such parcel owners in
evaluating such variances It is the intent of PAEDC to maintain the general character
and intent of the provisions,covenants and restrictions and to comply with Article 5190 6
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CD
N SITE DEVELOPMENT
0 Building sites of individual users must be planned to have an attractive image and must
be well maintained The following requirements shall apply to the development of sites within
athe Business Park
I C
= c,a teeQ11 Requirements.
'< Set Backs Building HStreet Frontage 45 feet
C Side and rear lot lines 15 feet
fp Paving Street Frontage 20 feet
"r Side and rear lot lines No requirement
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Maintained lawns
Landscaping _All non paved areas -
�,,,r Street Fronts e 1 tree per 100 feet of frontage—2 inch caliper
f� -Paving Parking Automobile y Concrete
= Trucks and Trailers Concrete
�, Aprons and maneuvering areas Concrete
C�? Access and Entry L As approved by PAEDC
0 May not conflict with street traffic or access to adjacent
Sites
Utilities
All connections and service underground and;
Equipment (transformers etc) screened from public
view
Outdoor Not allowed forward of the line of the building face _
Yards and Fully screened from frontage with berms, planting or
Storage walls constructed in conformance with standards for
Ares front face of buildings
I `4 Area T.Parcels 1, 2,3,5, 7, 9 No larger than the area of the building
Limitations Parcels 4, 8 Not permitted
Parcel 6, 10 No limit
u j Fencing
Side and rear yards only
O Visible from Street Decorative iron or as approved by PAEDC (no wood
I fences permitted)
OSide and rear C� or as approved by PAEDC (no wood fences
C permitted)
= Ancillary Structures and Equipment Constructed to meet applicable building standards
*.7 Tanks, trash receptacles and other equipment screened
C) from public view
CD Mail boxes as approved by PAEDC
Flagpoles as approved by PAEDC
~Lighting Pole or building mounted lighting
All lighting will be natural in color (no uncorrected
CDhigh pressure sodium fixtures)
3 Lighting must be controlled to prevent glare as seen
I CD from adjacent public ways and adjacent properties
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CD
0 Drainage Surface drainage must be controlled within site
boundaries
Discharge into drainage ways as approved by
aresponsible authorities.
C Signage All signs must be approved by PAEDC
= May be internally or externally illuminated
_May not be animated
OSite Mounted Signs Maximum of 6 feet in height
(D Base no more than 2 feet above ground
7, No closer then 10 feet to property line
H Compatible with building color and materials
= Integrated and compatible with landscaping
Building Mounted Signs
Not painted on building
= May not extend beyond building profile
(D Must be compatible is size, color and material with
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BUILDING DESIGN AND CONSTRUCTION
Building design including all exterior materials and colors must be attractive, compatible
with adjacent development and be approved by the PAEDC
CAD catt�l geauiremeng
4, _Extenor Matenals _Except for trim and accents,no wood will be permitted
CD Walls Facing Frontage and Public Ways y Concrete or masonry
Cn Walls Facing Side and Parcel 1, 2, 3, Concrete,masonry,or metal panels
0 Rear Yards 5,6,7,9, 10
Parcel 4,8 Concrete or masonry
n -Roofing Materials Any roof surface that is exposed to public view must be approved
0 by PAEDC
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= Roof top equipment No more than five feet in height and screened from public view
Awnings and Canopies Compatible with building design and approved by PAEDC
() Exterior Colors Exterior surfaces will be predominately neutral or natural colors.
1 CD Bnght accent or trim colors will be considered by the PAEDC. ,
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fD
ENFORCEMENT OF COVENANTS AND RESTRICTIONS
applicability Determination regarding the meaning, app ty and enforcement of these covenants
and restrictions is the sole domain of PAEDC Board of Directors. Inquiry in regard to such
matters shall be made to PAEDC in writing A determination rendered in writing by PAEDC
Board of Directors shall be deemed final and binding on all parties.
Enforcement of the provisions,covenants and restrictions shall be in accordance with law
or through civil or criminal proceedings initiated by PAEDC or by the City of Port Arthur.
Enforcement action may include but is not limited to restraint of violations, recovery of costs,
attorneys fees and damages,assessments,fines,civil penalties, foreclosure,and judicial sale.
F-1
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rn APPENDIX"A"
M
0
n DESCRIPTION OF A
O 297 960 ACRE TRACT OR PARCEL OF LAND
OUT OF AND PART OF
. THE WM. McFADDIN SURVEY,ABSTRACT NO 416,
THE T. & N 0 R.R. SURVEY,SECTION NO. 5,ABSTRACT NO. 238,
n AND THE T & N.O.R R. SURVEY,SECTION NO 9, ABSTRACT NO. 242
D JEFFERSON COUNTY,TEXAS
77
1---1 AUGUST 20,2001
CD
NINI that certain tract or parcel of land lying and being situated in Jefferson County,
CDTexas,
parts of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, the T. & N.O.R.R
SURVEY, SECTION NO. 5, ABSTRACT NO. 238, and the T. & N.O.R.R. SURVEY,
ne
0SECTION NO. 9,ABSTRACT NO. 242, and being parts of Blocks 14, 15 and 16, N,
Blocks 14, 15 and 16, Range 0, and Blocks 15 and 16, Range P of the Lands of the Port
Arthur Land Co , the plat of which said subdivision is of record in Volume 1, Page 22 of the
Map Records of Jefferson County, Texas, and being a part of that certain tract of land herein
referred to as the "McFaddin and Cordts" tract, which said McFaddin and Cordts tract is
designated 'TRACT NO. 18-C" and is described in that certain instrument from W P H
McFaddin, Jr, and J.L.0 McFadden, as Trustees of the McFadden Trust to J.L.C. McFaddin,
Di McFaddin Houk, Perry McFaddin Duncan,W P H. McFaddin Jr , Mamie McFaddin Ward,
Camelia B. McFadden and Di Vernon McFaddin Cordts, W.P H. McFaddin Jr., and J L.0
McFaddin,jointly, and Mamie McFaddin Ward, W P H. McFaddin, Jr., J L.0 McFaddin, and
` Camelia B. McFaddin and Di Vernon McFaddin Cordts,jointly, dated February 26, 1948 and
1)
CD
recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and
N which said TRACT NO. 18-C is indicated on that certain plat entitled"PARTITION MAP NO
N TEXAS 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY, TES . "which
O
= said plat is of record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas,
n and being a part of that certain tract of land herein referred to as the "Cordts" tract,
which
said Cordts tract is described in that certain instrument from E.G Gordis, Jr.,
Independent
CExecutor of the Estate of DI Vernon McFaddin Berly to E.G Cordts, Jr., Colleen Clare
Cordts and Anna Camelia Cordts, dated September 13, 1994 and recorded under County
Clerk's File No 94-9432523 of the Official Public Records of Real Property of Jefferson
n County, Texas, and the said tract herein described being that exact same certain tract of
fT land herein referred to as the "PAEDC" tract, which said PAEDC tract is described in that
R- certain instrument from E G. Cordts, Jr., , Colleen Clare Cordts Rice, .. , and Anna
Camelia Cordts Edwardson, to Port Arthur Economic Development Corporation, dated
I -i
= February 28, 2001 and recorded under County Clerk's File No. 2001007554 of the Official
cD Public Records of Real Property of Jefferson County, Texas, and the said tract herein
3 described being more particularly described as follows:
a BEGINNING at a iron rod with a Texas Department of Transportation aluminum cap
(') (TxDOT Type 1 Monument) found for the southeast corner of the said tract herein
O
`C Page 10 of 13
CD
CD descnbed, the said corner being the southeast corner of the said PAEDC tract, and the said
Q corner
also being the most southerly southwest corner of that certain tract of land herein
0 referred to as the "Parcel 31" tract, which saki Parcel 31 tract is so designated and is
described in that certain instrument from E.G Cordts, Jr. Colleen Clare Cordts Rice and
n
0 Anna Camelia Cordts Edwardson to Jefferson County, dated March 15, 1999 and recorded
C under County Clerk's File No 1999009190 of the Official Public Records of Real Property of
= Jefferson County, Texas, and the said corner being in the north line of that certain tract of
land herein referred to as the "Parcel 32" tract, which said Parcel 32 tract is so designated qand is described in that certain instrument from The Mamie McFaddin Ward Heritage
Foundation to Jefferson County, dated December 12, 1996 and recorded under County
q
Clerk's File No 96-9638512 of the Official Public Records of Real Property of Jefferson
II County, Texas, the said corner being an interior angle point corner in the southwesterly
nght-of-way fine of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument
Cp found for corner being East (Assumed Basis of Beanngs - called South 89° 3T 00" East)
3 along and with the south line of the said PAEDC tract, said north line of the Parcel 32 tract
CD and north line of that certain tract of land herein referred to as the 'Ward"tract, which said
CA Ward tract is designated "TRACT NO. 19-C"and is descnbed in the hereinbefore referenced
1 n instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County,
Texas, and which said TRACT NO. 19-C is indicated on the hereinbefore referenced plat of
record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas, a total
distance of 5,430.99 feet (called 5,431.07 feet) from a 5/8" iron rod with a yellow cap
stamped"RPLS 3636"found for reference;
THENCE West (called North 89° 37' 00" West) along and with the said south line of
the PAEDC tract, north line of the Parcel 32 tract and north line of the Ward tract, passing at
a distance of 16 92 feet (called 16.92 feet) a 5/8" iron rod found for the most northerly
northwest corner of the said Parcel 32 tract, the said corner being an exterior angle point
i✓ corner in the said southwesterly right-of-way line of Texas State Highway Spur 93, and
allpassing at a distance of 4,938.57 feet(called 4,938 91 feet)a 5/8" iron rod with a yellow cap
CAD stamped "RPLS 3636" found for reference at the southeast comer of that certain tract of
oland herein referred to as the "TRACT 196-A" tract, which said TRACT 196-A tract rs so
0 designated and is described in that certain instrument (titled "RIGHT-OF-WAY
EASEMENT")from Di Vernon McFaddin Kibodeaux, formerly Di Vernon McFaddin Cordts,
n
0 Joined therein by her husband, Oren J. Kibodeaux to Jefferson County Drainage District No.
C 7 dated January 4, 1968 and recorded in Volume 1531, Page 123 of the Deed Records of
Jefferson County Texas, and passing at a distance of 5,430 99 feet (called 5,431.07 feet)
..Z the hereinbefore said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for
C7 reference at the southwest corner of the said TRACT 196-A tract, and continuing (West)
CD along and wrth the said south line of the PAEDC tract and north line of the Ward tract, a total
R.. distance of 5,545 27 feet(called 5,545.35 feet)to a point for the southwest corner of the said
i__r tract herein descnbed, the said comer being the southwest corner of the said PAEDC tract,
= corner
and the said also being the northwest corner of the said Ward tract, and the said
N corner being in the easterly line of that certain tract of land herein referred to as the"TRACT
3 A" tract, which said TRACT A tract is so designated and is described in that certain
CD instrument from Darling Klaver, et al to Jefferson County Drainage District No. 7 dated
�-* November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of
g) Jefferson County,Texas, and the said corner being in the centerline of Rhodiar Gully,
`C Page 11 of 13
CD
Ccp THENCE North 12° 17' 39"West(called North 11° 54' 13"West) along and with the
7 westerly line of the said PAEDC tract, the said easterly line of the TRACT A tract and said
a centerline of Rhodair Gully, a distance of 724.96 feet (called 724 92 feet)to a point for the
= most westerly northwest corner of the said tract herein described, the said corner being the
Omost westerly northwest corner of the said PAEDC tract, and the said corner also being the
most southerly corner of that certain tract of land herein referred to as the"J.L.C. McFaddln"
tract, which said J L C. McFaddin tract is designated"TRACT NO. 12-C"and is described in
the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed
n Records of Jefferson County, Texas, and which said TRACT NO 12-C is indicated on the
CD hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of
Jefferson County,Texas;
= THENCE North 39° 57' 00" East (called North 40° 20' 00" East) along and with the
N most westerly northwest line of the said PAEDC tract and most southerly southeast line of
the said J.L.C. McFaddin tract, passing at a distance of 132.53 feet (called 132.53 feet) a
CD 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference at the northwest
fi* corner of the hereinbefore said TRACT 196-A tract,and passing at a distance of 736.10 feet
n (called 735.85 feet) a 5/8" iron rod with a red plastic cap stamped "S&P INC" set for
0 reference at the northeast corner of the said TRACT 196-A tract (and which said 5/8" iron
-< rod with a red plastic cap set for reference is North 37° 58' 15"West a distance of 0.39 feet
from a 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference), and
continuing (North 39° 57 00" Ease) along and with the said most westerly northwest line of
the PAEDC tract and most southerly southeast line of the J L C McFaddin tract, a total
distance of 3,925.49 feet (called 3,925.61 feet)to a 1/z" iron rod found for the most northerly
corner of the said tract herein described, the said corner being the most northerly corner of
the said PAEDC tract, and the said corner also being the most westerly corner of that certain
tract of land herein referred to as the "Barnette - 14831177" tract, which said Barnette -
'--' 1483/177 tract is described in that certain instrument from Gutf Refining Company to N.K
al Barnette, Jr dated October 24, 1966 and recorded in Volume 1483, Page 177 of the Deed
NRecords of Jefferson County, Texas;
0 THENCE South 49° 46' 07" East (called South 49° 23' 24" East) along and with the
= most northerly northeast line of said PAEDC tract and southwesterly line of the said
OBartnette - 1483/177 tract, a distance of 1,317 60 feet(called 1,317.54 feet)to a'/2" iron rod
C found for an interior corner of the said tract herein described, the said corner being an
interior corner of the said PAEDC tract, and the said comer also being the most southerly
corner of the said Barnette- 1483/177 tract,
C0? THENCE North 40° 07' 58" East (called North 40° 33' 04" East) along and with the
CIF most easterly northwest line of the said PAEDC tract and southeasterly line of the said
Barnette - 1483/177 tract, a distance of 151 95 feet (called 151.86 feet) to a 5/8" iron rod
1-4 with a yellow cap stamped "RPLS 3636"found for the most easterly northwest corner of the
1--r said tract herein described, the said corner being the most easterly northwest corner of the
3 said PAEDC tract, and the said corner also being the most westerly corner of that certain
tract of land herein referred to as the "Barnette - 1483/176" tract, which said Barnette -
t�-r 1483/176 tract is descnbed in that certain instrument from Di Vernon McFaddin Cordts
t' joined therein by her husband, Edwin G. Cordts to N K Bamette, Jr. dated October 11, 1966
0
-.< Page 12 of I3
CD
CD and recorded in Volume 1483, Page 176 of the Deed Records of Jefferson County, Texas,
and the said 518" iron rod with a yellow cap stamped "RPLS 3636" found for corner being
South 40° 11' 19" West (called South 40° 33' 04" West) along and with the said
southeasterly line of the Bamette - 1483/177 tract, northwesterly line of the said Barnette -
1483/176 tract and southeasterly line of that certain tract of land herein referred to as the
"LNVA" tract, which said LNVA tract is described in that certain instrument from Gulf
Refining Company to the Lower Neches Valley Authority dated Apnl 8, 1975 and recorded in
Volume 1876, Page 290 of the Deed Records of Jefferson County,Texas,a total distance of
499.44 feet (called 500 00 feet)from a 5/8" iron rod found for the most northerly corner of
the said Barnette- 1483/176 tract,the said comer also being the most easterly corner of the
said LNVA tract, and the said corner being in the hereinbefore said southwesterly right-of-
way line of Texas State Highway Spur 93,
THENCE South 83° 44' 08" East(called South 83° 21' 35" East) along and w►th the
most easterly north line of the said PAEDC tract and southerly line of the said Barnette -
CD 1483/176 tract, a distance of 557.12 feet (called 55712 feet)to a 5/8"iron rod found for the
r-* most northerly northeast corner of the said tract herein descnbed, the said corner being the
most northerly northeast corner of the said PAEDC tract, and the said corner also being the
O
.0 most northerly northwest corner of the hereinbefore said Parcel 31 tract, and the said corner
being in the said southwesterly right-of-way line of Texas State Highway Spur 93, and the
said 5/8" iron rod found for corner being South 27° 38' 14" East (called South 27° 11' 44"
East) along and with the said southwesterly right-of-way line of Texas State Highway Spur
93, a distance of 499.26 feet (called 499.56 feet) from the hereinbefore said 5/8" iron rod
found for the most northerly corner of the Barnette- 1483/176 tract and most easterly corner
of the LNVA tract;
THENCE South 27° 30' 14" East (called South 27° 07' 03" East)along and with the
most easterly northeast line of the said PAEDC tract, southwesterly line of the said Parcel
rD
31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93, a total
I Cp 0 distance of 3,294.33 feet(called 3,294 40 feet)to the Point of Beginning and
I �O Containing 297.960 acres(called 297.9732 acres)of land,more or less
b_
Prepared by
Schaumburg&Polk, Inc
E James Verrett,
( Registered Professional Land Surveyor No 1781
CD
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Page 13 of 13
t-1
CD
N Ag-SIGNED and AGREED to on this the day of
0
2006
o
C Eli Roberts,President
art, City of Port Arthur Section 4A Economic
n Development Corporation
CD
77
N
SWORN and SUBSCRIBED to on this the.Va day of
N 2006
3
a NotaryPpCjanaM
StateofTexlicmand for the State of Texas
'gust 26,200b
424
SIGNED and AGREED to on this the j O day of Crovirt, _,
2006
I . o
lD
Li da Spears,Secre
CD
Lri
0 City of Port Arthur ection 4A Economic
0
Development Corporation
Q
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CD 7R- SWORN and SUBSCRIBED to on this the kg day of ILA.�r
= 2006. i
•/
Jana M.Barnes i : Mir_ . _i �•
CD 1� _wry PublicO Public in and for the State of Texas
State of Texas
f omrn 'Bxptires
p `C.*
` August 26,2006
1:,
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Pemmi.0 2ee8 Jar, 28 00'28 All 2066/03269
= GEORGE $68 ee
0 CAROLYN L GUIDRY COUNTY CLERK
JEFFERSON COUNTY TEXAS
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,dc Pekoe Tie
CD PORT ARTHUR ECONOMIC
DEVELOPMENT CORP
P 0 BOX 3934
= PORT ARTHUR TX 77843
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CD
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`C
IIIIIIUNIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIBIIII AMD 2007017117
16 PGS
AMENDMENT NO. 1 TO ��CF/p
COVENANTS AND RESTRICTIONS
PORT ARTHUR BUSINESS PARK /19y.7
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation filed the original Covenants and Restrictions in
the Jefferson County Real Estate Records on or about January 26, 2006, File
No. 2006003269 as it pertains to the land in Appendix "A"; and
WHEREAS, the original deed restrictions stated the following as to
landscaping requirements:
Landscaping All non paved Maintain Lawns
areas
Street Frontage 1 tree per 100 feet of
frontage— 2 inch caliper
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation herein desires to amend the Deed Restrictions,
and does herein amend the Deed Restrictions so that the following
landscaping and screening requirements apply.
Landscaping and screening requirements.
(a) Purpose. The provisions of this section for the installation and maintenance of
landscaping and screening are intended to protect the character and stability of
commercial,and industrial areas within the City of Port Arthur Section 4A Economic
Development Corporation Business Park(the"Park"), to conserve the value of land and
buildings of surrounding properties and neighborhoods, to enhance the aesthetic and
visual image of the Park, to encourage the preservation of existing tees and to assist with
clean air. In no case shall these provisions restrict ADA requirements.
(b) Landscape plan required. All building permit applications for new building
construction within the Park shall be accompanied by two (2)blueline or blackline prints
of the landscape plan that has been approved by the PAEDC.
The landscape plan shall contain sufficient detail to show the following:
(1) The date, scale, north arrow and names and address and phone numbers of
each property owner and person preparing the plans.
z.pr14120_exhibit c
(2) The footprint of all existing and proposed structures.
(3) Remaining and/or proposed site elements such as power poles, fences, walls,
drainage swales, easements,sidewalks,parking lot layout,pedestrian walkways,
and other such elements.
(4) A schedule identifying name, size, number, and location of all landscape
elements.
(5) Name, location and size of existing trees, and type and location of other
vegetation proposed to remain for credit purposes.
(6) The size and location of the parking lot and the number of spaces, and how
the owner proposes to address the interior landscaping requirement.
(7) Such other information as may be reasonably necessary to administer and
enforce the provisions of this ordinance.
(8) Drawn at a scale of one(1) inch equals twenty (20) feet or greater.
(c) Irrigation required.
(1) All landscaped areas shall require an automatic irrigation system sufficient to
provide complete coverage of required screening landscaped areas, including
sodded or seeded areas along front and side of building.
(2) Irrigation system shall be installed and operational prior to issuance of a
certificate of occupancy or final building inspection.
(3) State law requires installation by licensed irrigators.
(4) Irrigation systems shall be maintained in good and operating condition.
(d) Certificate of occupancy. No certificate of occupancy for new construction in the
Business Park shall be issued or final approval of parking lot expansion made unless a
letter is received from the PAEDC that the property owner has complied with terms and
conditions required herein.
(e) Definitions.
(1) Berm. Landscaped earthen hill of three(3) feet height or greater.
(2) Caliper. The measure of the diameter of a tree at eighteen(18) inches above
grade.
Class A trees must be two(2) inches caliper or greater.
Class B trees if multi-trunked,must have a minimum of three(3)trunks of one(1)
inch caliper each.
(3) Class A tree. A tree with a mature height of thirty(30) feet or more. See
recommended list.
z.pr14120_exhibit c
(4) Class B tree. A tree with a mature height of less than thirty(30) feet. See
recommended list.
(5) Critical root zone. A circular region measured outward from the tree trunk
to the drip line representing the area of roots that must be maintained or protected
for the tree's survival.
(6) Drip line. A vertical line extending from the outermost edge of the tree
canopy or shrub branch to the ground.
(7) Easement. The legal grant of right-of-use to an area of designated private
property utilized by public corporations(states,municipalities)and also made to
companies providing public services such as gas,electricity,and telephone.
(8) Island. A curbed landscaped area in a parking lot that is surrounded on all
sides by parking spaces.
(9) Landscaped. Shall consist of any combination of turf/grass/ground cover,
shrubs, and trees. It must be installed in a sound manner and in accordance with
accepted standards of the nursery industry.
(10) Median. A curbed landscaped area in a parking lot that separates parking
aisles.
(11) Open space buffer planting strip. The area between single-family
residential and any other zoned property. This strip is to include required trees.
(12) Planting strip. The area between the curb and sidewalk, two (2) curbs, a
curb and fence, or a sidewalk and fence.
(13) Peninsula. A curbed landscaped area that protrudes into parking aisles and
adjoins other nonparking open space.
(14) Public right-of-way. The entire strip of land lying between the property
line and a street or thoroughfare, alley, crosswalk, or easement.
(15) Shrub. A woody plant of low or medium height, usually multi-stemmed.
See recommended list for three foot high hedge.
(16) Vehicular use area. The total area of all the parking spaces and drives
serving the parking area.
z.pr14120_exhibit c
(f) Perimeter landscaping and screening.
(1) When a commercial or industrial use is established on a lot or premises
located adjacent to any residential zoning district,or when any multiple-family
dwelling use is established on a lot or premises adjacent to any property located in
a single-family residential zoning district, a ten-foot width of landscaping open-
space buffer strip shall be installed and maintained by the owner,developer or
operator of the commercial or industrial property between it and the adjacent
residentially zoned property.
(2) In an open space buffer planting strip required under the terms of this
section, a minimum of one(1)class A tree or two (2) class B trees shall be
planted and maintained for each twenty-five (25)lineal feet or portion thereof of
said open space buffer strip. The required trees may be planted anywhere within
the buffer strip with a minimum of ten(10)feet apart for class A trees and a
minimum of five(5) feet apart for class B trees. Refer to definitions on tree size.
(3) In addition, an eight-foot high opaque fence or wall shall be erected and
maintained along the property line to provide visual screening.The fence or wall
shall be masonry or a wood diagonal,horizontal or vertical stockade type privacy
fence, although the framing may be metal.
(4) In lieu of the fence, a thirty-foot wide landscape planted buffer for the
purpose of screening, may be provided along the property line.
(5) For a thirty-foot wide landscape planted buffer, one(1) class A tree or two
(2) class B trees shall be planted and maintained for each ten(10) lineal feet of
buffer.The required trees may be planted anywhere within the buffer strip with a
minimum of twenty(20) feet apart for class A trees and a minimum of ten (10)
feet apart for class B trees. Refer to definitions on tree size.
(6) The provisions of this perimeter landscaping and screening shall not apply
where districts are separated by a public street.
(7) When a specific use permit is required, the landscape buffering and fencing
required by this section may be modified or eliminated as a condition of a specific
use permit.
(g) Dumpster and immobile trash containers. Any fixed or otherwise immobile trash
container must be set back from the property line no less then twenty-five(25) feet or be
completely screened from view from any street via landscaping and solid, opaque fencing
on a minimum of three (3)sides.
No such container shall be allowed on city right-of-way.
z.pr14120_exhibit c
(h) Landscaping of off-street parking.
(1) Perimeter requirements.
a. A landscaping edge or buffer shall be required along each side of a
parking lot that faces towards a public right-of-way.
b. The landscaping edge shall be no less than six (6) feet wide and may
use up to three(3) feet of the public right-of-way, if unused and available
at the time of permitting.
c. The landscaping edge shall be for the parking lot's entire length.
d. The landscaping edge shall contain no less than one(1) class A tree or
two (2)class B trees for each twenty-five(25) lineal feet or fraction
thereof of the edge.
e. The required trees may be located anywhere within the six (6)foot
landscape edge with a minimum of ten(10) feet apart for class A trees and
a minimum of five(5) feet apart for class B trees. Refer to definitions on
tree size.
f. If overhead lines are present along the perimeter landscape edge, no
trees will be permitted in that perimeter landscape edge. In addition, no
trees shall be permitted within a thirty-foot distance from the outermost
power line.
g. A screen no less than three (3) feet height comprised of a wall, solid
fence, berm, or plant material or combination of shall be provided along
the entire length of the landscaping edge or buffer, if any part of the
landscaping edge is within ten(10) feet of the right-of-way. The screen
does not have to be straight with the street or parking edge.
h. The three-foot high screen shall not be on the right-of-way.
i. The three-foot high screen shall not be required across driveways.
j. The three-foot high screen shall not be within three(3)feet of a
driveway or restrict a driver's line of sight of approaching vehicles as
determined by the city.
k. The required three-foot high screen,when planted, shall be a minimum
of two(2)feet in height. See list of suggested shrubs.
1. A minimum width of three(3)feet is required for the bed containing
the planted screen.
m. The required three-foot high screen,if planted shall be maintained at
no less than three(3) feet high.
(3) An increase in the size of an existing parking lot by twenty-five (25) percent
in the number of parking spaces or more shall require the entire parking lot, in
addition to the twenty-five(25) percent expansion,to be brought into compliance
with this section.
a. A turf area is to be located between the paved or curbed portion or
sidewalk of the adjacent street right-of-way and the front property line.
b. The landscape planting strip shall not be used for parking, but can be
crossed with driveways providing direct ingress and egress to the
z.pr14120_exhibit c
development that have been approved by the development services
manager or his designee.
c. This landscape planting strip shall by planted with one(1) class A or
two (2) class B trees for each twenty-five(25) lineal feet or fraction
thereof along the property line. The required trees may be planted
anywhere within the landscape planting strip with a minimum of ten(10)
feet apart for class A trees and a minimum of five(5) feet apart for class B
trees.
d. Three(3) feet of public right-of-way may be used with written
permission from the City of Port Arthur.
(j) Installation and maintenance.
(1) All landscaping shall be installed in accordance with accepted standards of
the Texas Nurseryman's Manual.
(2) All plant material shall be true to name,variety, and size and shall conform
to all applicable provisions of the American Standards for Nursery Stock, latest
edition.
(3) The owner and/or tenant shall be responsible for installing and maintaining
all landscaping according to standard horticultural practices.
(4) All landscaping shall be maintained in a healthy,neat, and orderly condition.
(5) No trees may be located within ten (10) feet of a fire hydrant.
(6) No trees may be topped if the limbs are three(3)inches in diameter or
greater.
(7) Required three-foot hedges shall be maintained at a minimum of three(3)
feet in height.
(8) Dead,dying or damaged landscaping material shall be immediately replaced
in conformance herein.
(9) Irrigation systems must be in good and operating condition.
(10) Failure to install required material or maintain landscaping within sixty(60)
days of notification shall be subject to legal action
(11) Any request for a variance to the terms of the deed restrictions must be
submitted in writing and be responded to in writing by the PAEDC President after
due consideration by the PAEDC Board of Directors.
(k) Letter of credit.
(1) A letter of credit may be utilized when the landscaping improvements
required by the PAEDC have not been completed prior to the issuance of a
certificate of occupancy.
(2) The applicant shall post cash or an irrevocable letter of credit payable to the
Port Arthur Section 4A Economic Development Corporation in an amount
equal to one hundred thirty (130) percent of the estimated cost. This amount
shall include the Port Arthur Section 4A Economic Development
Corporation's cost of administering the completion of the improvement in the
z.pr14120_exhibit c
event the sub divider defaults as provided herein. The security shall be
deposited with the Port Arthur Section 4A Economic Development
Corporation or in escrow with a bank at the option of the Port Arthur Section
4A Economic Development Corporation. Such letter of credit shall comply
with all statutory requirements and shall be satisfactory to the Port Arthur
Section 4A Economic Development Corporation's attorney as to form,
sufficiency, and manner of execution as set forth in these regulations. The
period within which required improvements must be completed shall be
specified by the Port Arthur Section 4A Economic Development Corporation
or his designee and shall be incorporated in the letter of credit. In those cases
where a letter of credit has been posted and the required improvements have
not been installed within the terms of the letter of credit,the PAEDC may
thereupon declare the letter of credit in default and require that all of the
improvements be installed.
TREES FOR PORT ARTHUR BUSINESS PARK
Class A Tree: Mature height greater than thirty(30) feet
Branches begin at six(6) feet
Must be two (2) inches or greater in caliper when
planted
Common Name Latin Name
Bald Cypress (back property only) Taxodium distichum
Canary Island Date Palm Phoenix canariensis
Cherrybark Oak Quercus falcata var. pagodifolia
Green Ash (back property only) Fraxinus pennsylvanica
Live Oak Quercus virginiana
Sawthooth Oak Quercus
Loblloly Pine (back property only) Pinus Taeda
Nuttall Oak Quercus Nuttallii
Pecan (back property only) Carya illinoinensis
Red Maple Acer rubrum 'Drummondii'
Sabal Palms, Florida Fan Palm/cabbage Sabal palmetto
Palm
Shumard Oak Quercus Shumardii
Slash Pine (back property only) Pinus Elliottii
Southern Red Oak Quercus falcata
z.pr14120_exhibit c
Spruce Pine(back property only) Pinus glabra
Swamp Chestnut Oak, Cow, Basket Quercus Michauxii
Washingtonia Palm Washingtonia robusta
Water Oak Quercus nigra
White Oak Quercus alba
Willow Oak Quercus phellos
Windmill Palm Tracycarpus fortunel
Class B Tree: Less than thirty-foot mature height
Eight (8) to ten(10)feet height when planted
Common Name I Latin Name
American Holly I Ilex opaca
Chinese Fan Palm Livistona chinensis
Chinese Pistachio (back property only) Pistacia chinesis
Crape Myrtle Lagerstroemia indica and hybrid
Flowering Pear (side/back property only) Pyrus Calleryana'Bradford', 'Aristocrat'
Japanese Evergreen Oak Quercus glauca
IParsley Hawthorn Crataegus Marshallii
IRiver Birch Betula nigra
ITexas Redbud Cercis canadensis'Texensis'
Tree Ligustrum Ligustrum lucidum
Wax Ligustrum Tree Ligustrum japconicum
SHRUBS FOR SCREENING REQUIREMENTS
Shrubs: Maintain three-foot height or greater
Must be evergreen
Common Name Latin Name
Blue Vase Juniper Juniperus chinensis'Glauca'
Bottlebrush Callistemon rigidus
z.pr14120_exhibit c
Camellia Sasanqua, upright Camellia Sasanqua
Chinese Holly Ilex cornuta 'Rotunda'
Cleyera Ternstoremia gymnanthera
Dwarf Burford Holly Ilex cornuta'Burfordii Nana'
Dwarf Japanese Holly Ilex crenata 'Compacta'
Dwarf Wax Myrtle Myrica pusilla
English Boxwood I Buxus sempervirens
Fringe Flower I Loropetalum chinense
Gardenia, Cape Jasmine Gardenia jasminoides
Glossy Abelia Abelia grandiflora
Indian Azalea Rhododendron indica
Indian Hawthorn + Raphiolepis indica
Nandina I Nandina domestica
Oleander DWARF Nerium Oleander
Red Tip Photinia Photinia glabra
Wax-leaf Ligustrum Ligustrum japonicum
SIGNED and AGREED to on this the ID U_day of 12J6L , 2007.
/1 '
r
Richard Wycoff, esid
City of Port Arthur Section 4A
Economic Development Corporation
z.pr14120_exhibit c
1 ACKNOWLEDGEMENT
THE STATE OF TEXAS: §
§
COUNTY OF JEFFERSON: §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day
personally appeared Richard Wycoff, President, known to me to be
the person whose name is described to the foregoing instrument,
and acknowledged to me that he executed the same as the act and
deed of the City of Port Arthur Section 4A Economic Development
Corporation, for the purposes and considerations therein
expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the � day of
40a__
'�'.� "� BRENDq C,VAUGMN , /4
NOTAM vueuc lTATE O Tau 6tein-CIA- U
counnot tunny
"0, JUNE 7. ZOOP NOTARY PUBLIC, STA OF TEXAS
SIGNED and AGREED to on this the day of _, 2007.
i/AA706.0 -4--
Keith Daws, Sr. , Secretary
City of Port Arthur Section 4A
Economic Development Corporation
ACKNOWLEDGEMENT
THE STATE OF TEXAS: §
§
COUNTY OF JEFFERSON: §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day
personally appeared Keith Daws, Sr. , Secretary, known to me to be
the person whose name is described to the foregoing instrument,
and acknowledged to me that he executed the same as the act and
deed of the City of Port Arthur Section 4A Economic Development
Corporation, for the purposes and considerations therein
expressed, and the capacities therein stated.
74)
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the n) day of
_ - _, A. D, 2007 .
BftENpq C.VqUGHN NOTARY PT1BT.IC, STA OP TRIMS
NOTARY WCSTATEOf Wu
•k oi C0t1111100 tilltii<
JUNE 7. 2009
z,pr14120 exhibit c
AFTER RECORDING, RETURN TO:
City of Port Arthur Section 4A Economic Development
Corporation
P. 0. Box 1089
Port Arthur, TX 77641-1089
z.pr14120 exhibit c
CD
APPENDIX "A"
0
DESCRIPTION OF A
p 297 960 ACRE TRACT OR PARCEL OF LAND
OUT OF AND PART OF
THE WM. McFADDIN SURVEY, ABSTRACT NO 416,
THE T.& N 0 R.R. SURVEY, SECTION NO.5, ABSTRACT NO.238,
AND THE T & N.O.R R. SURVEY, SECTION NO 9, ABSTRACT NO. 242
CD
JEFFERSON COUNTY,TEXAS
AUGUST 20, 2001
CCDD
All that certain tract or parcel of land lying and being situated in Jefferson County,
rat Texas, parts of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, the T. & N.O.R.R
SURVEY, SECTION NO. 5, ABSTRACT NO. 238, and the T. & N.O.R.R. SURVEY,
n
SECTION NO. 9,ABSTRACT NO. 242, and being parts of Blocks 14, 15 and 16, Range N,
-D Blocks 14, 15 and 16, Range 0, and Blocks 15 and 16, Range P of the Lands of the Port
Arthur Land Co , the plat of which said subdivision is of record in Volume 1, Page 22 of the
Map Records of Jefferson County,Texas,and being a part of that certain tract of land herein
referred to as the "McFaddin and Cordts" tract, which said McFaddin and Cordts tract is
designated "TRACT NO. 18-C" and is described in that certain instrument from W P H
McFadden, Jr, and J.L.0 McFaddin, as Trustees of the McFaddin Trust to J.L.C. McFaddin,
Di McFaddin Houk, Perry McFaddin Duncan, W P H. McFaddin Jr, Mamie McFaddin Ward,
Camelia B. McFaddin and Di Vernon McFaddin Cordts, W.P H. McFaddin Jr., and J L.0
McFadden,jointly, and Mamie McFaddin Ward,W P H. McFaddin, Jr., J L.0 McFaddin, and
Camelia B. McFaddin and Di Vernon McFaddin Cordts,jointly,dated February26, 1948 and
CD
recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and
which said TRACT NO. 18-C is indicated on that certain plat entitled"PARTITION MAP NO
ON 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY, TEXAS . " which
said plat is of record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas,
and being a part of that certain tract of land herein referred to as the "Cordts" tract, which
0 said Cordts tract is descnbed in that certain instrument from E.G Cordts, Jr., Independent
C Executor of the Estate of Di Vernon McFaddin Berly to E.G Cordts, Jr., Colleen Cleve
Cordts and Anna Camelia Cordts, dated September 13, 1994 and recorded under County
Clerk's File No 94-9432523 of the Official Public Records of Real Property of Jefferson
C7 County, Texas, and the said tract herein descnbed being that exact same certain tract of
Cp land herein referred to as the "PAEDC" tract, which said PAEDC tract is described in that
certain instrument from E G. Cordts, Jr., , Colleen Clare Cordts Rice, .. , and Anna
Camelia Cordts Edwardson, to Port Arthur Economic Development Corporation, dated
February 28, 2001 and recorded under County Clerk's File No. 2001007554 of the Official
CED Public Records of Real Property of Jefferson County, Texas, and the said tract herein
3 described being more particularly descnbed as follows:
r* BEGINNING at a iron rod with a Texas Department of Transportation aluminum cap
0 (TxDOT Type 1 Monument) found for the southeast corner of the said tract herein
Page 10 of 13
CD
cri descnbed, the said corner being the southeast corner of the said PAEDC tract, and the said
o corner also being the most southerly southwest corner of that certain tract of land herein
referred to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and is
described in that certain instrument from E.G Cordts, Jr, Colleen Clare Cordts Rice and
Anna Camelia Cordts Edwardson to Jefferson County,dated March 15, 1999 and recorded
under County Clerk's File No 1999009190 of the Official Public Records of Real Property of
Jefferson County, Texas, and the said corner being in the north line of that certain tract of
-Crt land herein referred to as the Parcel 32" tract, which said Parcel 32 tract is so designated
and is described in that certain instrument from The Mamie McFaddin Ward Heritage
CD Foundation to Jefferson County, dated December 12, 1996 and recorded under County
Clerk's File No 96-9638512 of the Official Public Records of Real Property of Jefferson
77
County, Texas, the said corner being an interior angle point corner in the southwesterly
nght-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument
found for corner being East (Assumed Basis of Beanngs - called South 89° 37' 00" East)
along and with the south line of the said PAEDC tract, said north line of the Parcel 32 tract
CD and north line of that certain tract of land herein referred to as the "Ward" tract, which said
rbr Ward tract is designated "TRACT NO. 19-C"and is descnbed in the hereinbefore referenced
instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County,
Texas, and which said TRACT NO. 19-C is indicated on the hereinbefore referenced plat of
record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas, a total
distance of 5,430.99 feet (called 5,431.07 feet) from a 5/8" iron rod with a yellow cap
stamped"RPLS 3636"found for reference;
THENCE West(called North 89° 37' 00"West) along and with the said south line of
the PAEDC tract,north line of the Parcel 32 tract and north line of the Ward tract,passing at
a distance of 16 92 feet (called 16.92 feet) a 5/8" iron rod found for the most northerly
northwest corner of the said Parcel 32 tract, the said corner being an exterior angle point
ca is corner in the said southwesterly right-of-way line of Texas State Highway Spur 93, and
passing at a distance of 4,938.57 feet(called 4,938 91 feet)a 5/8"iron rod with a yellow cap
f D stamped "RPLS 3636" found for reference at the southeast corner of that certain tract of
land herein referred to as the "TRACT 196-A" tract, which said TRACT 196-A tract is so
O designated and is described in that certain instrument (titled "RIGHT-OF-WAY
EASEMENT")from Di Vernon McFaddln Kibodeaux, formerly Di Vernon McFaddin Cordts,
joined therein by her husband, Oren J. Kibodeaux to Jefferson County Drainage Distnct No.
7 dated January 4, 1968 and recorded In Volume 1531, Page 123 of the Deed Records of
Jefferson County Texas, and passing at a distance of 5,430 99 feet (called 5,431.07 feet)
` the herein before said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for
reference at the southwest corner of the said TRACT 196-A tract, and continuing (West)
Cp along and with the said south line of the PAEDC tract and north line of the Ward tract,a total
distance of 5,545 27 feet(called 5,545.35 feet)to a point for the southwest corner of the said
77
H tract herein described, the said corner being the southwest corner of the said PAEDC tract,
and the said corner also being the northwest corner of the said Ward tract, and the said
corner being in the easterly line of that certain tract of land herein referred to as the "TRACT
A" tract, which said TRACT A tract is so designated and is described n that certain
3 instrument from Darling Klaver, et al to Jefferson County Drainage District No. 7 dated
November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of
OJefferson County,Texas, and the said corner being in the centerline of Rhodrar Gully,
-a
Page 11 of 13
(D
CAD THENCE North 12° 17' 39"West(called North 11° 54' 13"West) along and with the
7 westerly line of the said PAEDC tract, the said easterly line of the TRACT A tract and said
0 centerline of Rhodair Gully, a distance of 724.96 feet (called 724 92 feet)to a point for the
most westerly northwest corner of the said tract herein described,the said corner being the
most westerly northwest corner of the said PAEDC tract,and the said corner also being the
most southerly corner of that certain tract of land herein referred to as the"J.L.C. McFaddin"
tract, which said J L C. McFaddin tract is designated"TRACT NO. 12-C"and is described in
the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed
Records of Jefferson County, Texas, and which said TRACT NO 12-C is indicated on the
hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of
Jefferson County,Texas;
77
THENCE North 39° 57' 00" East (called North 40° 20' 00" East) along and with the
most westerly northwest line of the said PAEDC tract and most southerly southeast line of
the said J.L.C. McFaddin tract, passing at a distance of 132.53 feet (called 132.53 feet) a
5/8" iron rod with a yellow cap stamped"RPLS 3636" found for reference at the northwest
corner of the hereinbefore said TRACT 196-A tract, and passing at a distance of 736.10 feet
(called 735.85 feet) a 5/8" iron rod with a red plastic cap stamped "S&P INC" set for
-D reference at the northeast corner of the said TRACT 196-A tract (and which said 5/8" iron
-C rod with a red plastic cap set for reference is North 37° 58' 15"West a distance of 0.39 feet
from a 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference), and
continuing (North 39°57'00" Ease) along and with the said most westerly northwest line of
the PAEDC tract and most southerly southeast line of the J L C McFaddin tract, a total
distance of 3,925.49 feet (called 3,925.61 feet)to a Yz" iron rod found for the most northerly
corner of the said tract herein described, the said corner being the most northerly corner of
the said PAEDC tract, and the said corner also being the most westerly corner of that certain
tract of land herein referred to as the "Barnette - 1483/177" tract, which said Barnette -
�-' 1483/177 tract is descnbed in that certain instrument from Gulf Refining Company to N.K.
CD
Barnette, Jr dated October 24, 1966 and recorded in Volume 1483, Page 177 of the Deed
CA Records of Jefferson County, Texas;
N
0 THENCE South 49° 46' 07" East (called South 49° 23' 24" East) along and with the
most northerly northeast line of said PAEDC tract and southwesterly line of the said
Bartnette - 1483/177 tract, a distance of 1,317 60 feet(called 1,317.54 feet)to a 1/z" iron rod
found for an interior corner of the said tract herein descnbed, the said corner being an
intenor comer of the said PAEDC tract, and the said corner also being the most southerly
comer of the said Bamette- 1483/177 tract,
n THENCE North 40° 07' 58" East (called North 40° 33' 04" East) along and with the
@ most easterly northwest line of the said PAEDC tract and southeasterly line of the said
Barnette - 1483/177 tract, a distance of 151 95 feet (called 151.86 feet) to a 5/8" iron rod
1-1 with a yellow cap stamped"RPLS 3636"found for the most easterly northwest corner of the
1--• said tract herein described,the said corner being the most easterly northwest corner of the
rti
said PAEDC tract, and the said corner also being the most westerly corner of that certain
tract of land herein referred to as the "Bamette - 1483/176" tract. which said Bamette -
r-r 1483/176 tract is descnbed in that certain instrument from Di Vernon McFaddin Cordts
(`) joined therein by her husband, Edwin G. Cordts to N K Bamette, Jr. dated October 11, 1966
0
Page 12 of 13
CD
and recorded in Volume 1483, Page 176 of the Deed Records of Jefferson County, Texas,
and the said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for corner being
0 South 40° 11' 19" West (called South 40° 33' 04" West) along and with the said
southeasterly line of the Bamette - 1483/177 tract, northwesterly line of the said Barnette -
O1483/176 tract and southeasterly line of that certain tract of land herein referred to as the
"LNVA" tract, which said LNVA tract is described in that certain instrument from Gulf
Refining Company to the Lower Neches Valley Authority dated April 8, 1975 and recorded In
-� Volume 1876, Page 290 of the Deed Records of Jefferson County,Texas,a total distance of
�---j 499.44 feet (called 500 00 feet) from a 5/8" iron rod found for the most northerly corner of
the said Bamette- 1483/176 tract, the said comer also being the most easterly corner of Vie
"'r said LNVA tract, and the said corner being in the hereinbefore said southwesterly right-of-
way r--i
line of Texas State Highway Spur 93,
CDTHENCE South 83° 44' 08" East(called South 83° 21' 35"East) along and with the
3 most easterly north line of the said PAEDC tract and southerly line of the said Bamette -
CD 1483/176 tract, a distance of 557.12 feet(called 557 12 feet)to a 5/8" Iron rod found for the
most northerly northeast comer of the said tract herein descnbed, the said corner being the
O most northerly northeast corner of the said PAEDC tract, and the said corner also being the
most northerly northwest corner of the hereinbefore said Parcel 31 tract,and the said comer
being in the said southwesterly right-of-way line of Texas State Highway Spur 93, and the
said 5/8" iron rod found for corner being South 27° 38' 14" East (called South 27° 11' 44"
East) along and with the said southwesterly right-of-way line of Texas State Highway Spur
93, a distance of 499.26 feet (called 499.56 feet) from the hereinbefore said 518" iron rod
found for the most northerly corner of the Bamette- 1483/176 tract and most easterly corner
of the LNVA tract;
THENCE South 27° 30' 14" East (called South 27°07' 03" East) along and with the
N most easterly northeast line of the said PAEDC tract, southwesterly line of the said Parcel
31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93, a total
CD distance of 3,294.33 feet(called 3,294 40 feet)to the Point of Beginning and
--s
pContaining 297.960 acres(called 297.9732 acres)of land, more or less
n
a
Prepared by
Schaumburg&Polk, Inc
E James Verrett,
Registered Professional Land Surveyor No 1781
CD
—t
7C"
1--4
rr
CD
3
CD
r t.
C-)
Page 13 of 13
fl)
APPENDIX"A"
DESCRIPTION OF A
0 297 960 ACRE TRACT OR PARCEL OF LAND
OUT OF AND PART OF
THE WM.McFADOfN SURVEY,ABSTRACT NO 418,
THE T.&N 0 RR SURVEY,SECTION NO.5,ABSTRACT NO.238,
AND THE T &N.O.R R.SURVEY.SECTION NO 9,ABSTRACT NO.242
JEFFERSON COUNTY,TEXAS
AUGUST 20,2001
3 All that certain tract or parcel of land tying and being situated in Jefferson County,
CDD Texas, parts of the WM. McFADDIN SURVEY. ABSTRACT NO. 418, the T. & N.O.R.R
SURVEY. SECTION NO. 5, ABSTRACT NO. 238, and the T. & N.O.R.R. SURVEY,
0 SECTION NO.9,ABSTRACT NO.242.and being parts of Blocks 14, 15 and 16,Range N,
-p Blocks 14, 15 and 16,Range 0, and Blocks 15 and 16, Range P of the Lands of the Port
Arthur Land Co,the plat of which said ButdMsion is of record In Volume 1,Page 22 of the
Map Records of Jefferson County,Texas,and being a part of that certain tract of land herein
referred to as the "McFadden and Cordes'tract, which said McFaddin end Cordts tract is
designated -TRACT NO. 18-C' and is described in that certain instrument from W P H
McFadden,Jr,and J.L.0 McFaddin,as Trustees of the McFaddin Trust to J.L.C. McFaddin,
Dt McFadden Houk,Perry McFaddin Duncan,W P H.McFaddin Jr,Memre McFeddln Ward,
Camelia B. McFaddin and Di Vernon McFaddin Cordts, W.P H. McFaddin Jr.,and J LC
McFadidln,Jointly,and Mamie McFaddin Ward,W P H.McFadden,Jr..J LC McFaddin,arid
Camelia B.McFadden and Di Vernon McFadden Cordes,jointly,dated February 26. 1948 and
recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and
..s which said TRACT NO.18-C is Indicated on that certain plat entitled"PARTITION MAP NO
cn 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY.TEXAS . "wMch
said plat is of record in Volume 8,Page 110 of the Map Records of Jefferson County,Texas,
and being a part of that certain tract of land hereon refened to as the'Cordes'trod, which
said Conies tract Is described in that certain instrument from EG Cordts,Jr., Independent
Executor of the Estate of Di Vernon McFaddsn Betty to E.G Cordes, Jr., Colleen Gave
Cordts and Anna Camelia Cordes,dated September 13, 1994 and recorded under County
Clerk's File No 94-9432523 of the Officrel Public Records of Real-Property of Jefferson
() County, Texas, and the said tract herein described being that exact same certain tract of
land herein referred to es the"PAEDC"tract,which said PAEDC tract is described In that
certain instrument from E G. Cordes, Jr., , Colleen Clare Cordts Rice, .. , and Anna
1,,,4 Camelia Cordts Edwardson, to Port Arthur Economic Development Corporation, dated
rt February 28, 2001 and recorded under County Clerk's File No. 2001007554 of the Official
Public Records of Real Property of Jefferson County, Texas, and the said tract herein
3 described being more parbwlariy descnbed as follows:
BEGINNING at a iron rod with a Texas Department of Transportation aluminum cap
(TxDOT Type 1 Monument) found for the southeast corner of the sad tract herein
Page 10 of 13
•
I
'�'
:Y
lit
ai described,the sad corner bang the southeast corner of the said PAEDC tract,and the said
MO corner also being tie most southerly southwest comer of that certain tract of land herein
referred to as the 'Parcel 31" track which said Parcel 31 tract is so designated and rs
described in that certain instrument from EG Cordes. Jr, Colleen Clare Cordts Rice and
0 Anna Camelia Cordes Edwardson to Jefferson County.dated March 15, 1999 and recorded
C under County Clerks File No 1999009190 of the Official Public Records of Real Property of
M Jefferson County,Texas,and the sad comer being in the north line of that certain tract of
land herein referred to as the"Parcel 32°tract, which said Parcel 32 tract is so designated
n and is described in that certain instnanent from The Mamie Mc Feddbn Ward Heritage
Foundation to Jefferson County, dated December 12, 1996 and recorded under County
'r Clerks File No 96-9638512 of the Officel Public Records of Real Property of Jefferson
.,., County, Texas, the said corner being an interior angle point corner in the soutrwestarty
ngMtf-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument
CD found for corner being East (Assumed Basis of Bearings -called South 89° 37'00"East)
along and with the south line of the said PAEDC tract, said north line of the Parcel 32 tract
and north line of that certain tract of land herein referred to as the"Ward"tract which said
n Ward tract b designated"TRACT NO,19. 'and is described in the herambefore referenced
instrument recorded In Volume 692, Page 22 of the Deed Records of Jefferson-eoantt,
-p Terns.and which sad TRACT NO. 19-C is rebated on the herembelrore referenced plat of
".< record In Volume 8, Page 110 of the Map Records of Jefferson County , e total
distance of 5,430.99 feet (called 5,431.07 feet) from a 5/8" Iron rod with a yellow cap
stamped"RPLS 3636'found for reference;
THENCE West(called North 89°3r 00"West)along and with the sad south tine of
the PAEDC tract,north line of the Parcel 32 tract and north line of the Ward tract,Main)at
a distance of 16 92 feet (called 16.92 feet) a 5/8" iron rod found for the most northerly
northwest corner of the sad Parcel 32 tract. the said corner being an exterior angle point
0 comer in the said southwesterly rtghtcfmay line of Texas State Highway Spur 93, and
passing at a distance of 4,938.57 feet(called 4,938 91 feet)a 518"non rod with a yellow cap
stamped "RPLS 3636"found for reference at the southeast corner of that certain tract of
cm land herein referred to as the'TRACT 196-A" tract, which said TRACT 196-A tract is so
designated and is described in that certain instrument (titled 'RIG/ T-OF.WAY
EAJMEJ1T)from DI Vernon McFaddin Kibodeaux,formerly Di Vernon McFaddin Colts.
pined therein by her husband.Oren J.Kibodeaux to Jefferson County Drainage District No.
7 dated January 4. 1968 and worded In Volume 1531, Page 123 of the Deed Records of
Jefferson County Texas, and passing at a distance of 5,430 99 feet(called 5,431.07 feet)
'Z the hermuhbefoce said 5/8' iron rod with a yellow cap stamped "RPLS 3636" found for
C) reference at the southwest corner of the sad TRACT 196-A tract, and continuing (west)
!b along and with the said south tune of the PAEDC tract and north the of the Ward tract,a total
P- distance of 5.545 27 feet(called 5,545.35 feet)to a point for the southwest comer of the said
tract herein described,the said comer being the southwest corner of the said PAEDC track
= and the sad comer also being the northwest comer of the said Ward tract, and the said
CD corner being in the easterly line of that certain tract of land herein referred to as the"TRACT
3 A" tract, which said TRACT A tract is so designated and is described in that certain
(a • instrument from Darling Waver, et al to Jefferson County Drainage District No. 7 dated
y November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of
O Jefferson County,Texas,and the sad
corner
being in the centerline of Rhodcar Gully,
Page 11 of 13
••f
rr:
THENCE North 12° 1T 39"West(caked North 11°54' 13°West)along and with the
westerly line of the said PAEDC trad, the said easterly Ire of the TRACT A bad and said
o centerime of Rhodair Gully, a distance of 724.96 feet(called 724 92 feet)to a point for the
most westerly northwest corner of the said tract heron desaribed,the said corner being the
most westerly northwest corner d the said PAEDC tray and the sad corner also being the
most southerly corner of that certain tract of land herein referred to as the"J.LC.McFaddit"
tract.which said J L C.McFaddiri tract is designated'TRACT N9,12-'and re described in
the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed
Records of Jefferson County,Texas,and which said TRACT NO 12-C is indicated on the
hereinbe/ore referenced plat of record in Volume 8, Page 110 of the Map Records of
Jefferson County,Texas;
THENCE North 39° 51'00"East(called North 40° 20'00° East)along and w9h the
b most westerly northwest line of the said PAEDC tract and most southerly southeast line of
—� the said J.L.C. McFaddrh tract, passing at a distance of 132.53 feet(called 132.53 feel)a
5/8"iron rod with a yellow cap stamped"RPLS 3836"found for reference at the northwest
r'* corner of the hererrtbekore said TRACT 196-A tract,and passing ate distance of 736.10 feet
o (caked 735.85 feet) a 5/8° iron rod with a red plastic cap stamped °SW INC" set for
reference at the northeast corner of the said TRACT 196-A tract(and which said 5/8"iron
rod-wittra red plastic cap set for reference is North 37°56 15"West a distance of 0.39 feet
from a 5/8" won rod with a yelow cap stamped "RPLS 3636' found for reference), and
continuing(North 39°57'00"Ease)along and with the sad most westerly northwest tine of
the PAEDC tract and most southerly southeast line of the J L C McFaddin tract, a total
distance of 3,925.49 feet(called 3,925.61 feet)to a iron rod found for the most northerly
corner of the said bad herein deathbed.the said corner being the most northerly corner of
the said PAEDC tract and the said corner also being the most westerly corner of that certain
tract of land herein referred to as the "Barnette - 1483/177'8 tract, %Wth said Barnette 1483/177 tract is described in that certain instrument from Gulf Refining Company to N.K
Barnette, Jr dated October 24, 1966 and recorded in Volume 1483,Page 177 of the Deed
rD Records of Jefferson County.Texas;
vh
THENCE South 49°46'07"East(called South 49°23'24"East)along and with the
most northerly northeast line of said PAEDC tract and southwesterly line of the said
Bartnette-1483/177 tract,a distance of 1,317 60 feet(called 1.317.54 feet)to a 14°iron rod
found for an interior corner of the said tract herein described, the said corner being an
interior corner of the said PAEDC tract, and the said corner also being the most southery
comer of the said Barnette- 1483/177 tract,
n THENCE North 40°07' 58"East(called North 40°33'04'East) along and with the
FIT most easterly northwest line of the said PAEDC tract and southeasterly line of the said
Bamette - 1483/177 tract. a distance of 151 95 fart(caged 151.86 feet)to a 5/8"won rod
with a yellow cap stamped"RPLS 3636"found for the most easterly northwest corner of the
said tract herein described,the said comer being the most easterly northwest corner of the
cri
said PAEDC tract, and the said corner also being the most westerly corner of that certain
tract of land herein referred to as the "Barnette - 1483/176° tract, which sad Barnette -
1483/170 tract is described in that certain instrument burn Di Vernon McFaddh Cordts
joined therein by her husband,Edwin G.Cordts to N K Barnette.Jr.dated October 11,1966
Page 12 of 13
.rr
CCD and recorded In Volume 1483.Page 176 of the Deed Records of Jefferson County,Texas,
and the sad 5/8' iron rod with a yellow cap stamped`RPLS 3636"found for corner bang
South 40° 11' 19' West (called South 40° 33' 04° West) along and with the said
southeasterly line of the Barnette-1483/177 tract, northwesterty Imo of the said Barnette-
1483/176 tract and scxMeasterty line of that certain tract of land herein referred to as the
_ "LNVA' tract. which sad LNVA tract is desaibed n that certain Instrument from Gulf
Refining Company to the Lower Neches Valley Authority dated Aps 8.1975 and recorded h
Volume 1876,Page 290 of the Deed Records of Jefferson County,Texas,a total distance of
499.44 feet (caled 500 00 feet)from a 5/8"eon rod found for the most northerly corner of
the said Barnette-1483/176 tract.the said corner also being the most easterly corner of the
said LNVA tract,and the said corner being in the herembefore sad southwesterty right-of-
way line d Texas Slate Highway Spur 93.
f,D THENCE South 83°44'08'East(called South 83°21'35'East)along and with the
most easterly north tine of the said PAEDC tract and southerly tine of the sad Barnette-
fD 1483/176 tract a distance of 557.12 feet(caled 56712 feet)to a 5/8"Iron rod found for the
most northerly northeast corner of the said tract herein described,the said corner 0tu--;the
C most northerly northeast cornerat of the said PAEDC tract,and the said comer io being the
most northerly northwest corner of the herernbefore sad Parcel 31 tract and the said comer
being In the said exAfiwestmry right-of-way line of Texas State Highway Spur 93,and the
said 5/8" Iron rod found for corner being South 27° 38' 14"East(called South 27° 11'44'
East)along and with the sad southwesterly right-of-way line of Texas State Highway Spur
93, a distance of 499.26 feet(called 499.56 feet) from the herenbefore said SIB" iron rod
found for the most northerly corner of the Barnette-1483/176 tract and most easterly owner
of the tJ VA trail;
THENCE South 27°30' 14"East(called South 27°07'03"East)along and with the
most easterly northeast line of the said PAEDC tract southwesterly Ilene of the said Parcel
en 31 tract and said southwestery right-or-way line of Texas State Highway Spur 93. a total
distance of 3,294.33 feet(called 3,294 40 feet)to the Pant of Beginning and
pContaining 297.960 aces(called 297.9732 acres)of land,more or less
C Prepared by
Schaumburg&Polk,Inc
E James Verret,
Registered Professional Land Surveyor No 1781
(D
1-4
rt
ell
3
Page 13 of 13
11rn_A.
1383265P
A OG5
AMENDMENT NO.2'TO
COVENANTS AND RESTRICTIONS
PORT ARTHUR BUSINESS PARK
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
(the'PAEDC')filed D original Covenants and Rrs,tikitioits,Port Arthur Business Park dated
November 30, 2005 in the Official Public Records of Real Property of Jefferson County,
Texas on or about January 26, 2006, under File No. 2006003269 as it pertains to the land
described in Appendix"A`attached hereto;
WHEREAS,the PAEDC filed the Amendment No_ 1 to Covenants and Restrictions in
the Official Public Records of Real Property of Jefferson County,Texas on or about May 10,
2007,under File No,200701.7117;
WHEREAS,the PAEDC met on May 7, 2012.and agreed to the following amendment
to the Covenants and Restrictions,Pori Arthur Business Park_
ASSESSMENT
The lessees and private owarrs of the land in the Business Park shalt pay assessments to
the PAEDC far (i) the maintenance of the street signage and landscaping, (a) the costs to
enforce these deed restrictions, (iii) the costs [o maintain the Business Park and (iv)costs to
provide security services within the Business Park, such assessments shall be a minimum of
$500 per acre per year and shall be payable on or before December 31` of each year.
Additional assessments,as determined by the PAEDC Board of Direatwa shall not exceed the
actual proportionate share of the expenditures made by the PAEDC plus a 10% administrative
fee. The proportionate share shall be the number of acres owned or leased divided by 246.
Notwithstanding the proportionate allocation of costs set forth in the preceding
paragraph. any costs for security services provided to the Business Park out or before
December 31, 2012,shall be paid by PAF.DC.
WHEREAS,the PAEDC met on June 4.2012,and agreed to the following anterdosenx
to the Covenants and Restrrciiorts.Pon Arthur Business Park:
S _N
CAtIf4V6rY Requirements
Fencing-visible from from of primary decorative iron or as approved by
structure constructed on property the PAEDC(no wood or plastic
fences permitted)
Fencing-visible along sides or rear of chain-link ar as approved by
structures constructed on properly PAEDC(no wood or plastic fences
including along any street or right-of-way permitted)
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION that:
1. This Amendment Na. 2 to the Covenants and Restrietinns, Port Arthur Business
Park.as to the amendment,as to assess:nems ansi as to site development or approved.
2. The amendment as to assessment shall be effective as of January I 2013, and the
amendment as to site development shall be effective upon approval by the City of Port Arthur,
Texas,
3. The recitals to this Amendment are incorporated and fully referenced in this
Amendment.
4. Except as amended hereby and as previously amended by the duly nosed actions of
the PAEDC, the Covenants and Restrictions, Port Arthur ;3usinms Park are ratified and
aMrrned-
SIGNED AND AGREED to on this 14 day of 101" , , 2013.
City of Port Arthur Section 4A
Econacnie Development Corporation
By:
nt
ATTEST:
Secretary
THE STATE OF TEXAS
§
COUNTY OF JF-FFERSON §
This instrument was acknowledged before me,'on the di day of 1 ,2013,by
DDvs key,, as President and Ibivi .tip1ono 3 as Secretary on
behalf of City of Pots Arthur Soot ion 4A Economic Development Corpuratioa
I
I
----
.
(4A)-491SL l4ai,_k.J7
Now,/Vi.iblic.Size of'Texas
iv-er
A vy Garrarisan fficintS
114-1-41- C11'16E6141
-7 Ir toriarY 25,7015
40
.,..,
nag/ 1 ,
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117 m67-,tc6/5":ia-L4Prm
-1
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r.II;b11 hp 1
MINa_
AAPPENDIX"A"
9
g) 0ESOUP11ON OF A
791 960 kCl2F TRACT OR PARCEL,CT LAND
c OISt 0I AND PART OF
' TiIE WIf,AMctAndN SAY,ABSTRACT NO 415.
OE T.3140 R.dz SURVEY.SECTION NO.5.A$STRIItT NO-226.
AN CI THE T s Paa,fl R.SURVEY,SECTION NO 9,ABSTRACT NO,242
JEFFERSON T13r,AS
= AUGUST 20,2501
1 Ai tdral carter toad or mod ofgird rdahp and baits*LAWn Murton Doggy.Teak gawk of tie WM.McFAOOIN SURVEY.ABSTRACT NO.41d.Pna T.4 N,C.R.R
SURVEY,5EC1ION NO. 5. ABSTRACT mo. 233. and the T. 3 NORA SURVEY,
ra
SECTION IV.B.ABSTRACT NO.2n42.and bard pens COMudd 14,15 ad 15.Re-di N
'2 BWda 44,15 and 15.Rare O,and Blotais 15 and 15.Raga P d elu Lands of the Pat
Artlrrr Land Co,the 04 ail Oath 1 Witt ittareelde a Cf record W Yoko*1,Page 22 01 the
Map Renews or Jeaterrorn County,Term,and bead a pond that aairin WO of farad Wets
referred to as the'Akf.ddar and unite hna r►livii acid A#feddtn 1St OWN gild Ir
dtaltir heed"TRACT►+D, 1dQ'and a deed el drat mated es0utrgird frown W P I-I
1ArFa6drn.Jr,and JI.L-C ArleFeetan,as nudes&of the Mcfadet<n Trust 10 d.L.C,McFadden.
On MsFaddel Houk Parry Waddle D rcam W P 1.Msfereln Jr,MrI3 IFAltParkti W gird,
Camera a NinFaddn and DI Verdi f#addin Cad"'ALP M.hichrign Jr and J LC
!handcar),Jra illy,and Mamie Mefeddtn Wed.W P N.MaFfida ln.Jr J LC Mafadian,and
Cana lda B.Mcfaddlo and 01 Wynn A3 Faddn Cacho,r a>dy,dried February 25,t 648 and
worded at Volume 532 pis 22 ot Ito Used Records of Jalleracn CIerely.Tame,aced
Mich sad Zsealla2,152C le irdaged WI spat Near aid added N MAP NO
§ s OF 11 W M01 A IN'RUST PROFS IN JEFFERSON COuNrr.TEXAS. 'wlvdti
sad plat q of+a f in Ydr4 g,Page f 104In*Map Remrga 0JaBaacrl t ay.Tara*
and berg■pat of to oerdn tract Of lard Now relenad to as P4 COsdIY ttad,wits
NW Conas bad is descnbed a Gust Wail tnhtlbnTrant from E.G CCstitt Jr,.kndegendent
Efecteor of the Uwe of of Varxtn ikfaddre Bedy is SO OCeta r,Jr.,Cameo Cerro*
m Cord and Anna Camels co .del dale!SalnefIber 13,1594 hick rararrded um*COraMy
CrarWa Fee No 344432525 of are Oldiar Ftreee Res de or Rad Pocomity of Jstlamen
() °ouray,Tema,and the said tree!Noun deaaraed beed drat Nod aaro oer4004 trod 1
rp land Seem relayed to as the`13A€DV via'.iPi1Y mild PAEDC Sid 4 described n that
P- eaters thernsreint km E G,Gordis.Jr_, Colman Oars CAsdte Eder, .., end Mtn
Carmen Corm,Edserhtevt, to Port Misr Eaarnerree Orratgleirat Oilcirerreksi,4000d
M Fatxvwry 2t,Nc7a1 and wooed Imlay Cooly OWN Ho No.2001007554 of to O&M
• P.te Records of Haar Pt pecty of Jodieaarr Cots*.Taxes,and the sad bad tenon
• dracrted burp more perbetala1y derah d as loamy
.t traktilla at a r49 rod with a Taws Deport-Net at Triorf onsiiOrf attniran rap
(T/LOT Type 1 Muri.rnenI) f0rrrd for Ms southoeui ooriwr of the sad treed Wen
Pays 10 of 13
4seril td.ON sect Canter berg Ole eaaytassat corner cd tar wed F'J4EDC luck rand the alb
aim,404 Wig too aaaai nest txirrar 41 Orit ocher tact or tarnl hereon
relarial to as 1ha latirtM 311 track steeft sail Potosi St fond le le pwMgrail d orb
dasraLid n that wean agbn t*11t tram ECG Cords,Jr Owe Matta Rate and
Anna Creak ace Carib Ediewelion Jaf iron tasty,deed Meech 45,1222 and reto dad
tabor Cooly CWk w Pie No 199610Dift90 of the Ottl9al Putic Recce*d Nag Flmparyat
-Warm Orfalty.Tema,end the eel mew tete n the north frit rhat eirlan tact Cif
hard heron ra err al an 3S tact.WW1 Mei Prod eta S I so cestraNaol
and Ea destabed al OW certain rwetnewtt horn The Menlo faec tide Ward Nebo)
Rend/Orb b Jaffaraon County,Marl Deertt ar 12,1AG8 art ra7aded tabor Caully
CNA&Fie No 969538512 of Ore Cage Fable Ramada of Rai Property of Jaterloti
5 County,Tatar,tM tiakr tamer being en a?t>Arior ergs pock ocelot b fitseiblyeiretat
ligracCiasy ins et Table elan ifrots*ay Spur 93,and be meld 7iDOT Type 1 ticrarbit
SP Waif for Corder racing Eat(Aeluarred Been of Samna-Caked Ulf Ili`3 OO'
Wang and lath era south be n1 is eel PAM yea alb north Ikea at the Tara S2 tact
and nett fare Of Foal weg-II tract of tab bomb haitrmd b ea Nei'Wee beat,which said
Wee aide el agrrea5"TRACT ND,49.0 and a dsacrbal n the fw ilintel ci relthencsd
haMrunreraf/*Corded it VWYrtr 922,Amos 22 of the Deed Records of Jedeesnn Cooly,
texas,hand*Nen tab 117[4C[MQ.194 Y recited on the hsre1bebra ridattoc ed*tar
record h Velure 3,Paga i 10 of 1!ri of Jelbr net Courtly,Tram,a tad
&mane et 543329 bet(cabal 5,4310 Nei)tom a 5I8'fort Kai nth a yellow cap
starrlpad 1RPt1S 363r Wed tad Nr atifentra
THUM Waal(ride!Nc*89'3T OD-wee*Hag rend wt h toe head aaiR,Ina of
the PAEDC toast,north Ins Of the PatAt 32 tad and ankh h M»taw Wet tract,pasargat
s torpor.it is lie slot(coed tem tad)a Seer ease r1t0 flalltd i~a the nitric MONO
,form Garet of the nand Peace 32 tract ere ail C *nor beep Ni aidtrktr NI 5 POW
aroma in the sad scarthwastarty ray in*it Telco Stew tlrptwaay repro 93.cod
pastang M a 4elonte of 4p34 7 seat Wren 4230 21 Nei)a 59r troth fob wit a yeibtar cap
sasepsd'RPLS Seas-found for, errna at Ora ecxreaeeat comer of lxtel care►tad it
cn hard heron 110047at7 b the 0Lattir*nice1~1 Said TRACT 1616 tract a to
5 den ruled art tt eitaferibed 'n ih[d aoreeen atae•tsrece cite GHt•CF-W Y
FA$. li firm Di Vahan I.ieFiS4vt Oedema.bernedy Of Varian Laccaadain Coop
fined beware by her husband,Oren J.Metier=b Jateraan Cooly Drainage Ierend Nor.
7 dated January 4,1988 end waded it utisve 1331,Page 123 of be Deed Records of
Jananion
County
Timm, d paarang i aches+ee of 5,430►g9 NN icerei 3,431-O711eU
the Moe sap starrped $SAW bald for
t 3 rooms it Olt sixd cost as>rnir of the lard Mgaziros hsea and m*praing::a.yrsel)
bong and mint*sad meth ay the FatiEDC had and north ins dee Ward
dalliance of 5,545 27 feat(c 5,34 3 tract
p bt for the southward it of be a awl
toad hater ,Or sad acme being Pie sawpsaept corner d tie aiad PAEOC neck
end PS Nil corner elan berg cut northwelet corner et the turd Wand taco,and the mil
re corner bang n 8ra easterly be at be certain trod*tend navel retinal as art Oa"TRACT
3 A7 had. With sad TRACT A had at s0 deaapnable and a deserted n Piet oaken
eo ireaumxet tom Desna Kama.it d io JafNnoa County Drainage west t 1tt.7 dated
fkraitrbit 22.1971 aid recorded el vase*1717.Page 401 of the Dead ffibetatst
Jefferson Dainty.Tese5,aid tie lad coiner tang n toe cartoon c Moduli hagallofi3
fir
THENCE North 12'iT 39`YWed(Wed Myth 11.54'13"Wen)dory and Matta ttrw
oolong ire d to sad PAC ells do sod 4000+1y to of 1O TRACT A tse41.gni eats
conks**ci Rtcdar O .a ca deme of 71466 feat Wird MS tat leat}io a sad#or thy
arse mote*mewed rarer of the and tad heron dairsted,the odd copier bsIi the
6? moat weal*=travedM moor of the art!PAEDC urick ss11* d seatae' bete
of sire Ill
C mcod owls"ls"moor Cd tot coolest tad Of Ord heron referred Al!e the J.LC.PdtPaih
tr+et wlyrta said.1 L C.AfcFaddn trod a desrgnuted'17W J fg., 2 C'end 0 4610te0 In
the hereiribekee meerenosd Irnaawed rounded at Vo4rrra 6611,Peps 03 C der pear!
l 3 Rewrda of Mallon C A1F'y Tons,and*Ise enrol TRACT NO 12.0 s rndrairl Ora tee
hanlirhafde rrlwrnoad of t d rarud In Ware 4„Paps 110 of to Mop Records Of
Memo County.Team;
n TFiENCE Nato 31a`57'co Ent(caged North 47 20'00'Ent)Woe;and woes to
rg most wostedy northwest One dire slid PAEDC tad sod rood aeoelerly saelhsres lase of
i tie ea ILC,MtFactet arc.Prssasp rt a 6ir#ds06 d 132'53 fort((1atsd 132-83 WO a
ST Iron rod Mt a rem sap Mood FRS !Quad for rafeearaae st I'd rasters t
aeries of to hsreerbobe Mold TRACT 1oe.A trod,and pining Ma dhtowe Ct T96.IC frost
(oiled 73.5.65 Sot)a sr woe rod soh a rat OW asp sbisped'SSP INC'Mt for
lg
niftiorree a1 to railesraat caner d the old TRACT 190s4 tar 1 iolt1 i l d1 sod Mr roan
^+C rad wag is rod dart cp tot for rags+er>ce ra North 37.16 16'Wad Is doom al 0.39 feet
horn a S,tB'wart nod nsilh a yellow cap a'le wiped''1.8 9d.19"'two id k r 116101104 Mid
metric rrg Nasal 39"57 44'Ewe}Min fold wda die enrol nod vreslerty rraeUtrnol Me of
tfte PAEOC tad arad mien at7ara'wty soutoe st one d the J 1..C MCFartlin iarA a Oaf
dean*"cf 02549 tool tsatad 6.22581 tear)the A`tans red Ward Senile roast rarewty
(diner of to egad trod heroin*mated,the and meat tors;610 rioat h Ifierly comer&
the mid PAROC tad,and to said canner also tom the most asederty rrx et Opted okton
Oct Cf lend Wert scarred to as to"%erode-14831117'bare,which Mid Eanadlr-
r-"
8of
1483.177 sod re docroe9 n cotton treotm Gull
snt torn O Remo Comore 6i N.K
f3anaeMs,Jr*Sod October 24,Noe and recsrdd In vases i483,Pogo 117 Of tom
Records ofJalfareJeffersonCurrey.ThomThomrllt:NC South 49'or or ea:t scoot,ffr` ad Farr}atw+p at wdlr dire
mo at nortflerly txsrewset t of mod
d PAEOC hart area aa+MereCI& arts' the Nod
Demote•1443(17'7 tact,a distance Of 1,3 t 7 00 teal(sa8ad t.31T-54 keg Io s 31,'iron rod
't4w rt fur an IMMIX corner of She sod>red heron desatbed.the*aid corner bend an
o leror tamer Cf is and PAEAC Pads,and ere said corner duo bast?On moat aoutaerly
' calm'ts1 to ad"1 Bieneiia-tawnitrad.
T1^aENCe None.40.Or SB`East(coded Hann 40'33'04'62ij limp and vrah the
755" rrrtrd aaetore nations tow ci tho sod PAEDC tad end moschoostotty tie or the and
Barrrilte. 1483177 tract a discords ci 161 it feet(0314 15t96 tent)to a 58`iron rid
5 eeti a}Teem asp danced'R a
PLS 3678'bard tar Ire moat eeeray ocresweat canard the
aaec l trail hereon 8eso.aed,the sad Garner berg to meal earaatr►/rierrtrieeht o]frrer of the
2.
said PAEDG tart,and 20 Ord eerier also being 1M nonce(wreterty COMM dust certain
trod d Send heron refereed to to the'Bomoda•14831176"I .*NON real Boned*-
1483178 trod ra deetseed n that costar rteoum@nt roam Dr Vernon McFsddh Cards
booed toner by her huetord,Edwin.G.Ccrdti to N tS Barrette,Jr.dated Octe r 11.1698
Par I l of 73
Piiiir
g and monied n Volume 1453, is 170 d tha Used R 4 cv r d I of-3/41derven Ccard9.1-65505.
a and the sad Str eon rod web a Abe cop gewnied TM War burn Par comes ben;
8 Satan 40 11' lir Wee (Maid South 40* 33" 94"Nes1) Iona WI with to alai
aoangestarlir grim et the Barnette-143477 sick nonnireelegy Ina of bp and Sionalge•
gl 1453/179 trust end southeamerny 11Alt of 11.at pawn trod of tare NNW MIMIC'lq PI the
C "1-141fef tred,etch said UM eitt a debited n that Wien nalvervarit from Gulf
= Rafining Chfastry to No Unser Nacho Vailayeah011tv fibril Aial 0,1975 gni nexpoisd ti
"-Z Vain*1579,Pegg 290 of tee Ronorris of ad ICIOn Odurity,Tag&s Keg direereie cif
(") 499A4 Feel looted 5 )00 Jae*fiani a ST min rod falai ifs ita WOO nolo*mew of
5 'the use Bernd*-um TO back the she=ref lino bang OM WA embatioener of iha
ado LW A riot,wet gar Ned wrist hem in P.hagenbabra fed youthwisetarh rth4438
1..1
way Ina of Texas Mb Kilhgoin$88,93.
=•
rriti THENCE Smilh Sr 44'or bat(Wei South 63*21 35-Eggs)obi iirel win the
A rroit 560151tY r1calrf aril of the sad PAErsC trod ad snAharly Ine of lie semi Bernega-
1463t1 79 out a*storm of 657.12 feat(weld 65712 kW)to a Mr Iron nal bad icr the
4 rotas northertyriortaast comae of ti*sari bed Waal daanblit te sad(Omar berg the
iina northerly mhos*corm Of de said Pm=track NEI ts.bid(war also Wry the
moat nOgrierty nodlageit itallef Of 1he heragabable sari Pang 31 VICE,fir4 to iteki=ear
bang in be Raid Nourtagegirly tiglikdAvvy Ina of Taxa$ent*Pew Eger 93,end P.
said mr hi and found for tenet bang Swill 27'6 317 14'East(Wad Staith 2r/r 44'
East)non inct Tito the raid southwastorty rig1,4-day arre of These Stela Htgragy Spur
4 93,a*Moog of-89929 fag Caged 499,55 Isafi gun the haranbabs soil 5 gen rod
foissi feet to mid mete*mow d gm Bernal,-1483A75 tad Ind TnCillt tedierV corner
of the LtsiVA tram
-THENCE slash 27*9(7 14-East(wax}sonar 2r OT Or Emil slaws end Witi the
mod ossilesty oorthseal Ina d the tad PAECC bet,gekittmsttly Ira of 1les gekl Parcel
1 31 tract and laid toutmestody toghtor-way lino or Tenn Stele Agway S.tr A a tail
onganos of 3,294.33 leaf(salad 3,294 40 fad)to the Pore c8 889nortil end
9 Gorgereig 297 860 ems Wad 297.9792 Bawl)at tard,MOM CC ad
? Precpared hy
•- . Schaumburg la Pat,be
1 P
_5
Fd
3
CD
,-,
or-)
i lanca Vartaa,
10.6134bred Profeanccui Land Sarveryto No 175i
Pop 1)of/3
4
I ____
Os. ,/‘ _ 361
I n terof"1'lce
MEMORANDUM
0
o- Mayor.City Counc I.Clgi Manager ,, k
krtrcn: Floyd 9atis1c,CEO Qt M'r"' g
Date. July!B.2012
Sublet: P.R.No.17053;Council Meeting of July 24,2012
Alixhed is P.L No. 17053 approving Amendment No.2 to the
Covenants Rm1 ReairiCiion!of 113e Ciiy of Part Arthur Section 4A
Economic Development Corporation Spur 93 Business Park.
FILED AND RECORDED
OFFIGIOL Pu6,IC REcuP S
2013 !.n 23,, 01 b PM j eema
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wound L GUIDRY, cOLNTY GLL'Aic
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AMENDMENT NO.3 TO
COVENANTS AND RESTRICTIONS
PORT ARTHUR BUSINESS PARK
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
(the "PAEDC") filed its original Covenants and Restrictions, Port Arthur Business Park, dated
November 30, 2005 in the Official Public Records of Real Property of Jefferson County, Texas
on or about January 26, 2006, under File No. 2006003269 as it pertains to the land described in
Appendix"A"attached hereto;
WHEREAS, the PAEDC filed the Amendment No. I to Covenants and Restrictions in
the Official Public Records of Real Property of Jefferson County, Texas on or about May 10,
2007,under File No. 2007017117;
WHEREAS, the PAEDC filed the Amendment No. 2 to Covenants and Restrictions in
the Official Public Records of Real Property of Jefferson County, Texas on or about July 9,
2014, under File No.2014021739;
WHEREAS, the original deed restrictions stated the following as to prohibited
occupancies:
PROHIBITED OCCUPANCIES
Specifically prohibited uses include manufacturing and process operations that transmit
noise, or release odors, fumes or dust that materially exceed City, State, or Federal Standards or
discharge a waste stream that is not acceptable(due to content or volume)for the City's sanitary
sewer system. Any use that requires on site treatment of waste in order to meet the above
requirements will be allowed only on the basis of a special use permit from PAEDC, the City of
Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site treatment of
significant quantities of special waste will not be permitted. A special use permit may, at the
sole discretion of PAEDC, be granted, conditional upon continued and demonstrative
conformance to specific requirements and standards. Failure by the user receiving such
conditional approval to strictly conform to the requirements and standards imposed will be the
basis of termination of the special use permit, without recourse by the user. Notice of
termination of a special use permit will require the user to immediately cease all on site
processes that generate or contribute to the subject waste stream.
In addition, all exterior site uses including parking areas, truck maneuvering and docking
areas, storage and equipment yards and the like will be developed and maintained in strict
conformance with these covenants and restrictions and with the specific terms of approvals
granted by PAEDC and the City of Port Arthur.
#1271702
RECEIVED
JUL 052016
e
WHEREAS,the PAEDC met on April 11, 2016, and herein desires to amend the Deed
Restrictions, and does herein amend the Deed Restrictions so that the following prohibited
occupancies restrictions apply:
PROHIBITED OCCUPANCIES
Specifically prohibited uses include slaughter houses and meat packing plants.
Specifically prohibited uses further include other manufacturing and process operations that
transmit noise, or release odors, fumes or dust that materially exceed City, State, or Federal
Standards or discharge a waste stream that is not acceptable (due to content or volume) for the
City's sanitary sewer system. Any use that requires on site treatment of waste in order to meet
the above requirements will be allowed only on the basis of a special use permit from PAEDC,
the City of Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site
treatment of significant quantities of special waste will not be permitted. A special use permit
may, at the sole discretion of PAEDC,be granted, conditional upon continued and demonstrative
conformance to specific requirements and standards. Failure by the user receiving such
conditional approval to strictly conform to the requirements and standards imposed will be the
basis of termination of the special use permit, without recourse by the user. Notice of
termination of a special use permit will require the user to immediately cease all on site
processes that generate or contribute to the subject waste stream.
In addition, all exterior site uses including parking areas,truck maneuvering and docking
areas, storage and equipment yards and the like will be developed and maintained in strict
conformance with these covenants and restrictions and with the specific terms of approvals
granted by PAEDC and the City of Port Arthur.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION that:
1. This Amendment No. 3 to the Covenants and Restrictions, Port Arthur Business Park,
as to the amendment,as to assessments and as to site development or approved.
2. The amendment as to assessment shall be effective as of May 1, 2016, and the
amendment as to site development shall be effective upon approval by the City of Port Arthur,
Texas.
3. The recitals to this Amendment are incorporated and fully referenced in this
Amendment.
4. Except as amended hereby and as previously amended by the duly noted actions of the
PAEDC,the Covenants and Restrictions, Port Arthur Business Park are ratified and affirmed.
SIGNED AND AGREED to on this (04'day of T wry , 2016.
City of Port Arthur Section 4A
#1271702
Economic Development Corporation
Y• Pres d nt
ATTEST:
Secretary
THE STATE OF TEXAS §
COUNTY OF JEFFERSON § //
This instrument was acknowledged before me on the(D day of` GGs�.e- , 2016,by
_-r?y1;a 1-iOm,.s as President and ian9s1-an / /a,9.s as Secretary on
behalf of City of Port Arthur Section 4A Economic Development Corporation.
irk RACHEL A.JACQUET
=.:* MY COMMISSION EXPIRES
: ilr JUNE 10,2019 !
Notary Public, State e
#1271702
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[D
N APPENDIXdA"
M
O
O
9 DESCRIPTION OF A
297 960 ACRE TRACT OR PARCEL OF LAND
C OUT OF AND PART OF
�,.. THE WM.McFADDIN SURVEY,ABSTRACT NO 416,
THE T.&N O RR SURVEY,SECTION NO.5,ABSTRACT NO.238.
alAND THE T &N.O.R R.SURVEY,SECTION NO 9,ABSTRACT NO.242
7R" JEFFERSON COUNTY.TEXAS
M AUGUST 20,2001
MAl that certain tract or parcelof land lying and tong situated in Jefferson County,
(D Texas, parts of the WM. McFADDIN SURVEY,ABSTRACT NO. 418, the T. &N.OR.R
SURVEY, SECTION NO. 5, ABSTRACT NO. 238, end the T. & N.O.RR SURVEY,
SECTION NO.9,ABSTRACT NO.242,and being parts of Blocks 14,15 and 16,Range N,
Slodia 14,15 and 16,Range 0,and Stocks 15 and 1e,Range P of the Lands of the Port
Arthur Land Co,the plat of which said subdsv1s<on is of record In Volume 1,Page 22 of ttte
Map Records of Jefferson County,Texas,end being s part of that certain tract of laid herein
referred to es the"Mcraddin and Gorda*tract which said McFaddenn and Cordts tract Is
designated "TRACT NO. 18-C"and is described In that certain rssaument from W P H
McFadden,Jr.and J.L.0 McFaddn,as Trustees of the MoFaddin Trust to JLC.McFadden,
Oi MoFaddln Houk,Perry Mcraddin Duncan,W P H.McFaddin Jr.Mamie MCFaddtn Watt,
Camelia B. McFadden and Di Vernon Mc Feddin Gordis,WP H.McFaddn Jr.,and J LC
Mcfaddin,lorrtly,and Mamie McFaddi Ward.W P H.McFaddn,Jr.,J LC McFaddn,and
Camelia S.McFaddenn and Di Vernon McFadden Cordts,joxitly,dated February 25,1948 and
recorded in Volume 692,Page 22 o1 the Deed Records of Jefferson County,Texas,end
8 which said TRACT NO.18-C is indicated on that certain plat entitled"PARTITION MAP NO
3 OF THE MCFADDIN TRUST PROPERTY IN JEFFERSON COUNTY,TEXAS. "which
said plat a of record rn Volume 8,Page 110 of the Map Records of Jefferson County.Texas,
and being a pad of that certain tract of land herein referred to as the"Conte"tract,which
said Cordts tract Is described in that certain Instrument from E.G Cordts,Jr.,Independent
C Executor of the Estate of Di Vernon McFeddtn Brady to E.G Colts, Jr., Colleen Cleve
D Cordts and Anna Camelia Cordts,dated September 13,1994 and recorded under County
^.Z Cleric's File No 94-9432523 of the°f iciaf Public Records of Real Property of Jefferson
t7 County,Texas, and the said tract herein described being that exact same certain tract of
fp land heroin referred to es the"PAEDC"tract,which said PAEDC tract is desalbed in that
R. certain instrument from E G. Cordts, Jr., , Colleen Clare Cordts Rice, .., and Anna
Camelia Coitus Edwardson, to Port Arthur Eamon=
Development Corporabon,N 7 Official
ral dated
February 28,2001 and recorded under County Clerk's Fde
Public Records of Real Property of Jefferson County, Texas, and the said tract herein
5 described being more parbaulaffy described as follows:
C )3EQINLANG at a iron rod with a Texas Department of Transportation atu nInum cap
(MOT Type 1 Monument) found for the southeast corner of the sad tract herein
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5 descrbed,the said comer being the southeast corner of the said PAEDC tract,and the said
0 corner also being the most southerly southwest corner b
er of that certainad of land herein
referred to as the'Parcel 31'tract, which said Parcel
so designated and re
= described m that certain instrument from E G Cow 31 Wean�Clare Cordts Rice and
b Anna Cornelia Cordta Edwardson b Jefferson County,dated March 15,1999 and recorded
under County Clerk's File No 1999009190 tithe Official Pubic Records of Real Property of
MJefferson County,Texas,and the said corner being in the north line of that certain tract of
-Z land herein referred to as the and IS described in that certain"Parcelr 3 netnenent from The Mamie McFaddin Ward Heritage
g2"tract,which said Pen*32 Seat le se designated
Foundation to Jefferson County, dated December 12, 1996 and recorded under County
Clerics File No 96 9538512 of the Official Pubic Records of Reat Property of Jefferson
County. Texas, the said corner being an ulterior angle point corner in the
seuthwestetty
pD" nght-ofrwaY line of Texas State Highway Spur 93,and the said TxDOT Type 1 Monument
found for corner being East(Assumed eases of Bearings-called South 89°37'00"Fast)
eD along
iefianad�e��sard� a thech traot
eD and north line south
t h referred to as the tract,which said
Ward bad is designated"TRACT No.19-C"and is described in the hec+etrnbefone referenced
instrument recorded In Volume 692, Page 22 of the Deed Records of Jefferson County,
"§)
Texas,and which said TRACT NO.19-C Is indicated on the heretnbefore referenced plat of
record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas, a total
distance of 5,430.99 feet(called 5,431.07 feet)from a 518" iron red With a yetiew cap
stamped'12PLS 3636'found for reference;
THENCE West(called North 89°37 00"West)along end with the said south tine of
the PAEDC tract,north line of the Parcel 32 tract and north line efthe Ward trail,passing at
a distance of 16 92 feet(celled 16.92 feet)a 5f8"iron rod found for the most northerly
northwest corner of the said Parcel 32 tract the said corner being an exterior angle point
corner in the said southwesterly right-of-way line of Texas State Highway Spur 93. and
passing at a distance of 4,938.57 feet(called 4,838 91 beet)a Sf8'won rod with a yeicw cep
stamped "RPLS 3636"found for reference at the southeast comer of that certain tract of
SO
O lard herein referred to as the'TRACT 196-A"tract which said TRACT196 si tract
designated and is described in that certain instrument ( "RIGHT-OF-WAY
O ASEMZM'")from Di Vernon McFaddln Kibodasux,formerly Di Vernon Mcfaddin Cutts,
loured therein by her husband.Oren J.Krbodesux to Jeffemon County Drainage District No.
c 7 dated January 4, 1965 and recorded In Volume 1531,Page 123 of the Dead Records of
Jefferson County Texas, and passing at a distance of 5,430 99 feet(celled 6,431.07 feat)
the hereirrbefare said 518" iron rod with a yellow cap stamped 'RPLS 3636' fond for
C"7 reference at the southwest comer of the said TRACT 196A tract,and continuing(West)
Fr along and wrttt the said south line of the PAEDC tract and north line of the Ward tract,a total
distance of 5,545 27 feet(called 5,545.35 feet)to a point for the southwest comer of the said
tract harem described,the said corner being the southeast comer of the said PAEDC trail,
= end the sad corner also being the northwest corner of the sad Ward tract and the said
corner being in the easterly line of that oertairh tract of land herein referred to es the"TRACT
A" tract which said TRACT A tract is so designated and is described in that certain
fD instrument from Doffing leaver, et al to Jefferson County Drainage District No, 7 dated
re- November 22, 1971 arid recorded In Volume 1727, Page 481 of the Deed Records of
Gi Jefferson County.Texas.and the said corner being in the centerline of Rhodherc Gully,
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fD
al THENCE North 12°IT 39-West(called North 11°54'13"West)along and with the
tri westerly line of the sad PAEDC tract,the said easterly line of the TRACT A bait and said
0 centerline of Rhodair Gully,a distance of 724.96 feet(celled 724 92 feet)to a point for the
n most westerly northwest oorner of the sad tract herein described,the said corner being the
most westerly northwest corner of the said PAEDC tract,and the sad corner also being the
most southerly comer of that certain tract of land herein referred to es the"J.L.C.McFaddIrt"
Zr bast,which said J I.C.McFadden tract is designated'TRACT NO.12-C"and is described in
r'G- the herelnbefaa referenced tnslryment recorded In Volume 692, Page 22 of the Deed
NO 12-C is indicated on the
g Records of Jefferson ed County,of r��xas,and Whims 8, Page 1 0 of the Map Records of
hsrelnbeforo referenced plat
Jefferson County.Texas;
TI-IENCE North 39°67'00'East(called North 40°20'00"East)along and with the
N most westerly northwest line of the said PAEDC tract and most southerly southeast line of
3 the said JLC.McFddin tract,passing at a distance of 132.53 feet(called 132.53 feet)a
re 5►8'hen rod with a yellow cap stamped"RPLS 3936'found for reference at the northwest
r+ corner of the herernbefore said TRACT 196-A trail,and passing at a distance of 738.10 feet
6? (called 735.85 feet) a 518" non rod with a red plastic cap stamped "S&P INC" set for
reference at the northeast corner of the said TRACT 196-A tract(and which said 518"iron
•C rod with a red plastic cap set for reference is North 37°68'15'West a distance of 0.39 feet
from a 5/8" con rod with a yellow cap stamped"RPLS 3636"found for reference),and
of
coNotth ntinuing
Ease)aiong and Oh the ftJost d�aeAEDC and m southerly southeastline of I. McF dl t
distance of 3,925.49 feet(called 3,925.61 feet)to a'I"hon rod found for the most northerly
corner of the said tract herein described,the sad corner being the most northerly corner of
the said PAEDC tract,and the said corner also bung the most westerly comer ofthat c slam
tract of land herein referred to as the"8arnette- 1483/177" tract,which said Berret
ta
deserted 1483/177 tract VS in that certain instrument from Gulf Refining Company to
K.
Barnette,Jr dated October 24, 1966 and recorded In Volume 1483,Page 177 of the Deed
Records of Jefferson County.Texas,
THENCE South 49°46'oT East(called South 49°23'24'East)along and with the
most northerly northeast Line of said PAEDC tract and southwesterly fine of the said
6 Bartnette-1463/177 bad,a distance of 1,317 60 feet(called 1,317.54 feet)to a IViron rod
G found for an interior corner of the sad tract herein described, the said corner being an
M Intenor corner of the said PAEDC tract,and the said corner also berm the most southerly
NZ comer of the said Barnette•1483/177 trac
n THENCE North 40°07'513 East(called North 40"33'04'East)along end with the
[a moat easterly northwest tine of the sand PAEDC tract and southeasterly line of the said
R. Barnette- 1463/177 tract,a distance of 15195 feet(called 151.86 feet)to a 5/8"iron rod
with a yellow cap stamped'RPLS 3636"found for the moat easterly northwest corner of the
(rD said tract harem described,the said corner being the most easterly northwest corner of the
said PAEDC tract,and the said corner also being the most westerly corner of that certain
(D tract of land herein referred to as the"Barnette- 1483/176° tract. which said Barnette-
r+ 1483/176 tract is descnbed in that certain instrument from Di Vernon MoFaddh Cords
^ pined therein by her husband,Edwin G.Conte to N K Barnette,Jr.dated October 11,1866
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eir and receded to Volume 1483,Page 176 of the peed Records>.. found for County,SOn r Texas,
exas,
and the said 5/8•iron rod with a yeilowSou capstamped4" along with the said
g South 40° 11' 19" West (called South 40° 33' West) line of and said Barnette said
southeasterly line of the Barnette-1483/1TT bad,rherein�e�
R 14831176 tract and tsoutheasterly line of that cerlam tract of land to as the
°LNVA but, wtidi said LNVA tract is described at that
acertain
rrAp 8.1stru and__tfrom
recorded Gulf
n
M Refining Company to the Lower Neches Valley Authority dated
Volume 1878,Page 290 of the Deed Records of Jefferson County,Texas,a total distance of
n 499.44 feet(called 500 0D feet)from a 5/8"non rod found for the most st en northerlym�the
r of
the said Barnette-1483/176 tract,the said corner also being htthe
Fir said LNVA tract,and the said corner being in the herarnbefore said southwesterly rfg
1-4way line of Taxes State Highway Spur 93,
THENCE South 83°44'08-East(calved South 83°21'35"East)along and with the
3 most easterly north tine of the said PAEOC tract and southerly late of the said Barnette-
CD 1483/176 tract,a distance of 557.12 feet(wiled 55712 feet)to a 5/8"iron rod found for the
rr most northerly northeast corner of the said tract herein described,the said corner being the
o most northerly northeast corner of the said PAEDC tract,and the said corner also being the
,0 most northerly northwest comer of the herernbefore said Parcel 31 tract,and the Bald comer
-< being in the said southwesterly rightiofway line of Texas State Highway Spur 93,and the
said 6/8"iron rod found for corner being South 27°38'i4'East(called South 27°11'44"
East)along and with the said southdresterly right-of-way line of Texas State Highway Spur
93, .58 feel)from the herembefore said 518*iron rod
found
ad drsrtsnce tp. ofo 499.28 northerly coeet rner of tcalted he Barnette-1483/176 tract and most easterly corner
of the LoNVA tied:
THENCE South 27°30'14"East(called South 27°07'03°East)along and with the
most easterly northeast line of the said PAEDC tract,southwesterly line of the said Parcel
31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93,a total
4' distance of 3,294.33 feet(caged 3,294 40 feet)to the Pont of Beginning and
Containing 297.980 acres(celled 297.9732 acres)of land,more or less
Prepared by
Schaumburg&Polk,Inc
B James Verret.
nRegtatoredProfeaetoual Land S►uveyoi No i1B1
R• GERM PLIC
s KATE LEVERETT
03V. 3 P.O. BOX 4915
BEAUMONT r TX 77704
FILED AND RECORDED
Page 13 of 13 OFFICIAL PUBLIC RECORDS
e4400. ae,ftiotr
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
June 23, 2016 03:40:54 PM
FEE: $50.00 2@160