HomeMy WebLinkAboutPR 24435: EDC AND MID-COUNTY PLAZA, LLC. FOR THE SALE OF 1.22 ACRES OF PROPERTY IN THE SPUR 93 BUSINESS PARK PORT*ARTHUR
ECONOMIC DEVELOPMENT CORPORATIO\
MEMORANDUM
Date: July 14, 2025
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 24435 I Regarding the Purchase Agreement between the Port Arthur Economic
Development Corporation and Mid-County Plaza, LLC. for the sale of 1.22 acres of
property in the Spur 93 Business Park
Introduction:
The intent of this Agenda Item is to seek the City of Port Arthur Council's consideration and
approval of a Purchase Agreement with Mid-County Plaza, LLC. for the sale of 1.22 acres of
property in the Spur 93 Business Park.
Background:
Per Resolution 24-456, the City Council of the City of Port Arthur(the"City Council") approved
the Port Arthur Economic Development Corporation(the"PAEDC")to sale approximately five
(5) acres of land in the PAEDC Spur 93 Business Park(the"Business Park")to Mid-County
P1am, LLC ("Mid-County Plaza"). Mid-County Plaza is requesting an additional 1.22 acres of
land adjacent to the original five(5) acres purchased to accommodate their development project.
Budget Impact:
$75,762.00 Revenue
Recommendation:
It is recommended that the City Council approve the Purchase Agreement with Mid-County
Plaza, LLC. for the sale of 1.22 acres of property in the Spur 93 Business Park.
P. R. No. 24435
7/14/2025
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PORT ARTHUR
ECONOMIC DEVELOPMENT CORPORATION TO ENTER
INTO A REAL ESTATE SALES AGREEMENT WITH MID-
COUNTY PLAZA, LLC. FOR THE SALE OF
APPROXIMATELY 1.22 ACRES OF LAND AT THE
CORNER OF KERRY "TWIN" THOMAS DRIVE AND
ELDRIDGE DRIVE IN THE SPUR 93 BUSINESS PARK
WHEREAS,per Resolution 24-456,the City Council of the City of Port Arthur(the"City
Council") approved the Port Arthur Economic Development Corporation (the "PAEDC") to sale
approximately five (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 requesting an additional 1.22 acres of land adjacent to
the original five(5) acres purchased to accommodate their development project; and
WHEREAS,at its Regular Board Meeting of July 7,2025,the PAEDC Board of Directors
approved the sale of 1.22 acres of land in the Business Park to Mid-County Plaza pursuant to the
Real Estate Sales Agreement attached hereto as Exhibit "A"; and
WHEREAS, Mid-County Plaza has reviewed and agreed to the terms of the Real Estate
Sales Agreement; and
WHEREAS, per Resolution 21-106, the City Council has set the price per acre in the
Business Park at $62,100.00; and
WHEREAS, Mid-County Plaza's total purchase price for the 1.22 acres of land in the
Business Park is $75,762.00 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,TEXAS:
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 1.22 acres of land in the Spur 93 Business Park pursuant to the Real Estate Sales
Agreement with Mid-County Plaza, LLC for $75,762.00, in substantially the same form as
attached hereto as Exhibit "A".
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., 2025,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
•
NOES:
Charlotte M. Moses, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
1-4=='
Terry Stokes, PAEDC CEO
41155970 Page 2
APPROVED AS TO FORM:
Charles Zech, PAEDC Attorney
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
)---)ice,
&LW/ dam.G'
Lyn a Boswell, Finance Director
#1155970 Page 3
Exhibit "A"
•
PORT*ARTHUR
tIMAII( It'I i OPME4TCORPORATIO%
REAL ESTATE SALES AGREEMENT
This Real Estate Sales Agreement ("Agreement") is entered into between the Port Arthur
Economic Development Corporation ("Seller") and Mid-County Plaza, LLC, ("Buyer")
(collectively, the "Parties"), and is effective on the date of the last of signatures by Seller and
Buyer and by the Title Company as escrow agent as defined below to acknowledge receipt of the
Contract and the Earnest Money in good funds (the"Effective Date").
PURCHASE AND SALE OF PROPERTY
A. Seller is the owner of certain real property consisting of approximately 1.22 acres
out of that tract of real property known as Block 11, Tract 1, Port Arthur Economic Development
Corporation Business Park, and as more particularly depicted in Exhibit"A" (the"Property").
B. Subject to the terms of this Agreement, Seller agrees to sell and convey to Buyer,
and Buyer agrees to buy and pay Seller for the Property; but expressly excluding the mineral
interests, which shall be reserved by Seller as provided in the instrument of conveyance
applicable to this transaction, and subject to the terms and conditions contained herein and
incorporated by reference herein as if fully set forth.
NOW, THEREFORE, in consideration of the promises contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties hereto agree as follows:
ARTICLE 1
PURCHASE PRICE
1.1 Purchase Price and Payment. The purchase price is $75,762.00, reflecting
$62,100.00 per acre(the "Purchase Price").
1.2 Deposit of Earnest Money. Within five days of the Effective Date, Buyer shall
deposit earnest money in good funds in the amount of$4000 (the "Earnest Money") with Texas
Regional Title, 7980 Anchor Drive, Building 800, Port Arthur, Texas 77642 (the "Escrow
Holder" or "Title Company"). Buyer may direct Title Company to deposit the Earnest Money
into an interest-bearing account. The Earnest Money, together with any interest earned thereon,
shall be applied as a credit against the Purchase Price at Closing(as defined below).
1.4 Refund of Earnest Money. The Earnest Money shall be fully refundable to
Buyer if Seller breaches or defaults in the performance of any of its obligations under this
Agreement, or if Buyer elects to terminate this Agreement pursuant to any provision set forth
herein.
Page 1 of 19
1.5 Closing Transaction. Consummation of the sale provided herein (the"Closing")
shall take place on the Closing Date (as herein defined) through the Escrow Holder at its offices
or at such other place Seller and Buyer mutually agree in writing. At or prior to the Closing Date,
each of the parties shall execute and deliver such documents and perform such acts as are
provided for in this Agreement or as are necessary to consummate the Closing.
1.6 Escrow Instructions. Seller and Buyer shall deliver to the Escrow Holder an
executed copy of this Agreement and such additional escrow instructions to Escrow Holder as
each party deems appropriate or as Escrow Holder may reasonably require, provided that such
instructions are consistent with this Agreement (the "Escrow Instructions"). No Escrow
Instruction shall excuse any performance by either Buyer or Seller at the times provided in this
Agreement, extend the Closing Date provided for in this Agreement, or provide either Buyer or
Seller with any grace period not provided in this Agreement; and any Escrow Instruction to the
contrary shall be considered of no force and effect.
ARTICLE 2
PRE-CLOSING MATTERS
2.1 Delivery of Due Diligence Materials. On or before fifteen days following the
Effective Date, Seller shall deliver to Buyer the following documents (the "Due Diligence
Materials") to the extent such materials are in Seller's possession or subject to Seller's reasonable
control and to the extent such materials relate to the Property or any improvements thereon:
plans and specifications; land survey(s); all structural, seismic, soils, engineering and geological
investigations and reports; all environmental investigations and reports; reciprocal easement
agreement(s); covenants, conditions, and restrictions; any leases, licenses or occupancy
agreements (with any amendments) and all agreements (including, but not limited to, service and
maintenance agreements) relating to the operation, use and maintenance of the Property.
2.2 Survey. On or before 30 days from the Effective Date, Buyer shall obtain and
cause to be delivered to both the Escrow Holder and the Seller a current and updated Category
1A, Condition II survey of the Property, with Exhibit "A" being conformed hereto, and which
survey shall be prepared by a Texas licensed professional land surveyor and be certified to Seller
and Buyer, and which shall include a metes and bounds legal description of the Property, a
calculation of the land area of the Property (together with the number of square feet of area
contained therein), and the area, dimensions and locations of all recorded easements affecting or
benefiting the Property (the"Survey").
2.3 Title Commitment. Within 15 days from the Effective Date, Buyer shall have
the right, prior to the expiration of the Feasibility Period (defined below) to obtain a current
(Form T-7) title commitment ("Title Commitment") from the Title Company for issuance to
Buyer of a standard Texas form (Form T-1) Owner's Policy of Title Insurance in the amount
calculated at the current rate as promulgated by the Texas Department of Insurance (the "Title
Policy"). Buyer shall have until 30 days from the Effective Date (the "Title Review Period") to
object in writing to any exceptions stated in the Title Commitment. In the event that Buyer shall
so object to any exceptions, Seller shall have ten days from its receipt of such written objections
(the "Response Deadline") within which to resolve or eliminate such exceptions or to notify
Buyer in writing of its inability or unwillingness to remove such exceptions. In the event Seller
shall so notify Buyer of its inability to unwillingness to resolve or eliminate such exceptions
prior to the Response Deadline, Buyer, by written notice to Seller, may do one of the following:
(i) terminate this Agreement and be released from all duties and obligations hereunder and the
2
Earnest Money shall be returned to the Buyer; or(ii)waive such exceptions and proceed with the
transaction contemplated herein. Any exceptions listed in the Title Commitment to which Buyer
shall not object prior to the expiration of the Title Review Period (or which Buyer shall have
approved or waived affirmatively) shall be deemed to be"Permitted Exceptions."
2.4 Right of Entry and Indemnification. From the Effective Date until the end of
the Feasibility Period, Seller grants Buyer and its agents permission to enter upon the Property,
for the purpose of making such surveys, and non-invasive tests and examinations (collectively
"Tests"). In the event Buyer and its representatives find it necessary, based on the results of
initial examinations and testing, that Buyer deems it reasonably necessary to conduct invasive
Tests (including test borings or to remove samples of materials), Buyer may undertake such
Tests provided that (1) Buyer notifies Seller with at least 72 hours' notice so Seller may be
present during such testing, if Seller so chooses; (2) in the event Buyer terminates this
Agreement and fails to close the purchase of the Property, Buyer shall repair at its cost any
damage to any of the Property resulting from the Tests; and (3) Buyer shall indemnify, defend
and hold Seller harmless from (i) any and all liabilities, claims, damages and expenses (including
attorneys' fees, court costs, and costs of investigation) arising out of or in connection with the
Tests or the entry unto the Property by Buyer or its agents and (ii) any mechanics' liens on the
Property arising from the Tests. Seller shall in no way be liable to Buyer for any existing damage
or previous damage on the Property as of the Effective Date. The rights afforded by this Section
2.4(2)and (3) shall survive termination of this Agreement.
2.5 Feasibility Period. In addition to the matters covered in Section 2 above and
Section 3 below and any other termination rights granted herein, Buyer shall have the right to
terminate this Agreement for any reason within 60 days from the Effective Date (the "Feasibility
Period"). The right to terminate during the Feasibility Period shall inure exclusively to Buyer and
Buyer may, at its sole option, waive its right to terminate this Agreement prior to the expiration
of the Feasibility Period by providing a written notice to Seller. [Buyer, at its sole option, shall
also have the right to extend the Feasibility Period for two (2) additional periods of 30 days each,
provided written notice of such election is delivered by Buyer to Seller prior to the expiration of
the Feasibility Period.
2.6 PROPERTY CONDITION. NOTWITHSTANDING ANY OTHER
PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, BUYER ACKNOWLEDGES
AND AGREES THAT SELLER MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
HABITABILITY, AND SUITABILITY AND FITNESS FOR INTENDED PURPOSE, WITH
RESPECT TO ANY ASPECT OF THE PROPERTY. BUYER IS PURCHASING THE
PROPERTY STRICTLY IN "AS IS" "WHERE AS" CONDITION, AND BUYER ACCEPTS
AND AGREES TO BEAR ALL RISKS REGARDING ALL ATTRIBUTES AND
CONDITIONS, LATENT OR OTHERWISE, OF THE PROPERTY. BUYER HAS MADE OR
WILL MAKE PRIOR TO THE CLOSING ITS OWN INSPECTION AND INVESTIGATION
OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ITS SUBSURFACE, SOIL,
ENGINEERING AND OTHER CONDITIONS AND REQUIREMENTS, WHETHER THERE
ARE ANY EMINENT DOMAIN OR OTHER PUBLIC OR QUASI-PUBLIC TAKINGS OF
THE PROPERTY CONTEMPLATED,AND ALL ZONING AND REGULATORY MATTERS
PERTINENT TO THE PROPERTY AND TO THE PRESENT USE OR OCCUPANCY OF
THE PROPERTY. BUYER IS ENTERING INTO THIS AGREEMENT AND PURCHASING
THE PROPERTY BASED UPON ITS OWN INSPECTION AND INVESTIGATION AND
NOT IN RELIANCE ON ANY STATEMENT, REPRESENTATION, INDUCEMENT OR
3
AGREEMENT OF SELLER EXCEPT AS SPECIFICALLY PROVIDED HEREIN. BUYER
AGREES THAT NEITHER SELLER NOR ANYONE ACTING ON BEHALF OF SELLER
HAS MADE ANY REPRESENTATION, GUARANTEE OR WARRANTY WHATSOEVER,
EITHER WRITTEN OR ORAL, CONCERNING THE PROPERTY EXCEPT AS
SPECIFICALLY SET FORTH HEREIN, IN THE INCENTIVE AGREEMENT OR THE
DOCUMENTS DELIVERED BY SELLER AT CLOSING. ANY ENGINEERING DATA,
SOILS REPORTS, OR OTHER INFORMATION THAT SELLER OR ANY OTHER PARTY
MAY HAVE DELIVERED TO BUYER IS FURNISHED WITHOUT ANY
REPRESENTATION OR WARRANTY WHATSOEVER. SELLER SHALL HAVE NO
RESPONSIBILITY, LIABILITY OR OBLIGATION SUBSEQUENT TO THE CLOSING
WITH RESPECT TO ANY CONDITIONS, INCLUDING, WITHOUT LIMITATION,
ENVIRONMENTAL CONDITIONS, OR AS TO ANY OTHER MATTERS WHATSOEVER
RESPECTING IN ANY WAY THE PROPERTY, AND BUYER HEREBY RELEASES
SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WITH RESPECT TO
SUCH CONDITIONS, EXCEPT FOR ANY MATTERS OF FRAUD OR KNOWING
MISREPRESENTATION.
2.6 Covenants and Restrictions.
2.6.1 Prior to Closing, Buyer will have reviewed all requirements of the City of
Port Arthur, Texas for construction standards required for improvements on the Property,
including but not limited to those relating to compliance with the Americans with Disabilities
Act and improvements related thereto.
2.6.2 The Property being purchased by Buyer is subject to Covenants and
Restrictions, as may be amended, and recorded in the Official Public Records of Jefferson
County, Texas. THE RESTRICTIONS LIMIT THE BUYER'S USE OF THE
PROPERTY. Buyer shall, prior to Closing, provide Seller with written information
describing in reasonable detail the intended use of the Property (the "Intended Use") and
shall affirm in writing that such Intended Use complies with all Covenants and Restrictions
applicable to the Property. Seller may submit Buyer's Intended Use to Seller's Board of
Directors if necessary to determine compliance with the Covenants and Restrictions. Buyer
shall not materially change the Intended Use of the Property without first providing Seller
with written notice of such proposed change, including a description of the new or modified
use (the "Proposed Use"), in sufficient detail to allow Seller to evaluate its compliance with
the applicable Covenants and Restrictions. Upon receipt of such notice, Seller shall review
the Proposed Use and, if necessary, refer the matter to its Board of Directors, if Seller
determines in its sole discretion that board review is necessary to assess compliance with
the Covenants and Restrictions. Nothing in this Section shall be construed to grant Seller
approval rights over Buyer's use of the Property beyond the scope of verifying compliance
with the Covenants and Restrictions.
2.6.3 Buyer acknowledges the requirement to develop facilities (buildings
for user occupancy) within 18 months of Closing, and for the Intended Use or Proposed
Use, as applicable. If Buyer purchases the Property and construction has not been
completed in the period specified,or if construction is not commensurate with the Intended
Use or Proposed Use (as applicable), Seller shall have the option to repurchase the
Property on the terms set forth in the Covenants and Restrictions,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.
4
Exercise of the option will be by formal action of the Board of Directors of Seller and delivery of
written notice of exercise of the option shall be the cause of an immediate halt to any actions to
develop the Property. Seller remedies for breaches of the Covenants and Restrictions survive
Closing. Buyer also understands and acknowledges that the Property is subject to annual
assessments which, as of the date of this Contract, amount to $500 per acre per year, and payable
on or before December 31" of each year. Other assessments may apply. Seller has the right to
amend such assessments as provided in the Covenants and Restrictions. See Exhibit`B"attached
hereto and made a part hereof by reference.
2.7 Deposit Non-Refundable. Upon satisfaction of all of the conditions described
elsewhere in Article 2 and below in Article 3.5 of this Agreement, Buyer's Earnest Money
deposit shall become non-refundable (except as specifically set forth in this Agreement or in the
event of a Seller default) and applicable to the Purchase Price.
ARTICLE 3
CLOSING CONDITIONS
The obligation of Buyer to purchase the Property is subject to the satisfaction or waiver
by Buyer of the conditions set forth below,which conditions are for the sole benefit of Buyer and
which may be waived, in whole or in part, by Buyer:
3.1 Title. On or promptly after the Closing Date, the Title Company shall issue to
Buyer or Buyer's assignee the Title Policy insuring Buyer in the amount calculated at the rate set
forth in Article 2.3 above that fee simple title of the surface only to the Property is vested in
Buyer, together with such endorsements as Buyer may reasonably require and subject only to (i)
liens for then-current real property taxes, bonds and assessments not delinquent, (ii) the
Permitted Exceptions, (iii)any other matters to which Buyer shall agree in writing.
3.2 Assignment. At the Closing, Seller shall assign to Buyer all of Seller's right, title
and interest in and to any contracts, permits and warranties specifically identified and relating to
the Property which Buyer wishes to assume pursuant to an Assignment of Contracts, Permits and
Warranties in the form attached hereto as Exhibit `B" (the"Assignment").
3.3 Governmental Approvals. Buyer shall be obligated to proceed to Closing only
after obtaining all necessary governmental approvals, including but not limited to the proper
zoning for the Facility, legal lot status (final plat), any required conditional or special use
permits, and all required building permits for the Facility. Seller agrees, upon Buyer's request, to
cooperate with Buyer in connection with Buyer's efforts to secure such approvals, provided any
such requested cooperation is reasonable under the circumstances.
3.4 Subdivision. If the Property is not currently legally subdivided in a manner
sufficient to permit the conveyance of the Property or the development of the Facility, Buyer's
obligation to close shall be subject to obtaining a Final Plat or Replat of the Property which is
acceptable to Buyer and the governing authority with jurisdiction. Seller agrees to cooperate
with Buyer in all reasonable respects in obtaining Final Plat or Replat approval for the Property,
and in recording the Final Plat or Replat. All costs of the platting process will be borne by Buyer.
3.5 Condition of Property. There shall have been, by Closing, no material adverse
change in the condition of the Property from the dates of the inspections conducted in
satisfaction of the conditions of this Agreement, or in the building, subdivision, or other laws,
5
ordinances, rules, or regulations applicable to the Property from the date of satisfaction of the
conditions set forth herein until Closing.
ARTICLE 4
CLOSING
4.1 Escrow. The purchase and sale transaction contemplated by this Agreement shall
be consummated through the Escrow process with the Escrow Holder.
4.2 Closing Date. The Closing Date shall be on or before the fifteenth business day
following the expiration of the Feasibility Period.
4.3 Escrow Instructions. The parties hereby instruct Escrow Holder to open and
complete Escrow and Closing in accordance with the Escrow Instructions. Buyer and Seller shall
deposit with Escrow Holder in a timely fashion all funds, documents, supplemental instructions
and instruments necessary to consummate the transactions contemplated by this Agreement prior
to the Closing Date.
4.4 Closing Deliveries. At the Closing the following, which are mutually concurrent
conditions, shall occur:
4.4.1 Buyer, at its expense, shall deliver or cause to be delivered to the Escrow
Holder and Title Company the following:
(a) the Purchase Price, subject to the Earnest Money deposit(s) and
adjustments and prorations as provided herein, in funds available
for immediate value in Seller's accounts;
(b) evidence satisfactory to Title Company that the person(s)
executing the closing documents on behalf of Buyer have full
right,power,and authority to do so;
(c) a fully-executed counterpart of any economic development
performance agreement negotiated and agreed to between Buyer
and Seller;and
(d) such other documents as may be reasonably requested by the Title
Company in accordance with this Agreement, or as are customarily
executed in the county in which the Property is located to
effectuate the conveyance of property similar to the Property.
4.4.2 Seller, at its expense, shall deliver or cause to be delivered to Buyer the
following:
(a) a special warranty deed substantially in the form attached hereto as
Exhibit "C" (the "Deed"), fully executed and acknowledged by
Seller, and otherwise in recordable form as provided in Section
5.1;
(b) evidence of authority of Seller to enter into this transaction;
6
(c) documentation satisfactory to Buyer and Title Company that the
person(s) executing and delivering the closing documents on
behalf of Seller have full right,power and authority to do so;
(c) a certificate meeting the requirements of Section 1445 of the
Internal Revenue Code of 1986, executed and sworn to by Seller;
(d) a fully-executed counterpart of of any economic development
performance agreement negotiated and agreed to between Buyer
and Seller;and
(g) such other documents as may be reasonably required by the Title
Company in accordance with this Agreement.
4.5 Closing Costs and Charges.
4.5.1 Seller's Costs. Seller will pay one-half of the escrow fee; the costs to
prepare the deed; the costs to obtain, deliver, and record releases of any liens required to be
released in connection with the sale; the costs to record documents to cure Title Objections
agreed or required to be cured by Seller and to resolve matters shown in Schedule C of the Title
Commitment; the costs to provide certificates or reports of ad valorem taxes; the costs to deliver
copies of the instruments described in paragraph C.5. and Seller's records; any other costs
expressly required to be paid by Seller in this Contract; and Seller's attorney's fees and expenses.
4.5.2 Buyer's Costs. Buyer will pay one-half of the escrow fee; the basic charge
for the Owner's Title Policy; the costs to obtain, deliver, and record all documents other than
those to be obtained or recorded at Seller's expense; the additional premium for the "survey/area
and boundary deletion" in the Title Policy, if the deletion is requested by Buyer, as well as the
cost of any other endorsements or modifications of the standard form of Owner's Title Policy
requested by Buyer; the costs of work required by Buyer to have the Survey reflect matters other
than those required under this Contract except changes required for curative purposes; the costs
to obtain financing of the Purchase Price, including the incremental premium costs of the loan
title policies and endorsements and deletions required by Buyer's lender, if any; any other costs
expressly required to be paid by Buyer in this Contract; and Buyer's attorney's fees and
expenses.
ARTICLE 5
TRANSFER OF TITLE AND POSSESSION
5.1 Deed. Seller shall convey to Buyer or to Buyer's assignee at the Closing, by
Special Warranty Deed, fee simple title to the Property, free and clear of any and all recorded
and unrecorded liens, claims, obligations, encumbrances, easements, leases, covenants,
restrictions and other matters affecting the Property and/or title thereto except only the Permitted
Exceptions, current real property taxes, bonds and assessments not yet due and payable, and any
other matters to which Buyer shall agree in writing.
5.2 Possession. Seller shall deliver possession of the Property to Buyer free and clear
of the occupancy or possessory rights of all others on the Closing Date.
ARTICLE 6
(Intentionally Left Blank)
7
Pr
ARTICLE 7
TERMINATION AND DAMAGES
7.1 Termination. Except as expressly prohibited in this Agreement, in the event of
any default in this Agreement by either of the parties hereto, the other party, in addition to any
right or remedy available hereunder, at law or in equity, shall have the right to terminate this
Agreement by written notice to the defaulting party and Escrow Agent. If any such termination
is the result of default hereunder by Seller, then the Earnest Money deposit and any interest
accrued thereon shall be returned to Buyer. If Buyer defaults hereunder, actual damages to Seller
will be difficult to calculate but Buyer and Seller agree that the amount of the Earnest Money
deposit designated above is a reasonable approximation thereof. Accordingly, if Buyer defaults,
Seller shall be entitled to terminate this Agreement and immediately upon such termination by
Seller, Escrow Agent shall pay to Seller the Earnest Money deposit, together with interest
thereon, and any other monies paid on behalf of Seller. Nothing contained in this Section shall
prevent Seller from enforcing Buyer's obligations and liabilities which survive termination of
this Agreement.
7.2 Condemnation and Casualty. If before the Closing, either party receives notice
of any condemnation or eminent domain proceeding, any proceeding in lieu of condemnation
being initiated against the Property, or the damage or destruction of all or a part of any
improvements located at the Property, the party receiving the notice shall promptly notify the
other party in writing of that fact. Buyer may elect to either proceed with the sale of the Property
or to terminate this Agreement within 30 days from the date that the notice is received. If Buyer
elects to proceed with the acquisition of the Property, then Buyer may, solely at its own
discretion, accelerate the Closing to any time prior to the Closing Date set forth hereinabove. If
Buyer proceeds with the purchase in accordance with the terms of this Agreement, all
condemnation and insurance proceeds shall be paid to Buyer. If any proceeds have not been
collected as of the Closing, then all rights to those proceeds shall be assigned to Buyer at the
Closing.
BUYER SELLER
7.5 Waiver. Excuse or waiver of the performance by the other party of any
obligation under this Agreement shall only be effective if evidenced by a written statement
signed by the party so excusing. No delay in exercising any right or remedy shall constitute a
waiver thereof, and no waiver by Seller or Buyer of the breach of any covenant of this
Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or
any other covenant or condition of this Agreement.
ARTICLE 8
MISCELLANEOUS
8.1 Merger. Except as otherwise expressly provided in this Agreement, the
representations, warranties and agreements of the parties contained or provided for in this
Agreement shall survive the close of Escrow and delivery of the Deed to Buyer.
8
8.2 Notices. Unless otherwise specifically provided herein, all notices, consents,
directions, approvals, instructions, requests and other communications required or permitted by
the terms hereof to be given to any person or entity shall be in writing, and any such notice shall
become effective five business days after being deposited in the mails, certified or registered,
with appropriate postage prepaid for first-class mail or, if delivered personally, by reputable
overnight courier service, or by facsimile transmission or electronic mail, when received, and
shall be directed to the address of such person or entity set forth below, or at such other address
as either party shall hereafter designate in writing and deliver to the other in accordance with the
provision of this paragraph:
Buyer at: Mid-County Plaza,LLC
do Henry LaBrie
P.O.Box 22217
Beaumont,Texas 77720
E-mail: leigh365 cni labrie.life
With a copy to:
Telephone:
E-mail:
With a copy to:
Telephone:
E-mail:
Seller at: Terry Stokes,CEO
Port Arthur Economic Development Corp.
501 Procter Street
Port Arthur,TX 77640
Telephone: (409)963-0579
Facsimile: (409) 962-4445
E-mail: tstokes@paedc.com
Allison Bastian-Rodriguez,Attorney
Joselin Jimenez,Paralegal
Denton Navarro Rodriguez Bernal Santee& Zech,PC
701 E. Harrison, Suite 100
Harlingen, Texas 78550
ab rod riguezia ram pagelaw.com
i iimeneznrampagelaw.com
Escrow Holder at: Texas Regional Title
7980 Anchor Drive,Building 800
Port Arthur,Texas 77642
9
Telephone: (409)861-7300
Facsimile: (409) 727-8386
E-mail:
8.3 Authority and Execution. Each person executing this Agreement on behalf of a
party represents and warrants that such person is duly and validly authorized to do so, has full
right and authority to enter into this Agreement and all of its obligations hereunder.
8.4 Severability. The invalidity or unenforceability of any term or provision of this
Agreement or the nonapplication of any such term or provision to any person or circumstance
shall not impair or affect the remainder of this Agreement, and the remaining terms and
provisions hereof shall not be invalidated but shall remain in full force and effect and shall be
construed as if such invalid, unenforceable, or nonapplicable provision were omitted.
8.5 Waiver or Modification. No waiver or modification of this Agreement or of any
covenant, condition, or limitation herein contained shall be valid unless in writing and duly
executed by the party to be charged therewith. No evidence of any waiver or modification shall
be offered or received in evidence in any proceeding, arbitration, or litigation between the parties
arising out of or affecting this Agreement or the rights or obligations of any party hereunder,
unless such waiver or modification is in writing and duly executed as aforesaid. The provisions
of this Article 8.5 may not be waived except as herein set forth.
8.6 Headings. The headings of the various Articles of this Agreement are for
convenience of reference only and shall not modify, define or limit any of the terms or
provisions hereof or thereof.
8.7 Parties in Interest. The terms of this Agreement shall be binding upon, and
inure to the benefit of, the parties to this Agreement and their successors and assigns. Buyer
shall not assign its rights under this Agreement to any third party without the prior written
consent of Seller.
8.8 Counterparts. This Agreement may be executed by the parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute but one and the same instrument.
8.9 Broker Fees. Seller represents and warrants that it has not engaged any agent or
broker with respect to this transaction. Buyer may engage the services of a broker for this
transaction, but in no event shall Seller be liable for any broker fees.
8.10 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
8.11 Attorneys' Fees. In the event of any proceeding brought by either party to
enforce the terms of or arising out of this Agreement, the prevailing party shall be entitled to
recover all costs and expenses incurred in connection therewith, including reasonable attorneys'
fees.
8.12 Cooperation. Each party hereto will, upon the reasonable request of the other
party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered,
such further instruments and documents as may be reasonably necessary in order to fulfill the
intents and purposes of this Agreement.
10
8.13 IRC §1445. Buyer's performance hereunder is conditioned upon Seller providing
Buyer at close of escrow with all documentation required by Internal Revenue Code Section
1445 to assure Buyer that Seller is not a"foreign person" as that term is used in Section 1445, or
in the alternative, if Seller is a "foreign person," to assure that all steps have been taken so that
Buyer will not be liable for payment of any taxes due on the proceeds of the sale.
8.14 Entire Agreement. This Agreement constitutes and contains the entire
agreement of the parties with respect to the subject matter hereof and thereof,and supersedes any
and all other prior negotiations, correspondence, understandings and agreements respecting the
subject matter hereof and thereof. This Agreement is executed without reliance upon any
representation by any party hereto except as expressly set forth herein. This Agreement may not
be changed orally but only by an agreement in writing signed by the party against whom
enforcement of any waiver, change, modification, extension or discharge is sought.
8.17 Computation of Time. If the expiration date of any period of time for
performance hereunder falls on a Saturday, Sunday or legal holiday, then, in such event, the
expiration date of such period of time for performance shall be extended to the next business
day.
11
Pr
IN WITNESS WHEREOF,the parties hereto have executed this Agreement:
SELLER:
City of Port Arthur Economic Development Corporation
By: Date: , 20_
President
By: Date: ,20_
Secretary
BUYER:
Mid-County Plaza,LLC
By: Date: , 20_
ESCROW HOLDER:
Attn:
Telephone:
E-mail:
By: Date Received: , 20_
Title:
12
Exhibit"A"
Legal Description
13
7 cress
Commercial • Residential• Industrial
Surveyors, LLC Firm No. 10136400
June 13,2025
FIELD NOTE DESCRIPTION
1.22 Acres of Land
Amended Plat of Port Arthur Economic Development Corporation Business Park Subdivision
Jefferson County, Texas
BEING a 1.22 acre tract of land lying in Block 11,Amended Plat of Port Arthur Economic Development
Corporation Business Park Subdivision, recorded in County Clerk's File No. 2014038835, of the Official
Public Records of Jefferson County,Texas,said 1.22 acres being more particularly described as follows:
Note:All bearings are based on the Texas Coordinate System of 1983 (NAD83), South Central Zone.
BEGINNING at a capped rod found at the southeast corner of a 5.00 acre tract described in an instrument
to Mid County Plaza,LLC,recorded in County Clerk's File No.2025-7568,of said Official Public Records,
the northeast corner of a 2.00 acre tract described in an instrument to Mark and Christene Sonnier,recorded
in County Clerk's File No. 2013020503, of said Official Public Records, the northwest corner of a 2.00
acre tract described in an instrument to J2R Investment, LLC, recorded in County Clerk's File No.
2013018198,of said Official Public Records,and the southwest corner of the herein described tract;
THENCE North 03°25'17"West, along the east line of said 5.00 acre tract and the west line of the herein
described tract,a distance of 179.99'to an iron rod capped"Access"found for the northeast corner of said
5.00 acre tract, in the south right of way line of said Kerry "Twin" Thomas Drive, a 75' wide public
roadway,the north line of said Block 11,and the northwest corner of the herein described tract;
THENCE North 86°34'43"East,along the south right of way line of said Kerry"Twin"Thomas Drive,the
north line of said Block 11, and the north line of the herein described tract, a distance of 286.76' to a rod
capped"Access"found for the northerly cutback corner at the intersection of the south right of way line of
said Kerry "Twin" Thomas Drive and the west right of way line of Eldridge Drive, a 75' wide public
roadway,the most northerly northeast corner of the herein described tract and the beginning of a curve to
the left with a radius of 59.00' and chord of South 47°23'07"East,9.18';
THENCE Southeasterly, along said curve to the left, and said cutback line, an arc distance of 9.19' to an
iron rod capped"Access"found for an exterior corner of the herein described tract,and the beginning of a
curve to the right with a radius of 5.00' and chord of South 27°39'14"East,4.10';
THENCE Southeasterly,along said curve to the right,and said cutback line,an arc distance of 4.22' to an
iron rod capped"Access"found in the west right of way line of said Eldridge Drive, and an angle point in
the east line of the herein described tract;
THENCE South 03°27'30"East, along the west right of way line of said Eldridge Drive and the east line
of the herein described tract,a distance of 169.75'to a capped rod found at the northeast corner of said 2.00
acre tract,and the southeast corner of the herein described tract;
THENCE South 86°36'O1"West,along the north line of said 2.00 acre tract and the south line of the herein
described tract,a distance of 294.93' to the POINT AND PLACE OF BEGINNING,containing 1.22 acres
of land,more or less.
Page 1 of 2
11025 Old Voth Road,Beaumont,Texas 77713 Office: (409)838-6322
Email:rpls5163@aol.com Web: www.access-surveyors.com File:2025498_1.88 Acre Description_--
Kerry Twin Thomas Dr.,Port Arthur.Docx
E cress
►/ Commercial• Residential• Industrial
Surveyors, LLC Finn No. 10136400
A plat of even date accompanies this description(Access Surveyors project#2025498).
Page 2 of 2
11025 Old Voth Road, Beaumont,Texas 77713 Office: (409) 838-6322
Email: rp1s5163@aol.com Web: www.access-surveyors.com File:2025498_1.88 Acre Description_--
Kerry Twin Thomas Dr.,Port Arthur.Docx
I 0
P
n
•o
MID COUNTY PLAZA,LLC 1 w
CF 2025-7568,OPRJCT
J
MARK&CHRISTENE SONNIER 5.00 ACRES OUT OF BLOCK II d
2.00 ACRE TRACT PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION •o
CF 2013020503,OPRJCT BUSINESS PARK SUBDIVISION I ...
1 Z
N 03°25'17"W 179 99' I
o Io
P.O.B.
FOUND CAPPED ROD
J2R INVESTMENT,LLC
2.00 ACRE TRACT I q
CF 2013018198,OPRJCT
w E
s1
GENERAL NOTES: w1
I. THIS SURVEY WAS COMPLETED WITHOUT THE>-- Subject Property Q
-"B I a
ENEFIT OF A TITLE COMMITMENT,AND NOT ALL r. '
EASEMENTS, WHETHER OF RECORD OR NOT, 1.22 ACRES OUT OF BLOCK 11
WERE RESEARCHED AT THE TIME OF THIS w
SURVEY OR SHOWN HEREON. w
o_
2. ALL BEARINGS ARE GRID, BASED ON THE
TEXAS COORDINATE SYSTEM OF 1983(NAD83), o I .6 �,
SOUTH CENTRAL ZONE. o., 1 N nI w
3. SUBJECT PROPERTY LOCATED IN FLOOD 3 ;,>
ZONE: B, COMMUNITY PANEL NO. L -4
4854990025E,FIRM DATED:APRIL 17, 1984. -,moo ^ I
a
4. SUBJECT TO RESTRICTIONS RECORDED IN coo I z
2006003269, 2007017117, 2013002650, N
2014021739,6 2016019323,OPRJCT.
Y
5. A FIELD NOTE DESCRIPTION OF EVEN DATE II
ACCOMPANIES THIS PLAT. 1
6. THE SUBJECT 1.22 ACRE TRACT IS THE I
SAME "TRACT 4-A" AS SHOWN ON THE I
PROPOSED REPLAT OF A PORTION OF BLOCK II
INTO LOTS 2-A THROUGH 4-A, SUBMITTED TO
THE CITY OF PORT ARTHUR IN MARCH 2025.
THE BUYER HAS INFORMED THE SURVEYOR THAT I
THE CITY OF PORT ARTHUR HAS GRANTED AN I
EXCEPTION, VARIANCE, OR OTHERWISE
DETERMINED THAT REPLATTING IS NOT
REQUIRED. THIS PLAT HAS BEEN PREPARED ARC=4.22'
BASED ON THAT REPRESENTATION AND MAY NOT RAD=5.00'
CONFORM TO THE CITY'S SUBDIVISION
CHORD DATA: 1
REQUIREMENTS. S 27°39'14`E\ RAD=59.00'
ARC=9.19'
FOUND
S 03°27'30"E 295.24'�/� CAPPED ROD 4.10'
-FOUND 1/2"RoD <>�>�— S 03`27'30"E 169.75' CHORD DATA:
S 47°23'07'E
9.18'
LEGEND Eldridge Drive
(A 75' WIDE PUBLIC ROADWAY)
=CHAIN LINK FENCE
0 =FOUND IRON ROD CAPPED
"ACCESS",UNLESS SHOWN SCALE: l'_G5'
OTHERWISE HenryPREPARED EXCLUSIVELY FOR: H Labrie
I,SCOTT N. BRACKIN, TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6650, DO HEREBY CERTIFY THAT I HAVE MADE A SURVEY ON THE GROUND
OF THE PROPERTY SHOWN HEREON,AND THAT THE SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEY DATED: 6/16/2025
THE SUBJECT TRACT BEING LOCATED AT:--KERRY"TWIN"THOMAS DRIVE, PORT ARTHUR, TEXAS 77640
AND BEING DESCRIBED AS: A 1.22 ACRE TRACT OUT OF BLOCK II, AMENDED PLAT OF PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION, RECORDED IN
COUNTY CLERK'S FILE No.: 2014038835 OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY,TEXAS.
f4ccess
. _ ;jOI,I,P,:��\STEjaF;f ICD;'Q' ;tP�
Surveyors LLC ' ' `
SCOTT N BRACKIN
Commercial- Industrial-Residential
11025 Old Voth Road — Beaumont, Texas 77713 ,� ''0 0 6650 d :�
Telephone (409) 838-6322 Facsimile 838-6122 9.v.-sS‘Q...0 I
WWW.ACCESS-SURVEYORS.COM 4 RPLS5163@AOL.COM •.�SUM'''-
. SCOTT N. B ACKIN
FILE:2025498 FIUM No. ,0,36400 TECHNIC/AV:4,ML REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6650
Exhibit "B"
Covenants and Restrictions
14
III IIIIIIII IIIIiI III IIIIIII.III1$I11i l III asT 2006003269
15 PGS
COVENANTS AND RESTRICTIONS
PORT ARTHUR BUSINESS PARK
11/30/05
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
business park.
CONDITIONS OF SALE
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. -
If the owner or lessee of property in the Business Park wishes to sell or assign the
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
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
to a third party, the owner or lessee shall obtain the approval of the PAEDC Board of Directors
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.
In such case, PAEDC shall have 90 days to notify the owner of its decision in regard to this
option.
Page 1 of 13
LEGAL DESCRIPTION
The Port Arthur Business Park includes all land as described in Appendix A,and on such
other property as approved by PAEDC.
TERMS AND DEFINITIONS
For the purposes of these covenants and restrictions, certain terms, phrases, words and
their derivatives shall have their meaning as specified in this section. Where terms are not
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
providing ordinary accepted meaning.
(I) Board. City of Port Arthur Section 4A Economic Development Corporation Board of
Directors.
(2) Building. Any structure built for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the
spread of fire,each portion so subdivided may be deemed a separate building.
(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 ground level,whichever is higher, to(1) the
highest point of the roofs surface if a flat surface; (2)to the deck line of mansard roofs;or(3) to
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
towers, ornamental cupolas,domes or spires and parapet walls not exceeding ten feet in height. If
the street grade has not been officially established,the average front yard shall be used for a base
level.
(6) Lot. Land occupied or to be occupied by a building and its accessory buildings, and
including such open spaces as are required under these covenants and restrictions and having its
principal frontage upon a public street or officially approved place.
(7) Occupancy. The use or intended use of the land or buildings by proprietors or tenants.
(8) Planning and zoning commission. The agency designated in the City Charter as the
planning commission and appointed by the city council as an advisory body to it and which is
authorized to recommend changes in the zoning ordinance.
(9) Parking lot or structure, commercial (motor vehicle). An area or structure devoted to the
parking or storage of motor vehicles. May include, in the case of a parking structure only, a
facility for servicing of motor vehicles provided such facility is primarily an internal function for
use only by motor vehicles occupying the structure and creates no special problems of ingress or
egress.
(10) Structure. Any structure built for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the
spread of fire, each portion so subdivided may be deemed a separate building.
Page 2 of 13
(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 the general ground level of the graded lot to
the sky, except as provided for roof overhang and similar features and for the usual trees and
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 minimum 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 building shall not
necessarily be determined by the primary access to the building or any unit therein.
(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
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
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.
REVIEW AND APPROVAL OF USES AND IMPROVEMENTS
All uses that occupy parcels and all facilities and improvements constructed in the park
(including all alterations and additions to the site and such facilities and improvements) shall be
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 uses and
improvements. In cases where specialized evaluations are deemed necessary, PAEDC may
require a fee to cover the cost of the services of consultants engaged to perform these
evaluations. No construction may be initiated upon any parcel in the Business Park until
• approval has been granted by PAEDC (and where required,by the City of Port Arthur). Failure •
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)
and the receipt of written confirmation of approval from a competent authority of these bodies.
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
specifications, and other such information as PAEDC and the City may request.
•
Page 3 of 13
PERMITTED OCCUPANCIES
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).
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.
Parcel 6, 10 — Warehouse, distribution, manufacturing, assembly and other approved
uses.
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
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
the restrictions previously established by the PAEDC in these Covenants and Restrictions or
subsequent amendments.
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 onsite 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 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
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.
•
Page 4 of 13
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
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
Arthur under the above provisions for Review and Approval of Uses and Improvements does not
relieve or mitigate in any way this separate duty of the user.
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
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
to complete the project, which may include letters of credit, and contractor's performance bonds
and payment bonds.
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
storage of vehicles, equipment or materials in areas other than approved outdoor storage is
prohibited. Areas shall be maintained free of trash, sediment,debris,and abandoned or unsightly
equipment.
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.
Only materials and equipment that are in active use at the site may be stored on site. Storage of
derelict or junked materials, equipment or vehicles onsite is prohibited.
Buildings and other structures shall be kept in an attractive condition. Exterior surfaces
shall be washed and painted as required to maintain a fresh appearance. Exterior materials that
deteriorate shall be replaced.
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.
In case of fire or damage from other causes, the owner or lessee shall restore the
improvements within nine(9)months unless granted an extension by PAEDC.
Page 5of13
INSURANCE
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
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.
ASSESSMENT
The lessees and private owners of the land in the Business Park shall pay assessments to
the PAEDC for the maintenance of the street signage and landscaping, the costs to enforce these
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.
Additional assessments, as determined by the PAEDC Board of Directors 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.
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.
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 writing 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
V.T.C.A.
Page 6 of 13
SITE DEVELOPMENT
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
the Business Park:
Category Rec uui relents
Set Backs Building Street Frontage 45 feet
Side and rear lot lines 15 feet
Paving Street Frontage 20 feet
Side and rear lot lines No requirement
Landscaping All non paved areas _Maintained lawns
Street Fronts e 1 treeper 100 feet of frontage—2 inch caliper
Paving Parking Automobile Concrete
Trucks and Trailers Concrete
Aprons and maneuvering areas Concrete
Access and Entry As approved by PAEDC
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
Axes front face of buildings
Area 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
Fencing Side and rear yards only
Visible from Street Decorative iron or as approved by PAEDC (no wood
fencesyermitted)
Side and rear Chain link or as approved by PAEDC (no wood fences
permitted)
Ancillary Structures and Equipment Constructed to meet applicable building standards
Tanks, trash receptacles and other equipment screened
from public view
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
high pressure sodium fixtures)
Lighting must be controlled to prevent glare as seen
from adjacent public ways and adjacent properties
Page 7 of 13
Drainage Surface drainage must be controlled within site
boundaries.
Discharge into drainage ways as approved by
responsible authorities.
Signage All signs must be approved by PAEDC
Maybe internally or externally illuminated
May not be animated
Site Mounted Signs Maximum of 6 feet in height
Base no more than 2 feet above ground
No closer then 10 feet to property line
Compatible with building color and materials
Integrated and compatible with landscaping
Building Mounted Signs Not painted on building
May not extend beyond building profile
Must be compatible is size, color and material with
building
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.
��. category
Exterior Materials Except for trim and accents,no wood will be permitted
Walls Facing Frontage and Public Ways Concrete or masonry
Walls Facing Side and Parcel 1, 2, 3, Concrete,masonry,or metal panels
Rear Yards 5,6,7,9, 10
Parcel 4, 8 Concrete or masonry
Roofing Materials Any roof surface that is exposed to public view must be approved
by PAEDC
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.
Bright accent or trim colors will be considered by the PAEDC.
Page 8 of 13
ENFORCEMENT OF COVENANTS AND RESTRICTIONS
Determination regarding the meaning, applicability 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.
Page 9 of 13
APPENDIX "A"
DESCRIPTION OF A
297.960 ACRE TRACT OR PARCEL OF LAND
OUT OF AND PART 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,SECTION NO.9,ABSTRACT NO. 242
JEFFERSON COUNTY, TEXAS
AUGUST 20, 2001
Ali that certain tract or parcel of land lying and being situated in Jefferson County,
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,
SECTION NO. 9,ABSTRACT NO. 242, and being parts of Blocks 14, 15 and 16, Range 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.C. McFaddin, as Trustees of the McFaddin Trust to J.L.C. McFaddin,
Di McFaddin Houk, Peny 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.C.
McFaddin,jointly, and Mamie McFaddin Ward,W.P.H. McFaddin,Jr., J.L.C. McFaddin, and
Camelia B. McFaddin and Di Vernon McFaddin Cordts,jointly,dated February 26, 1948 and
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.
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
said Cordts tract is described in that certain instrument from E.G. Cordts, Jr., Independent
Executor of the Estate of Di Vernon McFaddin Beriy 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
County, Texas, and the said tract herein described being that exact same certain tract of
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
Public Records of Real Property of Jefferson County, Texas, and the said tract herein
described being more particularly described 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 said tract herein
Page 10 of 13
described, the said corner being the southeast corner of the said PAEDC tract, and the said
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
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
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
County, Texas, the said corner being an interior angle point corner in the southwesterly
right-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument
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
Ward tract is designated"TRACT NO. 19-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. 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
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
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
designated and Is described in that certain instrument (titled "RIGHT-OF-WAY
EASEMENT") from Di Vernon McFaddin Kibodeaux, formerly Di Vernon McFaddin Gordis,
joined therein by her husband, Oren J. Kibodeaux to Jefferson County Drainage District 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 hereinbefore 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)
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
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 in that certain
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
Jefferson County,Texas, and the said corner being in the centerline of Rhodiar Gully;
Page 11 of 13
THENCE North 12° 17' 39"West(called North 11° 54' 13"West) along and with the
westerly line of the said PAEDC tract, the said easterly line of the TRACT A tract and said
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;
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
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 '/:"iron rod found for the most northerly
corner of the said tract herein described, the said corner being the most northely corner o"
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 "Bamette - 1483/177" tract, which said Bamette -
1483/177 tract is described in that certain instrument from Gulf Refining Company to N.K.
Bamette, Jr. dated October 24, 1966 and recorded in Volume 1483, Page 177 of the Deed
Records of Jefferson County, Texas;
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 '/z' 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 southerly
corner of the said Bamette- 1483/177 tract;
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
with a yellow cap stamped "RPLS 3636"found for the most easterly northwest corner of the
said tract herein described, the said corner being the most easterly northwest corner of the
said PAEDC tract, and the said corner also being the most westerly comer of that certain
tract of land herein referred to as the "Bamette - 1483/176" tract, which said Bamette -
1483/176 tract is described 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
Page 12 of 13
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
South 40° 11' 19" West (called South 40° 33' 04" West) along and with the said
southeasterly line of the Barnette - 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 April 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 corner 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 with the
most easterly north line of the said PAEDC tract and southerly line of the said Barnette -
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 corner of the said tract herein described, the said corner being the
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 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
31 tract and said southwesterly 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 Point of Beginning and
Containing 297.960 acres(called 297.9732 acres)of land, more or less.
Prepared by
Schaumburg&Polk,Inc.
E.James Verrett,
Registered Professional Land Surveyor No. 1781
Page 13 of 13
SIGNED and AGREED to on this the kg- day o ,
2006.
Eli Roberts, President
City of Port Arthur Section 4A Economic
Development Corporation
SWORN and SUBSCRIBED to on this the /01 day of ,
2006.
ik'
M. Barnes lit L . ��i Public `
'*: _ tate of Texas
,(......._
texas Jana =arnes
r
�, :xpires tkoy Notary Public
006 * * State of Texas
n.,
Commission Expires
August 26, 2006
SIGNED and AGREED to on this the . tkl day of { U -.,,
2006. 1 _
e°M)
Li da Spears, Sec e y
City of Port Arthur Section 4A Economic
Development Corporation
SWORN and SUBSCRIBED to on this the/1jg- day of ,
2006.
to Ja;, , ,,'l lames /A /, fi/t • Q41/14-
4) Nor r v PubiiC /v
* * State of r9xas No Public in and for the State of Texas
cell
\
%oriseCommission Expires
August 26, 2006
1 II IIINII IIIN II II III I I III III I IIM11II a"° 2007017117
16 PCS
/1)<<, '
AMENDMENT NO. 1 TO CFj`
COVENANTS AND RESTRICTIONS e4,1/9y
PORT ARTHUR BUSINESS PARK I
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 trees 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.
( fences, walls,
(3) Remaining and/or proposed site elements such as power poles,
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 skeet 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
Palm Sabal palmetto
Shumard Oak Quercus Shumardii
Slash Pine (back property only) Pinus Elliottii
Southern Red Oak Quercus falcata
z.pr14120 exhibit c
ISpruce Pine(back property only) I 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 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'
JJapanese Evergreen Oak Quercus glauca
IParsley Hawthorn Crataegus Marshallii
lRiver 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
..._ .._.......,.:. ..,a,..,,,._ ...,k..:.,,-.,,�t. .wa- -z� ,:.- n�:-. ..K,,a „rv• :r'rPV .S ' 'r+s-ta- W...r:� r•a
Camellia Sasanqua, upright Camellia Sasanqua
Chinese Holly Ilex cornuta'Rotunda'
Cleyera Temstoremia gymnanthera
Dwarf Burford Holly Ilex comuta'Burfordii Nana'
Dwarf Japanese Holly Ilex crenata'Compacta'
Dwarf Wax Myrtle Myrica pusilla
English Boxwood Buxus sempervirens
Fringe Flower Loropetalum chinense
IGardenia, Cape Jasmine Gardenia jasminoides
Glossy Abelia Abelia grandiflora
Indian Azalea I Rhododendron indica
Indian Hawthorn Raphiolepis indica
Nandina I Nandina domestica
Oleander DWARF Nerium Oleander
Red Tip Photinia Photinia glabra
Wax-leaf Ligustrum I Ligustrum japonicum
SIGNED and AGREED to on this the�_dayof k)Ed , 2007.
gi611'
Richard Wycoff, esid
City of Port Arthur Section 4A
Economic Development Corporation
z.pr14120 exhibit c
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 RAND AND SEAL OF OFFICE, this the day of
40Y•.. BRENDA C.VAVGH 7.
minwM,c MEN m►t 4unct& V IL
UNMtl�oo acme NOTARY PUBLIC, STA OF TEXAS
�00�
SIGNED and AGREED to on this the day of ,2007.
4A111-alf4r4"L
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 Dews, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ) day of
1. , A.D, 2007.
Gl '
9RENDA Cr.VAUGHN NOTARY Pfl T.Ir STA OF TfiYnS
MarMrn
conmiouittt�.utsmi
JUNE 7, 2009
z.pr14120_exhibit c
'.xp_T-•.A':w ...,.s.y..,.k.:-'.."fiTPd ff4f.::.:.�t.n.. �[i ..,u.AFTER RECORDING, RETURN TO:
City of Port Arthur Section 4A Economic Development
Corporation
P. 0. Box 1089
1 Port Arthur, TX 77641-1089
1
z.pr14120 exhibit c
CD APPENDIX"A"
M
0
C DESCRIPTION OF A
0 297 960 ACRE TRACT OR PARCEL OF LAND
C 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
•OS JEFFERSON COUNTY,TEXAS
7"
~' AUGUST 20, 2001
•
CDD
"k AU that certain tract or parcel of land lying and being situated in Jefferson County,
Texas, parts of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, the T. & N.O.R.R
rat
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,
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,
Dr 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
C Camelia B. McFaddin and Di Vernon McFaddin Cordts,jointly,dated February 26, 1948 and
4 recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and
4D which said TRACT NO. 18-C is indicated on that certain plat entitled"PARTITION MAP NO
O 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY,TEXAS . "which
C 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
n
O said Cordts tract is described in that certain instrument from E.G Cordts, Jr., Independent
C Executor of the Estate of Dr Vern McFadden Beiiy to E.G Cordes, Jr., Colleen Cleve
C Cordts and Anna Camelia Cordts,dated September 13, 1994 and recorded under J County
Clerk's File No 94-9432523 of the Official Public Records of Real Property
n
n County, Texas, and the said tract herein described being that exact same certain tract of
fD 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
H Camelia Cordts Edwardson, to Port Arthur Economic Development Corporation, dated
n 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:
CD
r-r. BEGINNING at a iron rod with a Texas Department of Transportation aluminum cap
() (TxDOT Type 1 Monument) found fa the southeast comer of the said tract herein
O
.O
"< Page 10of13
v
CD
CD descnbed, the said corner being the southeast corner of the said PAEDC tract,and the said
acorner also being the most southerly southwest corner of that certain tract of land herein
C 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
n 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
C Jefferson County, Texas, and the said corner being in the north line of that certain tract of
^Z. land herein referred to as the "Parcel 32" tract,which said Parcel 32 tract Is so designated
n and is described in that certain instrument from The Mamie McFadden Ward Heritage
fp Foundation to Jefferson County, dated December 12, 1996 and recorded under County
Clerk's Fite No 96-9638512 of the Official Public Records of Real Property of Jefferson
1-4County, Texas, the said corner being an interior angle point comer in the southwesterly
C nght-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument
(DD found for corner being East (Assumed Basis of Beanngs - called South 89° 37' 00" East)
3 along and with the south lie 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
nWard tract is designated"TRACT NO, 19-C"and is descnbed in the hereinbefore referenced
O 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 hne 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
L. 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
CD stamped "RPLS 3636" found for reference at the southeast corner of that certain tract of
cn land herein referred to as the "TRACT 196-A" tract, which said TRACT 196-A tract is so
0 designated and is described in that certain instrument (trilled "RIGHT-OF-WAY
EASEMENT")from Di Vernon McFaddln Kibodeaux, formerly Di Vernon McFadden Cord's,
joined therein by her husband, Oren J. Kibodeaux to Jefferson County Drainage Distnct 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)
the hereinbefore said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for
n reference at the southwest corner of the said TRACT 196-A tract, and continuing (West)
�D along and with the said south line of the PAEDC tract and north line of the Ward tract,a total
7R- distance of 5,545 27 feet(called 5,545.35 feet)to a point for the southwest comer of the said
1,__1 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
3 A" tract, which said TRACT A tract is so designated and is described n that certain
(p instrument from Darling Klaver, et al to Jefferson County Drainage District No. 7 dated
r'' November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of
O Jefferson County,Texas, and the said corner being in the centerline of Rhodiar Gully,
Page 11 of 13
CD
CCD THENCE North 12° 1T 39"West(called North 11° 54' 13"West) along and with the
Ui westerly line of the said PAEDC tract, the said easterly line of the TRACT A tract and said
0 centerline of Rhodau 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
O most westerly northwest comer of the said PAEDC tract,and the said corner also being the
C 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
n Records of Jefferson County, Texas, and which said TRACT NO 12-C is indicated on the
f>3 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 the 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
rra't- corner of the hereinbefore said TRACT 196-A tract,and passing at a distance of 736.10 feet
o (called 735.85 feet) a 5/8" iron nod with a red plastic capstamped "S&P INC" set for
-0 reference at the northeast comer of the said TRACT 196-A tract (and which said 5/8"iron
-.0 rod with a red plastic cap set for reference is North 37° 58' 15"West a distance of 0.39 feet
from a 518" 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'/z"iron rod found for the most northerly
corner of the said tract hereh described, the said corner being the most northerly comer 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.
Barnette, Jr dated October 24, 1966 and recorded in Volume 1483, Page 177 of the Deed
_CD
Records of Jefferson County, Texas;
o 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 descnbed, the said corner being an
intenor corner of the said PAEDC tract, and the said corner also being the most southerly
corner of the said Barnette- 1483/177 tract,
O THENCE North 40° 07' 58" East (called North 40° 33' 04" East) along and with the
CT
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
i--i with a yellow cap stamped"RPLS 3636"found for the most easterly northwest corner of the
r�-r said tract herein described,the said corner being the most easterly northwest corner of the
CD said PAEDC tract, and the said corner also being the most westerly corner of that certain
tract of land herein refenred to as the "Bamette - 1483/176" tract. which said Barnette -
r.t. 1483/176 tract is descnbed in that certain instrument from Di Vernon McFaddin Cordts
t) jed therein by her husband, Edwin G. Cordts to N K Bamette, Jr. dated October 11,1966
O
.0 Page 12 of 13
(D
and recorded in Volume 1483, Page 176 of the Deed Records of Jefferson County, Texas,
Oand the said 5/8" 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
n southeasterly line of the Barnette - 1483/177 tract,northwesterly line of the said Barnette -
O 14831176 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 Vakey 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 Bamette-1483/176 tract,the said corner also being the most easterly corner of the
said LNVA tract, and the said corner being in the hereinbefae said southwesterly right-of-
way line of Texas State Highway Spur 93,
Cab THENCE South 83° 44'08" East(called South 83° 21'35"East)along and with the
most easterly north line of the sad PAEDC tract and southerly line of the said Bamette
N 1483/176 tract,a distance of 557.12 feet(called 55712 feet)to a 5/8"iron rod found for the
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
-D 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 (caked 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
CD
�-+ most easterly northeast line of the said PAEDC tract, southwesterly line of the said Parcel
31 tract and said southwesterly right-or-way Mne of Texas State Highway
distance of 3,294.33 feet(called 3,294 40 feet)to the Point of Beginning and
93, a total
in
0 Containing 297.960 acres(called 297.9732 acres)of land,more or less
0
Prepared by
Schaumburg&Polk,Inc
E James Verrett,
o Registered Professional Land Surveyor No 1781
fD
i--r
CD
3
a
Page 13 of 13
Pb
1 '` APPENDIX"A"
1 R
E
6) DESCRIPTION OF A
29'7 960 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.
AND THE T A N.O.R R SURVEY.SECTION NO 9,ABSTRACT NO.242
JEFFERSON COUNTY,TEXAS
M AUGUST 20,2001
S. MI that certain tract or parcel of land Outbid and being n Jell'ereon County,
3 Teicas. 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.0,ABSTRACT NO.242,and being parts d Blocks 14, 15 and 16,Range N,
-p Blocks 14.15 and 16,Range 0,and Blocks 15 and 16, Range P d the Lands of the Port
• `4 Arthur land Co.the plat of which said subdivision b d 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 Cordts"tract, vv$uch said McFadden and Cordta tract is
designated "TRACT NO. 18-C' and a described In that certain instrument*am W P H
McFaddin,Jr,and J.LC McFaddin,as Trustees of the McFadden Trust to JJ..C.McFadden,
Dr McFadden Houk,Perry McFadden Duncan,W P H.McFaddin Jr,Marne McFaddin Ward,
Camelia B. McFaddr and Di Vernon McFaddin Cordb, W.P H. McFaddn Jr.,and J LC
McFadden.portly,and Marnie McFaddin Ward,W P H.McFadden,Jr.,J LC McFaddn.and
rp Camelia 8.McFadden and Di Vernon McFadden Gordis,jointly,dated February 26,19413 and
g. recorded m Volume 892, Page 22 of the Deed Recods of Jefferson County, Teocee,and
which said TRACT NO.18.0 is Wheeled on that carton plat entlged°PARTITION MAP NO
uh 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY.TEXAS. '%filch
said plat a 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'track which
g said Cordts tract Is described in that certain instrument from E.G Cordb,Jr., Independent
Executor of the Estate or Dr Vernon McFadden Seely to E.G Cordts, Jr., Colleen Cleve
Z Coda and Anna Camels Cordts,dated September 13. 1994 and recorded under County
Clerk's File No 94-9432523 of the Ofliical Public Records of Real-flvpecty d Jefferson
('} County, Terms, and the said tract herein described being that exact same certain bad of
to tend herein referred to es the"PAEDC"tract,which said PAEDC tract Is deealbed in that
RZ. certain Instrument from E G. Cordts, Jr., ,
Colleen Clare Cordts Rica. .. , and Anna
Camilla Comb Edwardson, to Pon Arthur Economic Development Cormeton, dated
1.1
February 28,2001 and recorded under County Clerk's File No. 2001007554 of the Official
art
l Public Records of Real Property of Jefferson County, Texas. and the said tract herein
3 described being more parboiled),described as follows:
a ftEGINNING at a ton rod with a Texas Department d Transportation aluminum op
o (TxDOT Type 1 Monument) found for the southeest corner of the sad tract herein
18
Nee 10 of 13
e
�.r
described,the said Corner bung the southeast comer of the said PAEDC tract,and the said
0 corner also being the most southe.$y southwest corner of that certan tract of tend herein
Warred b as the 'Parcel 31' tract,which said Parcel 31 tract is so designated and a
described n that certan insfi►ment from E.G Cordts.Jr.Colleen Clare Gordis Rice and
o Anna Camelfa Cordta Edwardson to Jefferson County.dated Match 15,1999 and recorded
under County Clerks File No 1999009190 of the Official Pubtic Records of Real Property of
Jefferson County,Texas,and the sad 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
(-) and is described in that certain instrument from The Mantle McFadden Ward Heritage
N Foundation to Jefferson County. dated Deoerrbe► 12, 1996 and recorded under County
P. Clerks Fle No 96-9638512 of the Official Public Records of Reel Property of Matson
County. Texas, the said comer being an interior angle point corner in the cvudhNeztecty
,m, nghtof-way Me of Texas Stab Highway Spur 93,and the mid TxOOT Type 1 Monument
rb fin found for corner being East(Assumed Eases of Bearings -caled South 89'37T 00"East)
along and with the south line of the said PAEDC tract,said north line of the Parcel 32 tract
r,r and north One of that certain tract of lard herein referred to as the ward'tract.which said
Ward tract Is designates't C(LI9.AC"and a described in the hereinbelbts referenced
O instrument recorded in Volume 692, Page 22 of the Deed Records of Jeffe ,
-0 Tees.and wtrich said TRACT NO. 19-C is Qdicatad on the herembefore referencedai
record in Volume 8, Page 110 of the Map Records of Jefferson CcurityrTexes7 a tole)
distance of 5,430.99 feet (caked 5,431.07 feet) from a 5/8"Iron rod with a yellow cap
stamped'RPLS 3636'found for rofersnce;
THENCE West(called North 89°3T 00'West)along and with the said south line of
the PAEDC tree,north line of the Parcel 32 tract and north the of the Ward tract,pasaitg at
a distance of 16 92 feet (caked 18.92 feet)a 5/8' iron rod found for the most northerly
northwest corner of the said Parcel 32 trot.the said corner being an exterior angle point
La
t>i' corner an the said southwesterly right-of-way line CA Texas State Highway Spur 93, and
passing at a distance of 4,938.57 feet(called 4,938 91 feet)a 518'won rod with a yellow cap
stamped 'RPLS 3636'found for mammas at the southeast corner of that certain tract of
rR land herein referred to as the'TRACT 196-A'tract, which said TRACT 196-A tract a so
designated and is described in that certain instrument (titled 'RIGHTOF4A19Y
£MEtfl 1 from Di Vernon McFaddin Kibodeaux,formerly Di Vernon McFaddin Cordts.
pined!heron by her husband,Oren J.Kibodeaux to Jefferson County Drainage Dieted No.
7 dated January 4, 1968 and worded in Varna 1531, Page 123 of the Deed Records of
= Jefferson County Texas, and passing at a distance of 5,43099 feet(called 5,431.071eet)
the herembefore said us* iron rod with a yellow cap stied "RPLS 3838' found for
(') reference at the southwest corner of the said TRAC[196-A tract,and continuing(West)
(p along and with the said south lane of the PAEDC tract and north the 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
tract herein descrybed,the said corner bang the southwest corner of the said PAEDC tract.
.
= and the sad corner also being the northwest corner of the said Ward tract, and the said
(p corner being in the easterly line of that certain tract of land heron referred to as the"TRACT
3 A" tract, which said TRACT A tract a so designated and is described in that certain
(p instrument from Oerting 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
Q Jefferson County,Texas.and the said corner being in the centerline of Rhodrar Gutty,
Page i i oft 3
-f
THENCE North 12°1T 39"West(called North 11.54'13"West)along and with the
fti westerly line of the said PAEDC tract,the said easterly line of the TRACT A tract and said
centerline of Rhoda?Guty.a distance of 724.96 feet(called 724 92 feet)to a pant for the
most westerly nodlmest corner of the said Ina heren deserted,the said comer being the
n most westerly northwest corner of the saki PAEDC tract,and the sad comer also being the
C northwestmost southery corner of that certain tract of land herein referred toes tie"ILO.McFaddh"
a tract which sad J L C.McFaddn tract is designated'iRAQI NS).12C'and*&sorbed in
the herelnbeforo referenced instrument worded in Volume 692, Page 22 of the Deed
Records of Jefferson County,Texas,and wtsch sad TRACT) 12 C is indicated on tie
� . n .s the Map Q�nw� of
`l' hereinbetore referenced plat of reoond rn Volume 8, Page 110 o • .
-s Jefferson County,Texas;
PK-
•—i THENCE North 39° 57'00"East(cabled North 40°20'00' East)kiting and wrRh the
moat westerly northwest line of the sad PAEDC lead and most southerly southeast tine of
CV
the said J.L.C. McFaddn tract. passing at a distance of 132.53 feet(called 132.53 feel)a
n) 5(8'iron rod wi h a yellow cap stanped'RPLS 3636"found for reference at the northwest
rr-r comer of the herermbefae said TRACT 196-A tract end pawn ate distance of 736.10 feet
CI (called 735.85 feet) a 5/8° eon rod with a red plastic cep stamped 'S&P INC set for
O reference at the northeast corner of the said TRACT 196-A tract(and which said 5/B"son
-0 rodwith-a red plastic cep set for reference is North 37°58'15"West a distance of 0.39 feet
font a 5l8' won rod with a yelow cap stamped"RPLS 3636' found for reference). and
continuing(North 39°57'00'Ease)along and wtrh the sad most wesbrty northwest line of
the PAEDC tract and most southerly southeast toe of the J L C McFaddtn tract, a total
distance of 3,925.49 feet(called 3,925.81 fed)to a 14"iron rod found for the most nothelly
corner of the said tract herein deserted,the sod corner being the most northerly owner of
the said PAEDC tract and the said corner also being the most westerly comer of that cerlran
bad of land herein referred to as the "Barnette- 1483/177°tract,which said Barnette
1483/17'7 tract is descnbed in that certain instrument from Gulf Reflnng Company
to N.K
5 Barnette,Jr dated October 24, 1966 and recorded in Volume 1483,Page 177 of the Deed
Records of Jefferson County,Texas;
O THENCE South 494,46'or East(called South 49°23'24"East)Wong and Mir the
= mat northerly northeast line of said PAEDC tract and soutrneesta+ly One of the said
O Elamite-1483/177 tract.a distance of 1,317 60 feet(called 1.317.54 feet)to a IV iron rod
C found for an interior corner of the said bed herein described, the said comer being an
inlenor corner of the said PAEDC tract, and the said comer also being the most aoutherty
corner of the said Barnette-1483/177 trail,
n THENCE North 40°or 58"East(called North 40°33'Or East)along and with the
'- mitt easterly ,otthwe t ins of the sad PAEDC r� and southeasterly Tine of the said
7Zl' Barnette - 1483/177 rad.. a distance of 15195 feet(caged 151.86 feet)to a 5/8"won rod
1-4 with a yellow cap stamped"RPLS 3636"found for the moat easterly northwest corner of the
FIT said tract herein descnbed,the sad corner being the most easterly northwest comer
of the
said PAEDC tract, and the sad corner also being the most weedy comer of that
certain
tract of land herein referred to as the 'Barnette- 1483/176' trait which said Barnette-
Pr 1483/176 tract rs descnbed in that cartoon instrument from Di Vernon McFeddh Cordts
- joined therein by her husband.Edwin G.Gordis to N K Barnette.Jr.dated October 11,1
968
-.� Page 12 of 13
tt!
and recorded h Volume 1483,Page 176 of the Deed Records of Jefferson County,Texas,
Oand the sad 5/8'iron rod with a yellow cap stamped"RPLS 3638"found for corner bare South 40° 11' 19' West (called South 40' 33' 04' West) along and with the sad
southeasterly line of the Barnette-1483/1T/tract,northwesterly terly Imo of the said Barnette-
1483/176 tract and southeasterly line of that crater tract of tend herein referred to as the
C 'LNVA" tract, Mich sad LNVA trail re descrthed n that certain Instrument from Gulf
Relining Company to the Levier Neches Valey Authority dated Apt 8,1975 and recorded h
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 5r8'von rod found for the most northerly comer of
the said 8emette-1483/176 trams the said corner also being the most easterly corner of the
said LNVA tract,and the sad corner being in the herembefore sad sautiaweslerty dititof:,
1-4 way line d Teems Slate t-ggtrway Spur 93,
THENCE South 83°44'08°East(called South 83'21'35'East)along and with the
most easterly north Ire of the sad PAEDC tract and southerly tine of the said Barnette-
1483/176 tract,a distance of 557.12 feet(called 55712 feet)to a 5/8"bon rod found for the
most northerly northeast corner of the sad tract herein desahbed,the said corner bang the
t ) most northerly northeast corner of the said PAEDC tract,and the said comer also being the
O most northerly northwest corner of the heraembefom sad Parcel 31 tract,and the said comer
being in the said a`udnwastedy right-of-way line of Texas State l Mghwey Spur 93,and the
said 5/8"Iran rod found for corner being South 27'38' 14"East(called South 27° 11'44'
East)along and with the sad soutlaweetary right-of-way line of Texas State Highway Spur
93, a distance of 499.28 feet(caged 499.56 feet)from the herenbefore said 5/8'iron rod
found for the most northerly corner of the Barnette-1483/176 tract and most easterly corner
of the LNVA trail:
THENCE South 27°30'14'East(caged South 27°07'03"East)along and with the
most easterly northeast line of the said PAEDC tract,soutawestery One of the said Parcel
3t tract and sad eoutawestery fight-or-way line of Texas State Highway Spur 93, a total
distance of 3,294.33 feet(caged 3,294 40 feet)to the Pont of Beginning and
Containing 297.960 acres(called 297.9732 acres)of land,more or lees
g
Prepared by
e r- Schaumburg&Polk,Inc
E James Verreta;
Registered Professional Land Surveyor No 1781
fD
a—i
CD
3
CD
r r-
t7
Page 13of13
II I II 1131111111111111111111111 AMp 2013@0265@
8 PGS
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 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. 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. 2007017117;
WHEREAS, the PAEDC met on May 7, 2012, and agreed to the following amendment
to the Covenants and Restrictions, Port Arthur Business Park:
ASSESSMENT
The lessees and private owners of the land in the Business Park shall pay assessments to
the PAEDC for (i) the maintenance of the street signage and landscaping, (ii) the costs to
enforce these deed restrictions, (iii) the costs to 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 Directors 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 on or before
December 31, 2012, shall be paid by PAEDC.
WHEREAS, the PAEDC met on June 4, 2012, and agreed to the following amendment
to the Covenants and Restrictions, Port Arthur Business Park:
SITE DEVELOPMENT
Category Requirements
Fencing - visible from front 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 or as approved by
structures constructed on property 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 No. 2 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 January 1, 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 noted actions of
the PAEDC, the Covenants and Restrictions, Port Arthur Business Park are ratified and
affirmed. r'daySIGNED AND AGREED to on this 2." of cho` • , 2013.
City of Port Arthur Section 4A
Economic Development Corporation
By:
e ident
ATTEST:
Secretary
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the a7 day of , 2013, by
1>ov. as President and ittlyi got tto(►r►e$ as Secretary on
behalf of City of Port Arthur Section 4A Economic Development Corporation.
1937803 Page 2
01(1114142•C‘,
Notary Public, State of T as
AitMEL1A BSALEY
boy Camrnhssion Expires
VII February 23,2015
PA441
inliAKI
eA9EoMJ& acetorifor agsP.
1/73 4Prfr
grorme
n' Th4-Z
/937803 Page 3
,
Ir
N APPENDIX"A"
8
O 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 0 R.R SURVEY,SECTION NO.6.ABSTRACT NO.238,
AND THE T &N.O.R R.SURVEY.SECTION NO 9,ABSTRACT NO.242
JEFFERSON COUNTY,TEXAS
Z AUGUST 20,2001
FT
3 All that certain tract or parcel of land lying end being situated inJalt'eceon County,
a 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,
SECTION NO.9,ABSTRACT NO.242,and bang parts of Blocks 14,15 and 16,Range N,
Blocks 14, 15 and 16,Range 0,and Blocks 15 and 16, Range P d the Lands of the Port
".c Arthur land Co,the plat of which said subdivision is of record In Vokime 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, 1 11-C" and is described in that certain instrument from W P H
McFaddin,Jr,and J.LC McFaddin,as Trustees of the McFadden Trust to J.LC.McFaddin,
Di McFadden Houk,Perry McFadden Duncan,W P H.McFadden Jr,Mamie McFadtk Ward,
Camera B. McFadden and Di Vernon McFaddin Cordts, W.P H. McFaddst Jr.. and J LC
t.r McFadden,jointly.and Mamie McFadden Ward,W P H.McFadden,Jr.,J LC McFaddn,and
fp Carnetia B.McFadden and DI Vernon McFaddin Cordts,jointly,dated February 26, 1948 and
g- recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and
which said IBAQT NO.1 i3-c is Indicated on that certain plat entitled'PARTITION MAP NO
to 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY.TEXAS. 'which
E said plat rs of record in Volume 8,Page 110 of the Map Records of Jefferson County,Texas,
and being a past of that certain tract of land herein referred to as the"Cordts'tract,Wich
g said Cordts tract is described in that certain Instrument from E.G Cordtei;, Jr., Independent
Executor of the Estate of Di Vernon McFaddin Betty to E.G Cordts, Jr., Colleen Cleve
Cordts and Anna Camelia Cants, dated September 13, 1994 and recorded under County
Clerk's Fde No 94-9432523 of the Official Public Records of Real Property of Jefferson
C7 County. Texas. and the said tract herein described being that exact same certain tract of
C0 tend herein referred to as the'PAEDC'tract, which said PAEDC tact is described in that
7R" certain instrument from E G, Cordts. Jr., , Colleen Clare Cordts Roe, .. , and Anna
Camelia Cordts Edwardson, to Port Arthur Economic Development Corporabon. dated
February 28, 2001 and recorded under County Cleric's Fde No. 2001007554 of the Official
[g Public Records of Real Property of Jefferson County, Texas, and the said tract herein
3 described being more particularly described as follows:
2• BEGINNING G at a►ron rod wdh a Texas Department at Tnrssportation aluminum cap
O (TxDOT Type 1 Monument) found for the southeast corner of the said tract herein
Page 10 of 13
-;
r.
5 described,the said corner bung the southeast corner of the said PAEDC tract,and the said
8 corner also being the most southerly southwest corner of that certain tract of lend herein
referred to as the 'Parcel 31' tact, which said Parcel 31 tract Is so designated and is
described n that certain instrument from E.G Coidb.Jr, Coleen Clare Candle Rice and
Anna Camelia Cordes Edwanison to Jefferson County.dated March 15, 1999 and recorded
C under County Cleric's File No 1999009190 of the Official Pubes Records of Real Property cif
Jefferson Casty.Texas,and the said comer being in the north line of that certain trail 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 instrument from The Mande McFeddin Ward Heritage
Foundation to Jefferson County, dated December 12, 1998 and recorded wider County
Cleric's File No 96 9638512 of the Official Public Records of Reed Property of Jefferson
r-i County, Texas, the said corner being an interior angle point corner in the southwesterty
= nght of-way toe of Texas Stale Highway Spur 93, and the said TxDOT Type 1 Monument
S found for corner being East (Assumed Basis of Bearings-carped South 89°37'00"East)
3 along end with the south fine of ttie said PAEDC tract,said north line of the Parcel 32 tract
CDD and north line of that certain tract of land herein referred to es the'Ward'tract which said
Ward tract is designated'1MQ1RO. 19-C"and is described in the h erembefore referenced
CI
O instrument recorded kr Volume 892, Page 22 of the Deed Records of Jefferson County,
Texas,and which said TRACT NO, ]$O is indicated on the herembedore referenced plat of
record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas, a total
distance of 53430.99 feet (called 5,431.07 feet) from a 5f8" kw rod with a yellow cap
stamped'RPLS 3636'found for reference;
THENCE West(called North 89°3T 00"West)along and with the said south lire of
the PAEDC tract,north tine of the Parcel 32 tract and north kne of the Ward tract.passing at
a distance of 18 92 feet (called 18.92 feet) a 5/8" iron rod found for the most northery
northwest corner of the said Parcel 32 tract, the said corner being an exterior angle point
~` comer 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 cep
stamped "RPLS 3638"found for reference at the southeast corner of that certain tract of
IA land herein referred to as the 'TRACT 198-A" tract. which said TRACT 11 tract is so
2 designated and is desatbed in that certain instrument (titled "RIGHT-QF-WAY
l` SE1t ENT")from Di Vernon McFaddln Kibodeaux,formerly Di Vernon McFadckn Cords.
)wined therein by her husband,Oren J.Kibodeaux to Jefferson County Drainage District No.
7 dated January 4, 1988 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 6,431.07 feet)
'Z the hereinbefore said 5/B' iron rod with a yellow cap stamped "RPLS 3838' found for
n reference at the southwest comer of the said TRACT 19§-A tract, and corit nuing (West)
fp along and with the said south line of the PAEDC tract and north kne of the Ward tray a total
R. distance of 5.545 27 feet(sailed 5,545.35 feet)to a point for the southwest comer of the said
1--1 tract herein described,the said corner being the southwest corner of the said PAEDC tred,
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 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
al instrument from Darting Klever, 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
"8 Jefferson County,Texas,and the sad corner being in the centerline of Rhodnr Gutty,
Page e 1 of 13
Prir "9
THENCE North 12°IT 39°West(called North 11°54' 13'West)ebng and with the
el) westerly line of the said PAEDC tract.the said easterly tine d the TRACT A tract end said
'' 3 centerline of Rhodarr 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 deserted,the said comer being the
e most westerly northwest comer d the said PAEDC tract,and the said corner also being the
most southerly corner d that certain tract of land herein referred to as the"J.LC.McFaddkf'
tract which said J L C.McFaddn tract is designated TRACT NO.12-C"and is described nn
the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed
m.C) Records of Jefferson County,Texas,and which said TRACT NO 12-C is indicated on tie
hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of
Jefferson County,Texas;
= THENCE North 39° 57'00"East(celled North 40°20'00' East)along and with the
most westerly northwest line of the said PAEDC tract and most southerly southeast tine of
fti
the said J.LC. McFaddrn tract, passing at a distance of 132.53 feet (called 132.53 feet)a
5 8" on 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 T36.10 feet
0 (called 735.85 feet) a 5!8' won rod with a red plastic Cep stamped 'SAP INC' set for
-0 reference at the northeast comer of the said TRACT 196-A tract(and which said 5/8°ion
..0 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
aontrruurg(North 39°57'00'Ease)sting and with the said most westerly northwest tine of
the PAEDC tract and most southerly southeast line of the J I.C McFaddin tract, a total
distance of 3,925.49 feet(called 3,925.61 feet)to a 14"iron rod found for the most northerly
comer of the said trail herein described,the said corner being the most northerly corner of
the said PAEDC tract.and the said corner also being the most westerly comer of that certam
tract of land herein referred to as the "Barnette - 1483/177"tract, which said Barnette -
La 1483/177 tract is described in that certain instrument from(tuff Refining Company to NJC
5 Barnette, Jr dated October 24, 1966 and recorded In Volume 1483, Page 177 of the Deed
Records of Jefferson County.Texas;
tit
0 THENCE South 49°46'or East(called South 49°23'24'East)along and with the
Z most northerly northeast line of said PAEDC time and southwesterly tine of the said
Bartnette - 1483/177 tract,a distance of 1,317 60 feet(called 1,317.54 feet)to a'r4"iron rod
C found for an mirror corner of the said tract Wen des bed, the said corner being an
Z interior corner of the said PAEDC tract, and the said corner also being the most southerly
-Z. corner of the said Barnette-1483/177 tract,
{) THENCE North 40°07'58'East(carted North 40°33'04"East)along and with the
FIT most easterly northwest line of the said PAEOC tract and southeasterly tine of the said
Barnette- 1483/177�} east, a{�diistan�cQe of found for
feet(called 116{1.86 feet)to a 5/8°iron/rod
d
R �a yeliOw cap stamped RPLS 3636° 1o.the most easterly r� o the
said tract herein described,the said corner being the moat easterly northwest corner of the
CD said PAEDC tract, and the said corner also being the most weetertyy corner of that certain
3 tract of land herein referred to as the 'Barnette - 1483/176° tract. which said Barnette -
CD
et 1483/176 tract is described in that certain nseument from Dr Vernon McFaddin Cords
() joined therein by her husband,Edwin G.Corder to N K Barnette,Jr.dated October 11,1966
MI
`.< Page 12 of 13
fD
and recorded in Volume 1483, Page 178 of the Deed Records of Jefferson County,Texas,
o and the said 5/8" non rod with a yellow cap stamped'RPLS 3636'bind for corner being
South 40° 11' 19" West (celled South 40° 33' 04' West) along and wdh the sad
southeasterly line d the Barnette- 1483/177 tract.northwesterly line of the said Barnette-
SI 1483/176 tract end southeastedy line of that certain tract of lard herein referred to as the
_ "LNVA" tract which said LNVA tract is described in that certain Instrument from Gulf
Relining Company to the Lower Neches Valley Authority dated April 8,1975 and recorded in
Volume 1878,Page 290 of the Deed Records of Jefferson County.Texas,a total distance of
n 499.44 feet(called 500 00 feet)from a 518°iron rod found for the most northerly corner of
the said Barnette-1483/178 tract.the said corner also being the most easterly corner of the
said LNVA tract, and the said corner being in the hereinbefore said s utfrwesterly right-of-
way line of Texas State Highway Spur 93,
FITTHENCE South 83°44'08'East(cabled 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 Barnette-
1483/176 tract,a distance of 557.12 feet(cried 55712 feet)to a 5/8°iron rod bind for the
ram'* most northerly northeast comer of the sad tract herein described,the said corner being the
n most northerly northeast corner of the said PAEDC tract,and the said corner also being the
most northerly northwest comer of the herernbefors said Parcel 31 try and the said corner
being in the said southwesterly right-of-way line of Texas State Hghway Spur 93,and the
said 5/B"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 Stale 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 comer of the Barnette-1483/178 tract and most easterly corner
of the[.MIA 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 cf the said Parcel
ca
31 tract and said southwesterly 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 Point of Beginning and
tr' Containing 297.960 acres(called 297.9732 acres)of land,more or less
g
Prepared by
Schaumburg&Polk,Inc
E James Verret,
t7 Registered Professional Land Surveyor No 1781
fD
rr
3
CD
Page 13of13
4
Os_ - 3bLi
Interoffice
MEMORANDUM
7 0• Mayor, City Council,City Manager igltk
From: Floyd Batiste,CEO c s oev °b4
Date. July 18, 2012
Subiect: P. R.No. 17053; Council Meeting of July 24,2012
Attached is P. R. No. 17053 approving Amendment No. 2 to the
Covenants and Restrictions of the City of Port Arthur Section 4A
Economic Development Corporation Spur 93 Business Park.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2013 Jan 25, 01 08 PM 2013002650
VILLASANA $44 00
CAROLYN L GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
I1$IIIJIJ; I I1tLI j j
I° 7 PGs 2016019323
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. 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. 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
t
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 (O aay of -Tam_ , 2016.
City of Port Arthur Section 4A
#1271702
Economic Development Corporation
By: 0-4KM)
Pres d nt
ATTEST:
Secretary
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the(p ''day of , 2016,by
�r d /-1 d%nts as President and Zan4s1-on g4ain.s as Secretary on
behalf of City of Port Arthur Section 4A Economic Development Corporation.
RACHEL A JACDUET1
1 •; MY COMMISSION EXPIR i :clJUNEi29J`` Notary Public,State ex
#1271702
Rt. .VED 06/21/2016 14:48 4098392394 COLAJTYCLERK
Fax Server B/21/2018 2:42:29 PM PAGE 003/006 Fax Server
La
fD
R APPENDIX'A"
O
=
' DESCRIPTION OF A
297 960 ACRE TRACT OR PARCEL OF LAND
C OUT OF AND PART OF
THE WM.McFADDI N SURVEY,ABSTRACT NO 416,
sZ t7 THE T.&N 0 RR SURVEY,SECTION NO.5,ABSTRACT NO.
CDAND THE T &N,O.R R.SURVEY,SECTION NO 9,ABSTRACT NO.242
?R- JEFFERSON COUNTY.TEXAS
AUGUST 20,2001
BAll that certaintract or parcel of land lying and being etluated elJefferson County,
rt Texas, parts of the WM. McFADDIN SURVEY,ABSTRACT NO.418, the T. &N.O.RR
SURVEY, SECTION NO, 5, ABSTRACT NO. 238. end the T. & N.O.RR SURVEY,
t"? SECTION NO.9,ABSTRACT NO.242,and being parts of Blocks 14,15 and 18.Range N,
O Blocks 14,15 and 16,Range 0,and Blocks 15 and 16,Range P of the Lands of the Port
`-C Arthur land Co,the plat of which said subdwiswn is of record In Volume 1,Page 22 of the
Map Records of Jefferson County,Texas,and being a part of that certain trail of land herein
referred to as the"Mcfaddin and Cordial'tract,wfrxh said McFaddenn and Cordts tract is
designated 'TRACT NO. 14fCG"and is described in that certain nstrument from W P H
McFadden,Jr,and J.L.0 McFaddn,as Trustees of the Mc FeddinTrust to JLC.McFaddenn.
Di MoFaddtn Houk,Perry McFadden Duncan,W P H.McFadden Jr.Mamie Mcfedd ri Weld,
Camelia B. McFadden and Di Vernon MCFaddrn Cordts,W.P H. McFaddn Jr.,and J LC
Mcfaddln,Jointly,and Mamie MoFaddln Wand,W P H.McFaddin,Jr..J LC McFadden,and
to Camelia B.McFadden and Di Vernon McFaddenn Cordts,Jointly,dated February 26,1948 and
41 recorded in Volume 692,Page 22 of the Deed Records of Jefferson County,Texas,and
co which said TRACT NO.18-C is indicated on that certain plat entitled"PARTITION MAP NO
v g 3 OF THE McFADDlN TRUST PROPERTY IN JEFFERSON COUNTY.TOGAS. "which
O said plat ns of record in Volume 8,Page 110 of the Map Records of Jefferson County.Teas,
n and being a part of that certain tract of land herein referred to as the"Gordis'tract,which
Said Cord%tract Is desonbed in that certain Instrument from E.G Cordte,Jr.,Independent
C Executor of the Estate of Or Vernon McFaddtn Berly to E.G Cords, Jr., Colleen Cleve
D Cordts and Anna Camelia Coidts,dated September 13,1994 and recorded under County
Cleric's File No 94-9432523 of the Official Public Records of Real Property of Jefferson
(7 County,Texas, and the said tract herein described being that exact same certain tract of
tp land herein referred to es the"PAEDC"tract which sold PAEDC tract is described in that
R. certain instrument from E G. Cordts, Jr., . Colleen Glare Cordts Rice, .., and Arms
Cornelia Conits Edwardson. to Part Arthur EconomicFile N�Co bo Official
s February 28,2001 and recorded under County
al Public Records of Real Property of Jefferson County, Texas, and the said tract herein
3 described being more parba larly described as fo&oWs:
C SEQINhliNG at a iron rod with a Texas Department of Transportation akrminum cap
i (1',000T Type 1 Monument) found for the southeast corner of the sad tract herein
Page I0 of 13
ih .VED 06/21/2015 14:48 4098392394 C�R4TYCLEI C
Fax Server 6/21/2016 2:42:29 PM PAGE 004/006 Fax Server
5 described,the said corner being the southeast corner of the said PAEDC tract,and the said
Ocorner also being the most southerly southwest corner of that certain tract of land harem
0 referred to as the"Parcel 31"tract,which said Parcel 31 tract is so deslrgttated and is
7 described in that certain instrument from E.G Cord's, Jr,Colleen Clare Cordts Rice and
Anna Camelia Cordte Edwardson to Jefferson County,dated Mardi 16,1999 and recorded
C under County Clerk's Re No 1999009190 of the Official Pubic Records of Real Property of
7 Jefferson County,Texas,and the said comer being in the north line of that certain tract of
n land herein referred to as the'Rural ar tract,which sad Parcel 32 tad is se designated
and IS described in that certain invent from Mamie Mcleddln Ward Heritage
n Foundation to Jefferson County, dated December 12, 1996 and recorded under County
Clerk's File No 96-9838512 of the Official Public Records of Real Property of Jefferson
County, Texas, the said comer being an interior angle point comer In the southwesterly
7 nett-of-way line of Texas State Highway Spur 93,and the said TxDOT Type 1 Monument
re
M found for corner being East(Assumed Sass of Bearings-called South 89°37'00 East)
along and with the south fine d the said PAEDC tract,said north late of the Parcel 32 tract
am and north ltne of that certarn tract of land herein referred to es the'Ward"tract,Mich said
s Ward brae designated"TRACT NO.19-C"and is described escribed in the heceatbefore 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 hersrnbefore referenced plot of
record in Volume a. Page 110 of the Map Records of Jefferson County,Texas, a total
distance of 5,430.99 feet(caged 5,431.07 feet) from a 5/B" iron rod with a yellow cap
stamped"RPLS 3636'found for reference;
THENCE West(called Nash 89°3T 00"West)along and With the said south line Of
the PAEDC tract north kne of the Parcel 32 tract and north line of the Ward tract,posing at
a distance of 16 92 feet(called 16.92 feet)a 6/8"iron rod found for the most northerly
northwest corner of the said Pared 32 tract,the said comer being an exterior angle point
w corner in the said southwesterly right-of-way line of Texas State Highway Spur 93, and
_1f>s passing at a distance of 4,938.57 feet(called 4,938 91 feet)a 5/8"iron rod with a yellow cap
(d' stamped "RPLS 3636'found for reference at the southeast corner of that certain tract of
lard herein referred to as the"TRACT 196-A"tract which said TRACt 196-A tract is so
GIdesignated and is described in that certain instrument (tided "RIGI{j-OP-WAY
n CEMENT")from Di Vernon McFaddln Klbodeaux.formeify Di Vernon McFaddin Cord's,
g- joined therein by her husband,Oren J.Kibodeaux to Jefferson Courtly Drainage District No
7 dated January 4, 1968 and recorded In Volume 1531,Page 123 of the Deed Records of
m Jefferson County Texas,and passing at a distance of 5,430 99 feet(called 5,431.07 feet)
eq. The hereiribefore said 503" iron rod With a yoke, cap stamped "RPLS 3536'found for
(7 reference at the southwest corner of the said TRACT 196-A tract and contiruting(West)
FIT along and Mir the said south line of the PAEDC tiact and north kne of the Ward tract,a total
distance of 5,545 27 feet(called 6,546.35 feet)to a point for the southwest comer cider said
tract harem described,the said corner being the southwest corner of the said PAEDC tract,
7 and the said corner also being the northwest corner of the said Ward tract,and the said
r comer being in the easterly line of that certain tract of land harem referred to as the"TRACT
A" tied which said TRACT A tract is so designated and re desatbed in that certain
instrument from Darling Kiaver, et at to Jefferson County Drainage District No. 7 dated
,r November 22. 1971 end recorded in Volume 1727, Page 481 of the Deed Records of
6) Jefferson County,Texas,and the said comer being in the centerline of Mother Gully,
Page 11 of 13
_VED 06/21/2016 14:48 4098392394 COUNTYCLERK
Fax Server 8/21/2018 2:42:28 PM PAGE 005/008 Fax Server
u
fD
N THENCE North 12°IT 39`West(called North 11°54'13'West)along and with the
rR westerly line of the sad PAEDC tract,the said easterly bne 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 terty northwest comer of the said tract herein desahbed,the said corner being the
n
C most westerly northwest corner of the said PAEDC tact,and the sari comer also being the
most southerly cornier of that certain tract of land herein referred to as the°J.L.C.McFaddenn"
= tract,which said J L C.McFaddi n tract is designated'TRACT NO.12-C"and ra described in
the hereinbefore referenced thslrument recorded hn Volume 692, Page 22 of the Deed
n Records of Jefferson County,Texas,and which said TRACT NO �the Mao Records-O is indicated on the
,q, hereinbefore referenced plat of record in Volume 8, Page 0 0
f
Jefferson County,Texas;
THENCE North 39°57'00'Fast(ailed North 40°20'00"East)along end With the
lir most westerly northwest line of the sari PAEDC tract and most southerly southeast kne cf
3 the said J.LC.McFadden tract,passing at a distance of 132.53 feet(called 132.53 feet)a
5/8°Iron rod with a yellow cap stamped"RPLS 3038"found for reference
the northwest
73t3.1
rr+ corner of the hereinbefore said TRACT 198•A tract,and passing te da lstan
0 feet
67 (called 735.85 feet) a 5/8" iron rod with a red plastic cap stamped "S&P INC" act for
reference at the northeast corner of the said TRACT 196-A tract(and which sad 518"iron
•C rod with a red plastic cap set for reference is North 37°63'15"West a distance of 0.39 feet
from a 6J6" eon rod with a yellow cap stamped"RPLS 3836"found for reference),and
continuing
y Ease)along andwiTh ha saidmost dnnam
the PAEDC and e southeastline of CM dlntract toted
distance of 3,925.49 feet(called 3,925.61 feet)to a'A°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 comer also being the most westerly corner Of that certain
tract of land herein referred to as the'Barnette- 1483/177" tract, which said Barndte
L. 1483/177 tract is described in that certain instrument from Guff Refining Company to N.K
fD Barnette,Jr dated October 24, 1968 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 fine of sad PAEDC tract and southwesterly line of the said
airtime-14831177 bad,a distance of 1,817 60 feet(called 1,317.54 feet)to a II"iron rod
c found for an ink corner of the sad trait herein described, the said corner being an
intenor corner of the sad PAEDC trail,and the said corner also being the most southerly
,Z. corner of the said Barnette•1483/177 tract
n THENCE Worth 40°OT 58"East(called North 40°Ss'04"East)along and with the
CD moat easterly northwest he of the said PAEDC tract and southeasterly lire of the said
R. Barnette-1483/177 tract,a distance of 15195 feet(rotted 151.88 feet)to a 5/8'non rod
h with a yellow cap stamped'RPLS 3636°found for the most easterly northwest comer of the
CD said send tract harem desonbed,the said corner being the mast easterly northwest center of the
said PAEDC tract,and the said corner also being the most westerly comes of that certain
3 tract of lend herein referred to as the°Barnette- 1483/176' tract. which said Barnette-
CD
rt 1483/176 tract rs descnbed in that certain instrument from Di Vernon McFaddenn Cordta
joined therein by her husband,Edwin G.Cordts to N K Barnette,Jr,dated October 11,1966
-g)
?ago 12 of 13
R. :VED 06/21/2016 14:48 4098392394 C(JUhrTYCIFRK
Fax Server 8/21/2016 2:42:29 PM PAGE 008/008 Fax Server
•
CD
eir and recorded In Volume 1483,Page 176 of the Deed Records RPLS 3o38`e for corner t�
n County,Texas,
M and the sad 618'iron rod with a yellow cap stempeo4" West) along and with the said
g South 40° 11' 19" West (called South 40° 33'
southeasterly line of the Barnette-1483/177 tract,northwesterly line of the said Barnette-
R 14831178 tract and southeasterly line of that certain tract of land herein referred to as the
C "LNVA" trail which said LNVA tract is described et that certain I stru aentreo from
Gdulf
a Relining Company to the Lower Neches Valley Authority dated April'" n
Volume 1878,Page 290 of the Deed Records of Jefferson County,Texas,a total distance of
n 490.44 feet(called 500 00 feet)from a 5/8"iron rod found for the most northerly comer of
(r the said Barnette-1483/176 tract,the said comer also being the most easterly comer
e
- said LNVA tract,and the said corner being in the herernbefore said southwesterly 'n ght•h
r-- way line of Texas State Highway Spur 93,
=-r THENCE South 83°44'08"East(coiled South 83°21'35'East)along and with the
/D most easterly north line of the said PAEDC tract and southerly lure of the send Barnette-
N1483/176 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 dascnbed,the said corner being the
n most northerly northeast corner of the said PAEDC tract,and the said comer also being the
� most northerly north corner of the hereinbefore said Parcel 31 tract,and the said corner
,
- being In the said southwesterly rlght'of"way�e of 38'Texas 1State
ateEa Highwayed South 93,and11'the
said h/8"alo Iron rdd found for d rnersout beIng*Bet right-of way line of Texas State Highway Spur
44*
East)along and with the said souhhwesterly rig _
before said 5/8"iron rod
fou93,nd
ad distance of northerly co99.28 feet mer of theeaned 9.58 feel)from Barnette-1483/17 tract and most easterly corner
of the LiWA t
THENCE South 27°30' 14"East(called South 27°07'03'Eest)acing and with the
most easterly northeast line of the said PAEDC tract,southwesterly line of the said Parcel
ea
g 31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93,a total
distance of3,294.33 feet(called 3,294 40 feet)to the Point of Beginning and
M Containing 297.980 acres(called 297.9732 acres)of land,more or less
Prepared by _�
Schaumburg&Polk,inc
E JamesVerrett.
r) Registered Profeaatonal Land Surveyor No 1761
V AT
5 KATE LEVERETT
3iiitoe P.O, BOX 4915
BEAUMONT, TX 11704
FILED AND RECORDED
Page la of 13 OFFICIAL PUBLIC RECORDS
6 .
0.4
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
June 23, 2016 03:40:54 PM
FEE: $50.00 2@160'
Exhibit"C"
Form of Deed
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF JEFFERSON §
The City of Port Arthur Economic Development Corporation, a Texas municipal
economic development corporation (sometimes "Grantor") in consideration of the sum of TEN
AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, to Grantor in
hand paid by Mid-County Plaza, LLC, a limited liability company in the State of Texas
(sometimes "Grantee"), the receipt of which is hereby acknowledged, has GRANTED, SOLD
and CONVEYED, to Grantee, all that certain property situated in the County of Jefferson, State
of Texas, described as in Exhibit A attached hereto and incorporated herein(the"Property").
Grantor hereby reserves unto itself, its successors and assigns, For Grantor and Grantor's
heirs, successors, and assigns forever, a reservation of all oil, gas, and other minerals in and
under and that may be produced from the Property. If the mineral estate is subject to existing
production or an existing lease, this reservation includes the production, the lease, and all
benefits from it.
Grantor hereby reserves unto itself the right to repurchase the Property if Grantee fails to
complete construction of facilities on the Property for use and occupancy within eighteen months
from the closing of the purchase of the tract, or fails to complete construction as an extension of
the parking lot that is to serve the adjacent industrial facility. If construction has not been
completed as specified in the preceding sentence, Grantor shall have the option to repurchase the
Property from the Grantee on the basis of the original purchase price per acre with Grantee to
bear all costs incurred by Grantor in its exercise of its rights of repurchase, including but not
15
but not limited to, attorney fees, title and recording fees, closing costs and related expenses. This
repurchase option may be exercised at any time subsequent to the failure of construction to start
by the time period specified in this paragraph, and shall survive Closing. Exercise of the option
will be by formal action of the Grantor's governing body. Delivery of written notice of exercise
of this option shall be the cause of an immediate halt to development on the Property by Buyer.
This conveyance is made subject to the following:
(1) Easements and rights-of-way appearing of record in the office of the County
Clerk of Jefferson County, Texas;
(2) All covenants, restrictions, and all conditions and exceptions, reservations and
conveyances of minerals and/or royalties, oil and gas and/or mineral leases,
affecting the above described property, of record in the Office of the County
Clerk of Jefferson County, Texas, to the extent they are still in effect and relate to
the above described property;
(3) The treatment or storage of the following is prohibited:
• Hazardous industrial waste, as defined by 30 Texas Administrative Code
("TAC") §335.1(60) (in accordance with RCRA of 1976 and 40 Code of
Federal Regulations("CFR")Part 261);
• Hazardous waste, as defined by 30 TAC §335.1 (62) (in accordance with the
federal Solid Waste Disposal Act, as amended by RCRA, 42 United States
Code §§6901 et seq., as amended) and as determined by the procedures in 30
TAC §335.504;
• Hazardous waste constituent, as defined by 30 TAC §335.1(63) (listed in 40
CFR Part 261, Subpart D or in Table 1 of 40 CFR §261.24); and
• Tanks, drums, or containers used for shipping or storing any material that has
been listed as a hazardous constituent in 40 code of Federal Regulations (40
CFR), Part 261, Appendix VIII but has not been listed as a commercial
chemical product in 40 CFR, §261.33(e)or(f);
(4) Taxes on the above described property for 20_ and subsequent years not yet due
and payable;and
(5) all zoning laws, regulations and ordinances of municipal and other governmental
authorities, if any, but only to the extent that they are still in effect, relating to the
above described property.
Grantor has executed and delivered this Special Warranty Deed and has granted, bargained, sold,
and conveyed the Property to Grantee, and Grantee has received and accepted this Special Warranty
Deed and has purchased,received, and, accepted the Property, ON AN AS-IS, WHERE IS BASIS,
16
WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES
WHATSOEVER,EXPRESS OR IMPLIED,WRITTEN OR ORAL,IT BEING THE INTENTION
OF GRANTOR AND GRANTEE TO EXPRESSLY REVOKE, RELEASE, NEGATE, AND
EXCLUDE ALL REPRESENTATIONS AND WARRAN TINS, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES AS TO (i) THE CONDITION OF THE PROPERTY OR ANY ASPECT
THEREOF, INCLUDING, WITHOUT LIMITATION,ANY AND ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES RELATED TO SUITABILITY FOR
HABITATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR
PURPOSE; (ii) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN
OR ENGINEERING OF ANY IMPROVEMENTS WHICH ARE PART OF THE PROPERTY
OR WHICH SERVE THE PROPERTY(the"IMPROVEMENTS"); (iii)THE QUALITY OF THE
LABOR OR MATERIAL INCLUDED IN THE IMPROVEMENTS; (iv) THE SOIL
CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES OR OTHER CONDITIONS
WHICH AFFECT THE PROPERTY; (v) THE AREA, SIZE, SHAPE, CONFIGURATION,
LOCATION, CAPACITY, USE, DEVELOPMENT POTENTIAL, PURPOSE OR OTHER
CHARACTERISTIC CONCERNING OR RELATING TO THE PROPERTY; (v) ANY
FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT
TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENTAL POTENTIAL, CASH FLOW,
OR OTHERWISE; (vi) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY
DESCRIPTION OF THE PROPERTY; (vii) ANY ENVIRONMENTAL, GEOLOGICAL,
METEOROLOGICAL, STRUCTURAL OR OTHER CONDITION OR HAZARD OR THE
ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY
MANNER ANY OF THE PROPERTY; AND (viii) ALL OTHER EXPRESS OR IMPLIED
WARRANTIES AND REPRESENTATIONS BY GRANTOR WHATSOEVER, EXCEPT
SOLELY THE SPECIAL WARRANTY OF TITLE EXPRESSLY SET FORTH IN THIS DEED
CONVEYING THE PROPERTY TO GRANTEE.
TO HAVE AND TO HOLD, the said Property, together with all rights, hereditaments and
appurtenances thereto belonging, unto Grantee, its successors, heirs, and assigns forever. And
Grantor does hereby bind itself, its successors, heirs, executors, administrators, and personal
representatives to WARRANT AND FOREVER DEFEND the title to said Property unto Grantee,
its successors, heirs, and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof,by,through,or under Grantor,but not otherwise.
Grantee has joined in this Deed to evidence Grantee's acceptance of this Deed.
EXECUTED this the day of ,20_.
(Signature pages follow)
17
GRANTOR:
The City of Port Arthur Economic Development
Corporation
By:
President
By:
Secretary
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day of , 20_, by
, President of the City of Port Arthur Economic Development Corporation,
a Texas not-for-profit corporation, on behalf of such corporation.
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day of , 20_, by
, Secretary of the City of Port Arthur Economic Development Corporation,
a Texas not-for-profit corporation, on behalf of such corporation.
Notary Public, State of Texas
18
GRANTEE'S MAILING ADDRESS:
Accepted by GRAN I'1 E:
Mid-County Plaza, LLC
By:
By:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 20_, by
of ,on behalf of such corporation.
Notary Public. State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 20_,by
of , on behalf of such corporation.
Notary Public, State of Texas
19