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HomeMy WebLinkAboutPR 24714: TO ACCEPT A FIFT DEED FORM MBV REAL ESTATE, LLC P.R. NO. 24714 01/07/2025 RPC RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ARTHUR,TEXAS,TO ACCEPT A GIFT DEED FROM MB V REAL ESTATE,LLC FOR THE PURPOSE OF A DEDICATED PUBLIC ROADWAY BETWEEN JIMMY JOHNSON BOULEVARD ENDING AT SOUTHWEST AREA OF MEDICAL CENTER HOSPITAL AND EXTENDING TO THE IMPROVED PORTION OF PARK CENTRAL BOULEVARD, COMMONLY REFERRED TO AS JIMMY JOHNSON BOULEVARD EXTENSION. WHEREAS, MBV Real Estate LLC, a Texas limited liability company ("MBV"), owns fee simple title to property described as 6.298 acres of land out of Blocks 12 & 13, Ranges "K" & "L" Port Arthur Land Company Subdivision,City of Port Arthur,Jefferson County,Texas("Property"),and more specifically described and depicted in Exhibit 1; and WHEREAS,on September 26,2025,MBV or their designee sent written notice to the City that MBV seeks to donate the Property to the City of Port Arthur,Texas("City")for the purpose of a dedicated public roadway between Jimmy Johnson Boulevard,ending at the Southwest area of Medical Center Hospital and extending to the improved portion of Park Central Boulevard,and commonly referred to as Jimmy Johnson Boulevard Extension. See Exhibit 2; and WHEREAS, MBV seeks to transfer the property by a Gift Deed with a Fee Simple Determinable Condition. Said Fee Simple Determinable Condition being that if the City fails to use the Property on or before the expiration of seven(7)years from the effective date for the purpose of a dedicated public roadway, then the Property will automatically revert to and be owned by MBV, save and except that after five (5) years from the effective date but before the expiration of seven(7) years from the effective date,the Parties may negotiate a time extension and execute and record in the real property records for Jefferson County,Texas an Affidavit that extends the Fee Simple Determinable Condition. See Exhibit 3; and WHEREAS,the Gift Deed with A Fee Simple Determinable Condition shall be transferred to the City at no costs to the City; and WHEREAS,MBV also agrees to provide site locations within 274.9 acres adjacent to the Property and owned by MBV for any and all dirt necessary for the construction of the Dedicated Public Roadway at no costs to the City and at the City's specified date. See Exhibit 2 and 4. Said dirt shall be excavated and transported by the City or its assigned designee at City's cost. Said dirt shall be excavated at or near proposed pond site 1 and proposed pond site 2 as depicted in Exhibit 5 and titled "Exhibit C Site Locations" or upon mutual agreement by the Parties; and r WHEREAS,MBV further commits to develop the 1st phase of the 95 acres from Tractor Supply Road to connect to Jimmy Johnson Boulevard at the time the City starts construction of said new dedicated public roadway on the Property. See Exhibit 2; and WHEREAS,the City Council deems it in the best interest of the citizens of Port Arthur to accept the property donation in order to improve the quality of life for the citizens of Port Arthur,Texas; and Now THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: SECTION 1. That the facts and the above recitals are true,correct,and hereby incorporated for all purposes. SECTION 2. That the City Council hereby authorizes the City Manager to execute the Gift Deed subject to a Fee Simple Determinable Condition between MBV and the City for the acceptance of the Property described as 6.298 acres of land out of Blocks 12& 13,Ranges"K"&"L"Port Arthur Land Company Subdivision, City of Port Arthur, Jefferson County, Texas ("Property"), in substantially the same form as Exhibit 2.No consideration is expected or required,subject to the Fee Simple Determinable Condition. SECTION 3. That the City Council further authorizes the City to accept all and any dirt necessary for the construction of the dedicated public roadway at no cost to the City and at the City's specified delivery date. SECTION 4. This Resolution shall take effect immediately from and after the date of passage and is so resolved. SECTION 5. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED,this 13th day of January, 2026 AD, at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote: AYES: Mayor: • Councilmembers: • 4 NOES: Charlotte M. Moses, Mayor I ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo,JD, City Attorney APPROVEDQI' A. 1 MINISTRATION: After MPAV Ronald Burton, •M, City Manager EXHIBIT 1 Legal Description 6.298 ACRES OF LAND OUT OF BLOCKS 12 & 13,RANGES "K" & "L" PORT ARTHUR LAND COMPANY SUBDIVISION CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS BEING 6.298 acres of land, out of and a part of Lot 1, Block 13, Range "L", Lot 8, Block 12, Range "L" and Lots 5 and 6, Block 12, Range "K", Port Arthur Land Company Subdivision, City of Port Arthur, recorded in Volume 1, Page 22, Map Records, Jefferson County,Texas,being part of a (Called 274.9) acre tract of land described in a deed to MBV Real Estate, LLC, recorded in File No. 2022015812, Official Public Records, Jefferson County, Texas; said 6.6298 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. COMMENCING at a 1/2" steel rod, capped and marked "GATES", found for the most Southerly corner of a 120' wide right of way, recorded as Tract 8-C, in File No. 2014002528, Official Public Records, Jefferson County, Texas; said 1/2" steel rod, having a Texas Coordinate of N: 13920558.26, E: 3552214.24; THENCE, North 37 deg., 09 min., 00 sec., East, on the Southeast line of said 120' wide right of way, a distance of 9.93' to a I/2"steel rod, capped and marked"SOUTEX", set for the POINT OF BEGINNING; said 1/2" steel rod being the most Westerly corner of the herein described tract, having a Texas Coordinate of N: 13920566.18, E: 3552220.24; THENCE, North 37 deg., 09 min., 00 sec., East, continuing on the Southeast line of said 120' wide right of way, a distance of 100.00' to a 1/2" steel rod, capped and marked"SOUTEX", set for the Northwest corner of the herein described tract; from which a 1/2" steel rod capped and marked "GATES", found for the most Easterly corner of the 120' wide right of way, bears North 37 deg., 09 min., 00 sec., East, a distance of 9.93'; THENCE, South 53 deg., 00 min., 06 sec., East, a distance of 279.46' to a 1" steel rod, capped and marked "SOUTEX", set for corner; THENCE, on an arc of a curve to the left, having a radius of 950.00', an arc length of 978.36', a chord bearing of South 82 deg., 37 min., 17 sec., East, a chord distance of 935.69' to a 1/2" steel rod, capped and marked "SOUTEX", set for corner; •Page 2 of 2 THENCE, North 67 deg., 59 min., 32 sec., East, a distance of 1516.23' to a 1/2" steel rod, capped and marked "SOUTEX", set on the Northwest line of a(Called 10.56) acre tract of land described in a deed to Jefferson County Drainage District No. 7, recorded in File No. 2003029586, Official Public Records,Jefferson County,Texas; said 1/2"steel rod being the Northeast corner of the herein described tract; from which a '/2" steel rod, capped and marked "SOUTEX", found for the most Easterly corner of the (Called 274.9) acre tract, bears North 36 deg., 38 min., 03 sec., East, a distance of 104.77'; THENCE, South 36 deg., 38 min.,03 sec., West, on the Northwest line of the(Called 10.56) acre tract, a distance of 192.17' to a 1/2" steel rod, capped and marked "SOUTEX", set for the most Easterly Southeast corner of the herein described tract; THENCE, South 67 deg., 59 min., 32 sec., West, a distance of 486.08' passing a 5/8" steel rod found for an exterior corner of the (Called 10.56) acre tract, continuing for a total distance of 1352.13' to a'/" steel rod,capped and marked"SOUTEX", set for corner; from which a 5/8"steel rod found for the most Westerly corner of a (Called 13.79) acre tract of land described in a deed to Barbara Booz Hayes, recorded in File No. 2002006051, Official Public Records, Jefferson County, Texas, bears South 67 deg., 59 min., 32 sec., West, a distance of 133.35'; THENCE, on an arc of a curve to the right,having a radius of 1050.00', an arc length of 1081.35', a chord bearing of North 82 deg., 30 min., 17 sec. West, a chord distance of 1034.19' to a 1/2"steel rod, capped and marked"SOUTEX", set for corner; THENCE, North 53 deg., 00 min., 06 sec., West, a distance of 279.73' to the POINT OF BEGINNING and containing 6.298 acres of land, more or less. This description is based on the Land Survey made under the direct supervision of Anthony M. Leger, Registered Professional Land Surveyor No. 5481 on February 24, 2023. City of Port Arthur PN-23-0080 77,171.1 V' ' " di I 4 Q VIF,' IO4` /O/ a sA till: U S ¢ I i34 a 1 Lt' :4—... �r=— ,'=y'�- ---- .. --- __-` —_fie - - -- 1. U i Ii IuiiI !j ; !44g4 .. vr- \ 'g�ia "gib Ag71— . •r "g i.`:�♦ � a l"a la -g Lj!i . Ilil � b / a 1 a$ -. rNZz-tt et 1?o i !hag _ •1 ' \` - — — — - Sz ...siM, 21-r; r� o IME gi; EXHIBIT 2 TBPE Firm No.F-5755 TBPL$Firm No.10123800 '-14' OUTEX LA EF.0005711 3737 Doctors Drive Port Arthur,Texas 77642 iP SURVEYORS&ENGINEERS office(409)983.2004 _________ .. Fax(409)983.2005 September 26, 2025 City of Port Arthur Ronald Burton, City Manager PC) Box 1089 Port Arthur, Texas 77641 RE: Real Estate Agreement Mr. Burton, I would like to express my appreciation to you and your staff for the support given to the Jimmy Johnson Extension Project. With the successful approval of Council to engage with SOUTEX for the preparations of plans and specifications needed for the project to bid and for construction, my client, Mark Vernon has committed to additional support for the project to not just donate the approximately 7 acres (Estimated value $ 475,000.00) for public Right of way, but would also offer, with the original terms attached, the following offer: 1. The Land owner MBV Real Estate LLC will offer the dirt for road construction at no cost to the City of Port Arthur from on site property, with an estimated value of $ 600,000.00 • 2. The Land owner MBV Real Estate LLC will commit to develop the 15t phase of the 95 acres from Tractor Supply Road to connect to Jimmy Johnson at the time the city starts construction of the new extension. If the City is in agreement with these terms and conditions, I would ask for the City's Legal Department to draft a copy for Mr. Vernon's approval. Enclosed is a conceptual drawing that reflects the area of a 95 acre portion of the 274 acres, zoned Light Industrial, to better understand the development schedule, and a draft copy of the previously submitted Gift Deed. If you have any questions concerning this request please do not call.Hesitate to For the firm, x nt` Ocny M. eer,Vice-Press ent EXHIBIT 3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Gift Deed Effective Date: , 2026 Grantor: MBV Real Estate, LLC, a Texas limited liability company Grantor's Address: 2730 Highway 69 North Nederland, TX 77627 Grantee: City of Port Arthur, a home-rule municipality in the State of Texas Grantee's Address: 444 4`1 Street Port Arthur,TX 77641 Consideration: Grantor's desire to make a gift of the Property to Grantee, subject to the Fee Simple Determinable Condition (as defined below). No consideration is expected or required, subject to the Fee Simple Determinable Condition(as defined below). Property (including any improvements): See Exhibit "A" attached hereto and incorporated by reference herein for all purposes. Exceptions to Conveyance and Warranty: All prior mineral and/or royalty reservations, encumbrances,restrictions, covenants, conditions, easements of record in the office of the County Clerk of the County where the Property is situated affecting the Property; (2) all zoning laws, regulations, and ordinances of governmental authorities; and(3)ad valorem taxes assessed against the Property for the year 2026 and subsequent years not yet due and payable, and all taxes and assessments for prior years based on a change in usage of the Property, which Grantee by its acceptance of this Deed agrees to assume and discharge. Fee Simple Determinable Condition: On or before the expiration of seven (7) years following the Effective Date (the "Construction Period"), Grantee is to use property for the purpose of a Dedicated Public Roadway between Jimmy Johnson ending at the Southwest area of Medical Center Hospital and extending to the improved portion of Park Central Boulevard as depicted on Exhibit"B" attached hereto and incorporated by reference herein for all purposes. Grantor further agrees to provide site locations within 274.9 acres adjacent to the Property and owned by Grantor for any and all dirt necessary for the construction of the Dedicated Public Roadway at no cost nor consideration to the Grantee and at Grantee's specified delivery date. Said dirt shall be excavated and transported by Grantee's or Grantee's assigned designee at Grantee's costs. 1 Grantor,for the Consideration, and subject to the Exceptions to Conveyance and Warranty and the Fee Simple Determinable Condition, GRANTS, TRANSFERS AND CONVEYS to Grantee, all of the interest of Grantor in and to the Property as described on Exhibit"A", together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever as long as the Fee Simple Determinable Condition is satisfied, and if the Fee Simple Determinable Condition is not satisfied, the Property will automatically revert to and be owned by Grantor without the necessity of any further act on the part of the Grantor, it being Grantor's intent to convey a fee simple determinable estate to Grantee with a right of reverter in favor of Grantor. Notwithstanding the foregoing, if the Fee Simple Determinable Condition is not satisfied, Grantor may, at any time following the expiration of the Construction Period, execute and record in the real property records of Jefferson County,Texas an Affidavit that confirms that the Fee Simple Determinable Condition has not been satisfied and that Grantor is the owner the Property by virtue of the right of reverter, and Grantee by its acceptance of this Deed acknowledges that such Affidavit shall be binding on Grantee and conclusive evidence of the reversion to Grantor, save and except that after five (5) years from the Effective Date but before the expiration of seven (7) years from the Effective Date, the Grantor and Grantee may negotiate a time extension and execute and record in the real property records for Jefferson County, Texas an Affidavit that extends the Fee Simple Determinable Condition. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property conveyed by Grantor to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Exceptions to Conveyance and Warranty and the Fee Simple Determinable Condition,by,through or under Grantor,but not otherwise. When the context requires, singular nouns and pronouns include the plural. GRANTOR: MBV Real Estate,LLC, a Texas limited liability company By: Mark S. Vernon, Managing Member By: Brock S. Vernon, Managing Member BMV Division, LLC, Managing Member By: Mark S. Vernon, Manager 2 STATE OF TEXAS ) COUNTY OF JEFFERSON ) BEFORE ME, the undersigned authority, on this day personally appeared Mark S. Vernon, Managing Member of MBV Real Estate, LLC, a Texas limited liability company, known to me to be the person and managing member whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said Company on behalf of said Partnership. SUBSCRIBED AND SWORN TO before me on this day of ,2026. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF JEFFERSON ) BEFORE ME, the undersigned authority, on this day personally appeared Brock S. Vernon, Managing Member MBV Real Estate, LLC, a Texas limited liability company, known to me to be the person and managing member whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said Company on behalf of said Partnership. SUBSCRIBED AND SWORN TO before me on this day of , 2026. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF JEFFERSON ) BEFORE ME, the undersigned authority, on this day personally appeared Mark S. Vernon, Manager of BMV Real Estate,LLC,a Texas limited liability company acting as a Managing Member of MBV Real Estate LLC, a Texas limited liability company, known to me to be the person and manager whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said Company on behalf of said Partnership. SUBSCRIBED AND SWORN TO before me on this day of , 2026. Notary Public, State of Texas 3 After recording return to: City of Port Arthur Attn: Roxann Pais Cotroneo, City Attorney 444 4`h Street Port Arthur,TX 77641 4 EXHIBIT "A"—Page 1 of 2 Legal Description 6.298 ACRES OF LAND OUT OF BLOCKS 12 & 13,RANGES "K" & "L" PORT ARTHUR LAND COMPANY SUBDIVISION CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS BEING 6.298 acres of land, out of and a part of Lot 1, Block 13, Range "L", Lot 8, Block 12, Range"L" and Lots 5 and 6, Block 12,Range"K", Port Arthur Land Company Subdivision,City of Port Arthur,recorded in Volume 1,Page 22, Map Records,Jefferson County,Texas,being part of a (Called 274.9) acre tract of land described in a deed to MBV Real Estate, LLC, recorded in File No. 2022015812, Official Public Records, Jefferson County, Texas; said 6.6298 acre tract being more fully described by metes and bounds as follows,to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. COMMENCING at a1" steel rod, capped and marked "GATES", found for the most Southerly corner of a 120' wide right of way,recorded as Tract 8-C, in File No. 2014002528, Official Public Records, Jefferson County, Texas; said 1/2" steel rod, having a Texas Coordinate of N: 13920558.26, E: 3552214.24; THENCE, North 37 deg., 09 min., 00 sec., East, on the Southeast line of said 120' wide right of way,a distance of 9.93' to a 1/2"steel rod, capped and marked"SOUTEX", set for the POINT OF BEGINNING; said l/" steel rod being the most Westerly corner of the herein described tract, having a Texas Coordinate of N: 13920566.18, E: 3552220.24; THENCE, North 37 deg., 09 min., 00 sec., East, continuing on the Southeast line of said 120' wide right of way, a distance of 100.00' to a l/" steel rod, capped and marked"SOUTEX", set for the Northwest corner of the herein described tract; from which a l/" steel rod capped and marked "GATES", found for the most Easterly corner of the 120' wide right of way,bears North 37 deg., 09 min., 00 sec., East, a distance of 9.93'; THENCE, South 53 deg., 00 min., 06 sec., East, a distance of 279.46' to a 1/2" steel rod, capped and marked"SOUTEX", set for corner; THENCE, on an arc of a curve to the left,having a radius of 950.00', an arc length of 978.36', a chord bearing of South 82 deg., 37 min., 17 sec., East, a chord distance of 935.69' to a 1/2" steel rod, capped and marked "SOUTEX", set for corner; EXHIBIT"A"—Page 2 of 2 THENCE, North 67 deg., 59 min., 32 sec., East, a distance of 1516.23' to a 1/2" steel rod, capped and marked"SOUTEX", set on the Northwest line of a(Called 10.56) acre tract of land described in a deed to Jefferson County Drainage District No. 7, recorded in File No. 2003029586, Official Public Records,Jefferson County,Texas;said 1/4"steel rod being the Northeast corner of the herein described tract; from which a 1/2" steel rod, capped and marked "SOUTEX", found for the most Easterly corner of the (Called 274.9) acre tract, bears North 36 deg., 38 min., 03 sec., East, a distance of 104.77'; THENCE, South 36 deg., 38 min.,03 sec., West, on the Northwest line of the(Called 10.56) acre tract, a distance of 192.17' to a 1/2" steel rod, capped and marked "SOUTEX", set for the most Easterly Southeast corner of the herein described tract; THENCE, South 67 deg., 59 min., 32 sec., West, a distance of 486.08' passing a 5/8" steel rod found for an exterior corner of the (Called 10.56) acre tract, continuing for a total distance of 1352.13' to a 1/2"steel rod,capped and marked"SOUTEX", set for corner; from which a 5/8"steel rod found for the most Westerly corner of a (Called 13.79) acre tract of land described in a deed to Barbara Booz Hayes, recorded in File No. 2002006051, Official Public Records, Jefferson County,Texas,bears South 67 deg., 59 min., 32 sec., West, a distance of 133.35'; THENCE,on an arc of a curve to the right,having a radius of 1050.00',an arc length of 1081.35', a chord bearing of North 82 deg., 30 min., 17 sec. West, a chord distance of 1034.19' to a 1/2"steel rod, capped and marked "SOUTEX", set for corner; THENCE, North 53 deg., 00 min., 06 sec., West, a distance of 279.73' to the POINT OF BEGINNING and containing 6.298 acres of land, more or less. This description is based on the Land Survey made under the direct supervision of Anthony M. Leger,Registered Professional Land Surveyor No. 5481 on February 24, 2023. City of Port Arthur PN-23-0080 INIF r I o* :^yrt�y I /i Ili , I -. I r C 3 ;jo 1! y I --i� �'0 il 4' Lai 1. I ^�g7 O Ili it .c/1/ Y : s,s ,, Id g` 111 hi � r,}— — -- — — i I ': i ' <z- T. Nz...:.,..X.,,ks\ \;;Z.' 4 r I Ill ;,,o t I �_ �� /1/ b irl 91 /4./ „ I► 1 a � , b._` 5 �. I Y` Q � / / t� _J - -J rr,, e a \ i1 ; 172;, tli * 1 I I ;WInle :s a o ..‘� : -_._. --__— ,may W 0 tyi I \ g:1 $apew as 8� I \1 y ilk k A I ? \. S ddd� 9� q Y I ^ I n ..., ::, %-ei‘ 3 I \ \,kt, 1 1 I :8t)o EXHIBIT 4 TITLE AND LIEN REPORT DATE: December 19, 2025 GF NO: TRT-2025-01052 FOR: City of Port Arthur Legal Department 444 4th Street Port Arthur,Texas 77641-1089 Attn: Huy Tran, Compliance Officer Texas Regional Title has searched the Official Public Records of the County Clerk of Jefferson County, Texas, for the time period from 5-5-2022, through 12-12-2025, at 5:00 p.m., as to the following described real property, and find nothing further on the below described property and record owners thereof except as follows: PROPERTY DESCRIPTION: BEING 274.9 acres of land, all of Lots 3 and 6, Block 12, Range "K", part of Lot 5, Block 12, Range "K",part of Lots 4, 5 and 6, Block 13, Range"K", all of Lot 6,Block 12,Range"L",part of Lots 5, 7 & 8,Block 12,Range"L", all of Lots 2 & 3, Block 13, Range "L"and Part of Lots 4 ,5 ,6 & 7, Block 13, Range "L", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being part of a (Called 319.48) acre tract of land described in a deed to Park Central West, LTD, recorded in File No. 2000037589, Official Public Records, Jefferson County, Texas; said 274.9 acre tract, being more fully described by metes and bounds as follows, to wit; Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. BEGINNING at a disc found in concrete for a TxDOT Monument, on the Intersection of the Southeast right of way line dedicated road named FM Highway 365 and the Easterly right of way line of a (Called 5.478) acre tract of land described in a deed to Jefferson County Drainage District No. 7, recorded in Volume 654, Page 537 and Volume 1714, Page 166, Deed Records, Jefferson County, Texas; said monument being on the South line of a(Called 2.324) acre tract of land, described in a deed to The State of Texas,recorded in File No. 2012006051, Official Public Records, Jefferson County, Texas, and the most Westerly corner of the herein described tract; having a Texas Coordinate of N: 13920770.41,E: 3549894.82; TEXAS REGIONAL TITLE 7675 Folsom Drive, Building 100, Beaumont,Texas 77706 Phone:409.861.7300 Fax 409.861.7373 THENCE,North 37 deg., 00 min., 10 sec., East, on the Southeast right of way line of said FM Highway 365, same being the Southeast line of the (Called 2.324) acre tract, a distance of 356.93', to a 1/z" steel rod, capped and marked "SOUTEX", found for the most Westerly corner of Tractor Supply Company, recorded in File No. 2015024291, Official Public Records, Jefferson County, Texas; same being the most Northerly corner of PATX, LLC., a 60' wide easement recorded in File No. 2015021743, Official Public Records, Jefferson County, Texas; THENCE, South 52 deg., 59 min., 29 sec., East, on the Southwest line of Tractor Supply Company tract, a distance of 451.31', to a 1/2" steel rod, capped and marked "SOUTEX", found for the most Southerly corner of said Tractor Supply Company tract; THENCE, North 37 deg., 00 min., 34., East, on the Southeast line of Tractor Supply Company tract, a distance of 341.95', to a 'A" steel rod, capped and marked "SOUTEX", found for the most Easterly corner of said Tractor Supply Company tract; THENCE, North 53 deg., 00 min., 05 sec., West, on the Northeast line of said Tractor Supply Company tract, a distance of 451.27', to a %" steel rod, capped and marked "SOUTEX", found for the most Northerly corner of said Tractor Supply Company tract on the Southeast right of way line of said FM Highway 365; same being the Southeast line of the (Called 2.324)acre tract; THENCE, North 37 deg., 00 min., 44 sec., East, on the Southeast right of way line of said FM Highway 365; same being the Southeast line of the (Called 2.324) acre tract, a distance of 527.58', to a Y2" steel rod, capped and marked "SOUTEX", set for the most Westerly corner of Tract 8-C of Park Central Boulevard Plat 124' wide right of way, recorded in File No. 2014008395, Official Public Records, Jefferson County,Texas: THENCE, South 53 deg., 00 min., 06 sec., East, on the Southwest line of said Tract 8-C, a distance of 1979.82', to a 'A" steel rod, capped and marked "Gates", found for the most Southerly corner of said Tract 8-C; THENCE, North 37 deg., 01 min., 53 sec., East, on the Southeast line of said Tracts 8-C & 8-B of said Park Central Boulevard Plat, a distance of 780.02', to a 'A" steel rod, capped marked "Gates", found for the most Easterly corner of Tract 8-B, and being an interior corner of the herein described tract; THENCE,North 53 deg., 00 min., 06 sec., West, on the Northeast line of said Tract 8-B and 8- A of said Park Central Boulevard Plat, a distance of 1978.90' to a 1/2" steel rod, capped and marked"SOUTEX", set for the most Northerly corner of Tract 8-A on the Southeast right of way line of said FM Highway 365, same being the Southeast line of the (Called 2.324)acre tract; THENCE, North 36 deg., 23 min., 48 sec., East, on the Southeast right of way line of said FM Highway 365, same being the Southeast line of the (Called 2.324) acre tract, a distance of 130.30',to a'A" steel rod, capped marked"SOUTEX", set for corner; THENCE,North 37 deg., 15 min., 26 sec., East, continuing on the Southeast right of way line of said FM Highway 365, same being the Southeast line of the (Called 2.234) acre tract, a distance of 675.44', to a '/z" steel rod, capped and marked "SOUTEX", found for the most Westerly corner of a(Called 1.42) acre tract of land described in a deed to Path Realty, LLC, recorded in File No. 2019021977, Official Public Records, Jefferson County, Texas; said '/2" steel rod being the most Northerly corner of Tract II,non-exclusive ingress-egress,File No. 2019021977; THENCE, South 53 deg.,26 min., 29., sec.,East, on the Southwest line of the(Called 1.42)acre tract, a distance of 386.67', to a %" steel rod, capped and marked "SOUTEX", found for the most Southerly corner of the(Called 1.42) acre tract; THENCE, North 37 deg., 21 min., 12 sec., East, on the Southeast line of the (Called 1.42) acre tract, a distance of 159.79', passing a '/2" steel rod, with an orange cap, found for the most Easterly corner of the (Called 1.42) acre tract, same being the most Southerly corner of a(Called 2.00) acre tract of land described in a deed to Auslyn Enterprises, Inc, recorded in File No. 2000039603, Official Public Records, Jefferson County, Texas; continuing for a total distance of 384.70', to a %" set steel rod, found for the most Easterly corner of the (Called 2.00) acre tract, on the Southwest line of a (Called 10.56) acre tract of land described in a deed to Jefferson County Drainage District No. 7, recorded in File No. 2003029586, Official Public Records, Jefferson County, Texas, said 'A" steel rod, being the most Northerly Northeast corner of the herein describe tract; THENCE, South 53 deg., 24 min., 46 sec., East, (Called South 48 deg., 46 min., 10 sec., East), on the Southwest line of the (Called 10.56) acre tract, a distance of 2143.84' to a nail found in concrete for corner; THENCE, South 53 deg., 29 min., 37 sec., East (Called South 48 deg., 54 min., 40 sec., East), continuing on the Southwest line of the (Called 10.56) acre tract, a distance of 1318.05' (Called 1318.47'), to a '/2" steel rod, capped and marked"SOUTEX", set for the most Easterly corner of the (Called 319.48) acre tract; said 'A" steel rod, being the most Easterly corner of the herein described tract; THENCE, South 36 deg., 38 min., 03 sec., West, (Called South 41 deg., 14 min., 10 sec., West), on a portion of the Northwest line of the (Called 10.56) acre tract, a distance of 890.64' (Called 890.83'), to a '/2" steel rod found for an angle point on the Northwest line of the (Called 10.56) acre tract; said %" steel rod being on the Northeast line of a (Called 3.58) acre tract of land described in a deed to Barbara Booz Hayes, recorded in File No. 2002006051, Official Public Records,Jefferson County,Texas; THENCE,North 22 deg., 04 min., 11 sec., West, (Called North 17 deg., 24 min.,40 sec., West), on the Northeast line of the (Called 3.58) acre tract, a distance of 296.02' (Called 295.93') to a 5/8" steel rod found for the Northeast corner of the(Called 3.58)acre tract; THENCE, South 67 deg., 59 min., 32 sec., West, (Called South 72 deg., 35 min., 30 sec., West), a distance of 999.40' (Called 999.32'), to a 5/8" steel rod found for the Northwest corner of a (Called 13.79) acre tract of land described in a deed to Barbara Booz Hayes, recorded in File No. 2002006051, Official Public Records, Jefferson County, Texas; THENCE, South 21 deg., 59 min., 54 sec., East, (Called South 17 deg., 24 min., 30 sec., East), on the West line of the (Called 13.79) acre tract, a distance of 905.63' (Called 905.26'),to a 1/2" steel rod, found on the Northwest line of a(Called 80.00)acre tract of land described in a deed to Sabine Neches, Inc, recorded in Film Code 101-71-0751, Official Public Records, Jefferson County,Texas; THENCE, South 36 deg., 38 min., 49 sec., West (Called South 41 deg., 14 min., 20 sec., West), on the Northwest line of the (Called 80.00) acre tract, a distance of 1784.09' (Called 1783.45')to a 'A" steel rod found for the most Westerly corner of the (Called 80.00) acre tract on the North line of Jefferson County Drainage District No. 7 (Called 5.478) acre tract; said 'A" steel rod being the most Southerly corner of the herein described tract; THENCE,North 53 deg., 25 min., 58 sec., West (Called North 48 deg., 52 min., 05 sec., West), on the Northeast line of the (Called 5.478) acre tract, a distance of 1327.60' (Called 1327.19'),to a'A" steel rod, capped and marked"SOUTEX", set for corner; THENCE, North 37 deg., 20 min., 35 sec., East, (Called North 41 deg., 20 min., 35 sec., East), continuing on the Northeast line of the (Called 5.478) acre tract, a distance of 4.96' (Called 5.00'),to a'A"steel rod, capped and marked"SOUTEX", set for corner; THENCE,North 50 deg., 04 min., 21 sec., West(Called North 45 deg., 35 min., 15 sec., West), continuing on the Northeast line of the (Called 5.478) acre tract, a distance of 527.00' (Called 527.23')to a 'A"set rod, found for corner; THENCE,North 50 deg., 49 min., 47 sec., West, (Called North 46 deg., 11 min.,20 sec., West), continuing on the Northeast line of the (Called 5.478) acre tract, a distance of 918.46' (Called 918.14')to a'A"steel rod, capped and marked"SOUTEX", set for corner; THENCE,North 40 deg., 55 min.,48 sec., West (Called North 36 deg., 18 min., 15 sec., West), continuing on the Northeast line of the (Called 5.478) acre tract, a distance of 157.85' (Called 157.78')to a'A"steel rod found for corner; THENCE,North 23 deg., 55 min.,48 sec., West (Called North 19 deg., 21 min., 10 sec., West), continuing on the Northeast line of the (Called 5.478) acre tract, a distance of 1089.74' to the POINT OF BEGINNING and containing 274.9 acres of land,more or less. SAVE AND EXCEPT that 0.5833 acre tract of land, conveyed by Special Warranty Deed dated 5-27-2025, filed 5-27-2025 under County Clerk's File No. 2025-13518 Official Public Records of Jefferson County,Texas; executed by MBV Real Estate,LLC in favor of Path Realty,LLC. NOTE:THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. RECORD OWNER: MBV Real Estate, LLC, a Texas limited liability company LIENS: None found of record. MISCELLANEOUS: 1. As to Bankruptcies,this Report is limited to filings of record in the United States Bankruptcy Court for the Eastern District of Texas(Beaumont Division). 2. As to Uniform Commercial Code filings, this Report includes a search of the Official Public Records of Jefferson County, Texas, only, and specifically excludes all other Uniform Commercial Code filing venues. 3. Texas Regional Title disclaims any warranties, expressed or implied, concerning this Report. Texas Regional Title's liability for errors and/or omissions in this Report shall be limited to the amount paid for this Report. By accepting this Report, the requesting party agrees that the disclaimer of warranties and liability limitation contained in this paragraph is a material part of its agreement with Texas Regional Title and shall cover all claims and actions, whether arising hereunder by contract, statute,or common law. TEXAS REGIONAL TITLE. LLC It is It .. _ti., : .. Authorized Signatory EXHIBIT 5 R..-A4 o-3, . Cn :"�' ,;':,Mrs M '-,F. 5 u k, ,. . el .414' 1.,....,I,;.,'T....., : ,....,,,„,...:,., '.' . . / , .. 7- v. k: " M . • F. 0 \t" ' PROPOSED POND SITE 1 ., ate. :.. .Y.., (NOT SHOWN TO SCALE) rt f _ � W . ! , .. \ k*.'. .5.,. ,- . PARK CENTRAL BLVD. "' . }`; Y' 'PROPOSED JIMMY JOHNSON ;BLVD. EXTENSION L t. 4 r • k 44, .. ., ..,., . , . . . . ,., . . . : .......,...„ . .. '-` PROPOSED POND SITE 2 ., ® (NOT SHOWN TO SCALE) 4 - DRAINAGE DISTRICT NO. 7 MAIN "C" CANAL yf t s+±'T TITLE vROJ.N0. 0 , EXHIBIT C 23-0080 3737 Doctors Drive SCALE '`:�'47 OUTDC SITE LOCATIONS NTS —.- Port Arthur,Texas 77642 uA 12/31/25 t T1.409.983.2004 � -�s. DRAWN BY �.:. SURVEYORS&ENGINEERS Fax-409•983•2005 CITY OF PORT ARTHURCHECKED e J /d soutexsurveyors.com JIMMY JOHNSON EXTENSION AML T.B.P.E.FIRM/5755 SHEET T.X.LS.ARM/10123800 4D RIGHTS REEFRWD 1 OF 1