HomeMy WebLinkAboutPR 14120: BUSINESS PARKinteroffice
MEMORANDUM
To:
From:
Date:
Subject:
Mayor, City Council, City Manager
Floyd Batiste, CEO
April 20, 2007
P. R. No. 14120; Council Meeting of April 24, 2007
Attached is P. R. No. 14120 as it pertains to amending the City of Port Arthur
Section 4A Economic Development Corporation Covenants and Restrictions of the Port Arthur
Business Park by revising the Landscaping and screening requirements for Port Arthur Business
Park located at 9555 W. Port Arthur Road. This was approved by the PAEDC Board of
Directors at their April 4, 2007 regular meeting. I concur with the proposed changes of the City
Attorney as delineated in Exhibit "C".
z.prl4120.memo
P.R. No. 14120
4/20/07 mts
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO AMENDING
THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
COVENANTS AND RESTRICTIONS OF THE PORT
ARTHUR BUSINESS PARK PERTAINING TO
LANDSCAPING AND SCREENING REQUIREMENTS
FOR PORT ARTHUR BUSINESS PARK LOCATED AT
9555 W. PORT ARTHUR ROAD
WHEREAS, the City of Port Arthur City Council approved the Covenants and
Restrictions of the Port Arthur Section 4A Economic Development Corporation Business
Park located on 9555 W. Port Arthur Rd. per Resolution No. 05-356, which are attached
as Exhibit "A"; and
WHEREAS, the City of Port Arthur Section 4A Economic Development
Corporation Board of Directors finds the need to further detail and enhance lawn care,
landscaping, and screening within the Port Arthur Business Park property for the
aesthetic and visual image of the Business Park; and
WHEREAS, the amendment to the landscaping and screening requirements for
the Business Park as denoted in Exhibit "B", were proposed by Mr. Batiste and approved
by the Board of Directors of the City of Port Arthur Section 4A Economic Development
Corporation at their April 4, 2007 meeting, and
WHEREAS, Mr. Batiste agrees to the changes recommended by the City
Attorney noted in Exhibit "C".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR, TEXAS:
z.pri4120_landscaping requirements
.Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the Covenants and Restriction of the Port Arthur Business Park
shall be amended to include Landscaping and Screening Requirements as denoted in
Exhibit "C", with the changes as recommended by the City Attorney.
Section 3. That said deed restrictions shall be filed prior to any new incentive
agreements at the Business Park being executed.
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED ON THE __ day of
A.D. 2007, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by
the following vote:
AYES:
MayoL
City Council:
NOES:
OSCAR ORTIZ, MAYOR
Attest:
EVANGELINE GREEN, CITY SECRETARY
z.prl4120_landscaping requirements
APPROVED:
FLOYD BATISTE, EDC CEO
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
z.prl4120_landscaping requirements
EXHIBIT "A"
z.prl4120 landscaping requirements
EXHIBIT "A"
COVENANTS AND RESTRICTIONS
PORT ARTHUR BUSINESS PARK
11/30/05
The City of Port Arthur Section 4A Economic Development Corporation (PAEDC) is the
owner of the Port Arthur Bnsmeas Park (Business Park) PAEDC has determined that It is m 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
bnsmess park.
CONDITIONS OF SALE
Each parcel sold or conveyed to a user by PAEDC is for the purpose of development of
famhhas and occupancy by a user. evolo merit of facflfacs (braidings) for user occupancy
muSt be completed wlthm ci~.ht~u months of purchase If there is an mcentive agreement vath
thc PAEDC, the construction must be completed within thc tm~etables of the /ncentivc
agreement. If construchon has not been completed in the period specified, PAEDC shall havc
the opBon to repurchase the property on the barns of reversing (or rescinding) the terms of the
on~nal sale, including puce This option may be exercised at any tm~e subsequent to the fmhire
of constructmu to be completed by the specified date Exercise of the option yell be by formal
action of the PAEDC Board Delivery of written notice of exercise of tins 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 properD, la the Business Park v~shes to sell or assagn the
propeWJ to a tlm'd party, the owner or lessee shall obta/n the approval of the PAEDC Board of
Dlrestors, w~th such approval not to be unreasonably withheld The owner or lessee shall present
information as to the financial and crecht information as to the new buyer or assl~nce and such
other reformation as reasonably requested by the PAEDC Chief Executive Officer (CEO) The
new owner or lessee shall be reqmred to assume the obhgatmns m the incentive agreement, with
such changes as are approved by the PAEDC Board of Dxrectors.
If the owner or lessee w~shes to subdw~de and sell or assign only a portion of~ts proper~y
to a third party, the owner or lessee shall obtain the approval of the PAEDC Board of D~recturs
wluch can deny the request at its discretion At the d~seretwn of the PAEDC, the PAEDC shall
have a first opUon to repurchase smd undeveloped pofl~on for thc same cost as delineated in the
incentive agreement or sales agreement and in such addmonal reasonable amounts as to
reimburse the owner for momes that he has expended In maintmmng smd pe~on of the property.
In such case, PAEDC shall have 90 days to notify the owner of its decision an regard to flus
option
Page 1 of 13
LEGAL DESCRIPTION
The Port Arthur Business Park includes all land as described m Appendix A, and on such
other property us approved by PAEDC
TERMS AND DEFINITIONS.
For the ptuposcs of these covmonts and re.stncttons, certain teems, phrases, words and
their derivatives shall have their meaning as specified m this section. ~rhere t~fiie; ale not
defined, they shall have their ordinary accepted meamngs w~thin the context w~th wluch they are
used Webstcx's Ninth New Collegiate Dictionary, Copyright 1987, shall be considered as
providing ordinary accepted mcamng
(1) Board C~ty of Port Arthur Section 4A Econurmc Development Corporation Board of
D~recturs
(2) Budding. Any structure built for thc support, shelter and enclosure of persons, ammals,
chattels or movable property of any kind When subdivided m a tnanner suffiment to prwent the
spraed of fire, each portion so subchv~ded may be deemed a separate btnldmg.
(3) City council The govermng and legislative body o£th¢ City of Pon Arthur
(4) D~trtct A section of the City of Port Arthur for winch the regulations governing the
height, area or use of the land and buildings are uniform
(5) Height The yes, leal distance of a bmldmg measured frotn the average astabhshed grade at
the strut line or from the average natural front yard ground level, whtchever is higher, to (1) the
h~ghest point oftbe roots surface ~fa flat surf~e, (2) to the deck line of mansard roofs; or (3) to
the mean height level between eaves and ridge for htp and gable roofs, and, tn any event,
excluding chimneys, cooling tower% elevator bulkheads, penthouses, tanks, water towers, radto
towers, ornamental cupolas, domes or spxras and parapel walls not exceeding ton feet m herght. If
the street grade has not becn officially astabhshed, the average front yard shall, be used for a base
level
(6) Lot Land o~cuplcd or to be occupied by a building and its accessory bmkhngs, and
including such open spaces as are required under these covenants and reslnctious and hawng its
prmcq~al frontage upon a pubhc s~eat or officially approved place
(7) Occupancy The use or mtanded use of the land or bmldmgs by proprietors or tenants.
(8) Planmng and zomng comrmsston. Thc agency des~guated tn the C~ty Charter as the
planning ¢omnnsslon and appointed by the c~ty eouncd as an adwsory body to it and winch ~s
anthonzed to recommend changes tn the zomng ordinance
(9) Parlang lot or ~mcmre, commercial (motor vefi~cle) An area or struCture devoted to the
parlang or storage of tnotor vein¢les. May include, in the case of a purling sU'ucture only, a
facflxty for semcmg ofmotur vehlelas prowded such faclhty is primarily an internal function for
use only by tnotor vein~les o~upymg the structure and creates no special problems of regress or
egress
(10) Structure Any structure bmlt for the support, shelter and enclosure of persona, ammals,
chattels or movable prop~y of any kind When subd~wded tn a mann~ sufficient to pn.~vent th~
spread of fir~, each pomon so subdivided may be deemed a separate btnlchng
Page 2 of 13
(11) Yard An open space other than a court, on the lot m which a building ~s situated and
winch is not obstructed from a point 30 ~nches above the general ground level of the graded lot to
the sky, except as provided fur roof ov~hang and sLrmlar fcatul~ and for the usual trees and
landscape planhng
(12) Yard, front An open, unoccupied space on a lot facing a street extending across the fron!
of the lot between the side lot lines and from the front face of the bmkhng to the frunt lot or
street hne with the mzmmum horizontal chstance between the street line and the main building
linc as specified for the &stnct m winch it is located The front face of the bmldmg shall not
necessarily be determined by the pnmary access to the braiding or any umt therein.
(13) Yard, rear. An open, unoccupied space, except for permitted detached accessory
buddings, trees and plantmg, extending across thc rear of a lot from one side lot linc to the other
side lot line and having a depth between the bmlthng and the rear lot line.
(14) Yard, side An open, unoccupied space or spaces on one or two sides of a main bu/]dmg
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 tear linc or a front line shall be deemed a side linc.
REVIEW AND APPROVAL OF USES AND IMPROVEMENTS
All uses that occupy parcels and all facilities and improvements constructed m the park
0ncludmg all alterations and add, tiers to the site and such faclhhes and improvements) shall be
subject to approval by PAEDC and may reqmre approval by the C~ty of Port .4~thur. PAI~C
and the City may at their sole d~scretJon revolve other pames in the l-evaew of proposed uses and
improvements In cases where spectahzed evaluations are deemed necessary, PAEDC may
reqmre a fee to covcr the cost of the services of consultants engaged to parform these
evaluahuns. No construction may be lrutiated upon any parcel tn the Business Park until
approval has been granted by pAEDC (and where required, by the C~ty of Port Arthur). Failure
of the user of a parcel to seek approval for developroent plans in a timely manner vail not be the
bas~s for granhng an extension as to the tunetable for constroct~on. Approval means formal
action by the PAEDC Board, (and where required by City Council of the City of Port Arthur)
and thc r~celpt of written confirmation of approval from a competent authonty of these bodies.
Application for approval shall be made tn writing and must contain all submission requirements
specified by PAEDC. Such requirements vail include site plans, building plans and
specifications, and other such lnfonnal~on as PAEDC and the City may request.
Page 3 of 13
PERMITTED OCCUPANCIES
Sites and facthties w~thn the Business Park may be occupied by the uses sp~c~fied m the
following chart (Parcels are as designated on the Business Park Final Plat).
Parcels 1, 2, 3, 5, 7 & 9 - Office, warehouse, d~stnbut~on, hght fabrication and assembly,
recychng, manufactunng and other approved uses
parcel 4 & $ -Office and otha. approved uses.
Parcel 5, 10 - Warehouse, distnbut~on, manufactunng, assembly and other approved
uses
Other uses may be approved by PAEDC a! its sole discretion which includes career
centers and other Dl~es of development as approved by the pAEDC and as authorized by State
Law All occupancies permitted may be subject to addiuonal resmct~ons unposed as a result of
revww of usa' appheat~ons provided that such specific requirements are intended to implement
the restncUons prev~oualy established by the PAEDC ~n these Covenants and Restrictions or
subsequent amendments.
PROHIBITED occuPANCIES
Spec;fically proh~bited uses include manufantunng and process opa.aUons that U'ansnut
norse, or release odors, furnes or dust that toe. nelly exceed City, State, or Federal Standards or
discharge a waste stream that :s not acceptable (due to content or volume) for the City's samtary
sewer system Any use that reqmres onmte treatment of waste m order to meet the above
requirements will be allowed only on the basis ora special use permit from PAEDC, the City of
Pon A.~ur, the TCEQ or the apphcable regulatory agency In general, on s~te tree. ant of
stgtuficant quantiUes of spectal waste wtll not be perrmtted A special use permit may, at the
sole discretion of PAEDC, be granted, condmonal upon continued and demonstmave
conformance to specific requirements and standards Fmlure by the user receiving such
condmtwnal approval to stnctly ~nform to the requirements and standards imposed will be the
bas~s of termtnatson of the special use pcnmt, w~thout recourse by the user Not~ce of
termination of any perrmt required by any regulatory agency (including the C~ty) will requu~ the
user to mmmediately cease all onsite processes that geners~e or contribute to the subject waste
streara
la add~tiou, all exterior site uses including parlang areas, truck maneuvenng and docking
areas, storage and eqmpment yards and the hke will be developed and mamtmned mn sh~ct
conformance vath these covenants and restrictions and w~th the specific terms of approvals
granted by PAEDC and the City of Port Arthur
Page 4 of 13
O
CONSTRUCTION STANDARDS¶ CODES AND ORDINANCES
All unprovcments constructed m the Business Park shall meet or exceed the standards
and or&nances of the City of Port Arthur, S~zte of Texas stalutes and regulations, and national
standards. It shall be the duty of the user of any parcel m the Busine~,,s Park to conform to such
reqmremems and to obtain all an0mvals and pernuts granted by governing anthontles. Such
reqmr~ments include but are not limited to City Bmlchng Permits and local drainage,
envu~onmental and utility requlremants. R~vicw and approval by PAEDC and the City of Port
Arthur under the above pro~suoos for Review and Approval of Uses and Improvements does not
reheve or m~t~gatc m any way th~s separate duty of the user
The owners or lessees of the propa~7 shall take such precaunonS as to commence and
complete the ~mprovements whereto laborers, subcontractors and conttactors are promptly pa/d
vath no materials and mechanic's liens berne filed on the pmpen'y Prior to commencing
construction, the owner or lessee shall prowde to the pAEDC such ewdence of financial ability
to complete the project, which may include letters of credit, and conhactor's performance bonds
and payment bonds.
PROPERTY MAINTENANCE
Owners and Users of parcels and improvernen~ shall p~rform regular and routine
maintenance on these properties Undeveloped parcels shall be k~'pt mowed and free of debris.
Developed parcels (including s~le and faclht~as) shall be maintained m a manner conmstent ,ruth
the users' approved proposal for use and impwvements
Lawns and landscaping shall be kept free of overgrowth, trash and debris Parking or
storage of vehcles, ~utpment or maZenah m areas other than approved outdoor storage ~s
prolublted Areas shall be maintained free of trash, serhment, debris, and abandoned or unsightly
eqmpment
Outdoor storage areas other than those approved by PAEDC are prohibited. Approved
outdoor storage areas shall be well maintained and shall b~ kept neat and orderly in appearance.
Only materials and cqmpment that arc m acUve use at the s~te may be stored on site Storage of
derehct or junked materials, equipment or vetucles onsite m prolub~ted
Bmlchngs and other structures shall be kept in an attractive conthtwn Exterior surfaces
shall be washed and pmnted as reqmr~d to maintain a fresh appearance Exterior materials that
detenorat~ shall be replaced
No open burning of rabblsh is permitted on the site All waste material shall be ennfmed
to trash receph~cles in approved and screened ~ocatlons for removal from the site.
In case of fire or damage from other causes, the owner or lessee shall restore the
lmpwvements wtttun rune (9) months unless granted an extension by PAEDC
Page 5 of 13
INSURANCE
Thc tot owners and lessees sl~l[ maintain c~su~[ty ms--ce tn an amount suffictent to
replace the buildings A copy of the certificate of insurance shall be g~vcn to the PAEDC and thc
p,A~DC shall be hsted as ~ addmonal insured. Iftbe lot owner or lessee fails to mantan or pa)'
for the insurance, the PA.EDC (in tm sole thsereUon) may pay for the costs thereof, assess the lot
owners and lessees, and file liens
ASSESSMENT
Thc lessees and Imvale owners of the land m the Business Park shall pay assessments to
the PAEDC for the maintenance of the street silage and landscaping, the costs to enforce these
deed restncUons, and the costs to maintain business park, such assessments shall be a nummum
of $200 per acre per year and shall be payable on or before December 31'* of each year
Addlhonal assessments, as detemuned by the PAEDC Board of Directors shall not exceed the
actual proportwnatc share of the expenthtures made by the PAEDC plus a 10% admimstrahve
fee The propofl~onate share shall be the number of acres owned or leased d~vided by 246
cONTINUATIONS, AMENDMENT AND VARIATION OF COVENANTS AND
RESTRICTIONS
These covenants and restrictions shall remain m force on all parcels and shall be binding
on all current and fulure owners and lessees of parcels w~thm the Business Park Variation m
these covenants and restnctwns ~s limited to one of the follovnng methods.
pAEDC (subject to the appwval of the City of Port Arthur) may from t~me to tnne amend
the prowslons, covenants and resmcUous
PAEDC may in/ts sole discretion grant variances to these prov~sions, covenants and
resmctwns as a part of the approval of the Rewew and Approval of Use and
Improvement process Such yanances must be requested m wntmg by the user of the
parcel, pA_HDC will notify ail adjacent parcel owners of the request for vanation by
posting such notice and will receive and consider comments from such parcel owners m
evaluating such variances It is the intent of PAEDC to miuutam the general character
and intent of the provisions, covenants and restnctwns and to comply w~th Artwle S 190 6
V T.CA
Page 6 of 13
Bmldmg sues of individual us~s must be planned to have an attracUve maage and must
be well mamtamod The following requirements shall apply to the d~velopment of sxt*s ~nthm
the Busmeas park
~-~te~o ~ .].~eouiremen~
Set Backs Braiding Street Frontage 45 feet
Side and rear lot lines 15 feet
Paving S~'eet Fmnta$c 20 feet
Stdo and rear lot lines No requn-ement
Landscaping All non paved areas Maintained lawns
Street Fron_.__~U ;e I ~._L.~L~r 100 feet of frontage - 2 tach c~.~p~
-Paving paring Automobile Concrete
Trucks and Tratlers Concrete
Aprons and maneuvering areas Concrete
Access and Entry A~ ~p~o-¢ed by PAEDC
May not conflict with street traffic or access to adjacent
sites
All com~ec~ons ~nd serwce u~d~,found and
Utihtles Eqmpment (transformers etc) screened fxom public
VIOW
Outdoor T Not allowed forward of the hue of thc budding face
Fully screened from frontage wtth berms, planting or
Yards and walls conslraeted m conformance vath standards for
Storage front faco ofbmldm.t,a
M'es
Area Parcels 1, 2~ 3, 5, 7, 9 No larger than the ar~a of the bmldm$
Lim~tahon$ Parcels 4, 8 Not penmtted
Parcel 6, 10 No Imait
Fencing Side and rear yards only
Visible fi.om Street Decorative iron or as alJp~oved by PAEDC (no wood
fences permitted)
Side and rear Chum hnk or as approved by PAEDC (no wood fences
i perrmtted)
,amcfllary Structures and Equipment Constructed to meet apphcabl¢ bmldm8 stand~ud~ ,
Tanks, trash receptacles and other ~xtmpment acr~ned
fi.om pubhc view .
Mml boxes as approved by PAEDC
Flal~poles as approved by PAEDC
Pole or bmlchng mounted hghtmg
Lighting All hghtmg will be natural in color (no uncorrected
ba~h pressure sodium fixtures)
Lighting must be controlled to prevent glare as ae~m
fi'om adjacent public ways and adjacent prol~rhes
Page 7 of 13
Drmnage
Slgnagc
Site Mounted Signs
Budchng Mounted S~gns
Surface drm~iage must be controlled vathm site'
Discharge into ~e wa~ ~ a~ved by
r~mlh[e
~1 si~ mua be app~wd by P~
May be mt~ly or ~tem~ly
May not he
Maximum of 6 feet m height
Base no more than 2 feet above ~round
No closer than 10 feet to pwperty line
Compatible vath bulldin~ color and materials
Inte~'ated and compatible wflh laudacapm$
Not painted on bmlchn5
May not extend beyond braiding profile
Must he compatible is size, color and material with
bmldin~
BUILDING DESIGN AND CONSTRUCTION
Building design including all extenor materials and colors must be atWactive, compatible
with adjacent development and be approved by the PAEDC
Exterior Matenals
Walls Facing FwntaSe and Public Ways
-Walls Facing Side and Parcel 1, 2, 3,
~ Rear Yards 5, 6, 7, 9, I0
I Parcel 4, 8
Roofing Materials
~'~ Rooftop ~2,k,iii~n~
Awnings and Canopies
Exterior Colors
, Exeept for mm and accents, no wood vall be p~nmitted
Concrete or masonry
Concrete, masonry, or metal panels
Concrete or masonry
Any roof surface that is exposed to public vieW must be apFw,,~5
by PAEDC
No more than five feet in height and screened fi.om pubhc wow
Compatible with bmldn~ design and approved by PAEDC
Exterior surfaces vail be predominately neutral or natural eolor~J
Bright accent or mm colors writ b~ considered by the PAEDC.
Page 8 of 13
ENFORCElVlENT OF COVENANTS AND RESTRICTIONS
Determination regarding the meamng, apphcshfl~ty and enforcemem of these covenants
and restrictions ~s the sole domain of PAEDC Board of Directors. lnqmry in regard to such
matters shall be made to PAEDC in writing A determination rendered in writing by PAEDC
Board of Dxrectors shall bc deemed final and b~nchng on all part~es.
Enforcement of thc prowslonS, covenants and reatncttons shall be m a~cordance voth law
or through civil or criminal proceedings imtiated by PAEDC or by thc City of Port Arthur.
Enforcement actwn may include but la not lumted to restraint of wolatwns, recovery of costs,
attorneys fees and damages, assessmealts, fineS, civil penaltieS, foreclosure, and luchcial 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
All that certain tract or parcel of land lying and being situated m 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,
Blod<.s 14, 15 and 16, Range O, and Blocks 15 and 16, Range P of the Lands ofthe Po~t
Arthur Land Co, the plat of which said subdMs~3n 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 "McFaddm and Cordts" tract, which said McFaddin and Cordts tract is
designated "TRACT NO. 18-C" and ~s described in that certain ~nstmment from W P H
McFaddln, Jr, and J.L.C McFaddm, as Trustees of the McFaddm Trust to J.L.C. McFaddm,
Di McFeddin Houk, Perry McFaddin Duncan, W P H. McFaddm Jr, Marne McFeddin Ward,
Cameha B. McFaddm and Di Vemon McFaddm Cordts, W.P H, McFadden Jr., and J L.C
McFaddin, jo~nUy, and Mamie McFaddin Ward, W P H. McFaddin, Jr., J L.C McFadden, and
Camelia B. McFaddin and Di Vernon McFaddm Cordts, jo,ntly, dated February 26, 1948 and
recorded in Votume 692, Page 22 of the Deed Records of Jeffemon County, Texas, and
which sa~l 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
sa~d plat ~s of record m Volume 8, Page 110 of the Map Records of Jefferson County, Texas,
and being a part of that certain tract of land hereto referred to as the "Cordts" tract, which
said Cordts tract is descnbed ~n that certain instrument fi'om E.G Cordts, Jr., Independent
Executor of the Estate of DI Vernon McFaddm Berly to E,G Cc~lts. Jr., Co,lOCh Clave
Cordts and Anna Camei~a Cordts, dated September 13, 1994 and recorded under County
Clerk's File No 94-9432523 of the Official Publm Records of Real Property of Jefferson
County, Texas, and the said tract herein descnbed being that exact same certain tract of
land hereto referred to as the "PAEDC" tract, which said PAEDC tract is described in that
certain instrument from E G. Cordts, Jr., , Colleen Clare Cordts Rtce .... and Anna
Cameha Cordts Edwardson, to Port Arthur Economic Development Corporation, dated
February 28, 2001 and recorded under County Clerk's File No. 2001007554 of lfle Official
Public Records of Real Property of Jefferson County, Texas, and the said tract herein
descnbed being more partmularly descnbed as follows:
BEGINNING at a ~ron rod v,qth a Texas Deperlment of Transpodation aluminum cap
(TxDOT Type 1 Monument) found for the southeast comer of the said tract hereto
Page 10 ofl3
described, the sa~l comer being the southeast comer of the said PAEDC tract, and the
comer also being the most southedy southwest comer of that cadam tract of land heran
referred to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and
described m that certain mstnJment from E.G Cordts, Jr, Colleen Clare Cordts Pace 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 Reoords of Real Property of
Jefferson Counbj, Texas, and the sa~ comer being ~n the no,th line of that certain tract of
land herein referred to as the "Parcel 32" tract, which said Parce~ 32 tract is so designated
and is described in that certain instrument f~om The Mamie McFaddin Ward Hentage
Foundabon to Jefferson County, dated December 12, 1996 and recorded under County
Clerk's File No 96-9638512 of the Offical Public Records of Real Property of Jefferson
County, Texas, the said corner being an interior angle point comer in the southwestady
right-of-way line of Texas State H~hway Spur 93, and the said TxDOT Type I Monument
found for comer being East (Assumed Baas of Beanngs - called South 89° 37' 00" East)
along and with the south line of the said PAEDC tract, sa~d north line of the Parcel 32 tract
and north line of that certain tract of land herein mfen-ed to as the "Ward" bact, which said
Ward tract is deagnated "TRACT NO. 19-C" and ~s described in the hereinbefore referenced
ins~ument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County,
Texas, and which sad TRACT NO. 19-C is indicated on the hera~nbefore ~eferenced plat of
record m 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 w~th a yellow cap
stamped "RPLS 3636" found for reference;
THENCE. West (called North 89° 37' 00" West) along and with the sa~d 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 t6.92 feet) a 5/8" iron rod found for the most norlherly
northwest comer of the sa~d Parcel 32 tract, the sa~:l comer being an exterior angle point
comer in the sar southwestady 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" ~ron rod wf(h a yellow cap
stamped "RPLS 3636" found for reference at the southeast comer of that certain tract of
land herein referred to as the "TRACT 196-.A" tract, which said TRACT 196-A tract ~s so
designated and ~s described in that certain ~nstmment (titled "RIGHT-OF-WAY
~T") from Di Vernon McFaddin Kibedeaux, formerly Di Vernon McFaddm Cordls,
joined thereto by her husband, Oren J. K~bodeaux to Jefferson county Drainage Dk~nct No.
7 dated January 4, 1968 and recorded in Volume 1531, Page 123 of the Deed Records of
Jefferson County Texas, and pass~ng at a distance of 5,430 99 feet (called 5,431.07 feet)
the hereinbefore said 5/8" ~ron md with a yellow cap stamped "RPLS 3636" found for
reference at the southwest comer of the sar TRACT 196-A. tract, and continuing (West)
along and wdh the sa~J south hne of the PAEDC tract and north line of the Ward tract, a total
distance of 5,545 27 feet (called 5,545.35 feet) to a point for the southwest comer of the said
tract herein descnbed, the sa~l comer b~ng the southwest comer of the said PAEDC tract,
and the sa~ comer also being the northwest comer of the sa~d Ward tract, and the said
comer being in the easterly hne of that certain tract of land here~n referred to as ~ 'q'RACT
A" tract, which sa~d TRACT A tract ~s so des~nated and ~s descnbed 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 sar comer being m the centerlme of Rhod~ar Gully,
Page Il of 13
THENCE North 12° 17' 39" West (celled North 11° 54' 13" West) along and with the
westerly I~ne of the saki PAEDC tract, the said easterly I~ne of the TRACT A tract and said
canterllne of Rhodar Gully, a distance of 724.96 feet (celled 724 92 feet) to a point for the
most westerly northwest comer of the sad tract herein des(abed, the said comer being the
most westedy northwest comer of the said PAEDC tract, and the said comer also being the
most southerly comer of that certain tract of land herein referred to es the "J.L.C. McFaddin"
tract, which sad J L C. McFadden tract rs des~nated "TRACT NO. 12-Q" and rs described in
the hereinbefore referenced instrument recorded In Volume 692, Page 22 of the Deed
Records of Jefferson County, Texas, and which saki TRACT NO 12-~. ~s indicated on the
hereinbefore referenced plat of record ~n 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 w~th the
most westerly northwest line of the said PAEDC tract and most southerly southeast line of
the said J.L.C. McFaddln 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 nortY~est
corner of the hereinbefore said TRACT 196-A tract, and pass~ng at s distance of 736.10 feet
(called 735.85 feet) a 5/8" ~ron rod wKh a red plasbc cep stamped "S&P tNC" sat for
reference at the northeast comer of the said TRACT 196-A tract (and which said 5/8" ~ron
rod w~th a red plastic cap set for reference ~s North 37° 58' 15" West a distance of 0.39 feet
from a 5/8" ~ron rod with a yeltow cap stamped "RPLS 3636" found for reference), and
continuing (North 39° 57' 00" Ease) along and with the said most westerly no,wrest line of
the PAEDC [Tact and most southerly southeast hne of the J L C McFaddin tract, a total
distance of 3,925.49 feet (celled 3,925.61 feet) to a ½" iron rod found for the most northerly
comer of the saK~ tract herein described, the sa~d comer being the most nodherly comer of
the said PAEDC tract, and the sa~d comer also being the most westerly comer of that certain
tract of land herein referred to as the "Bametta - 1483/177" tract, which said Bametta -
1483/177 tract is descobed 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 sad PAEDC tract and southwesterly line of the saki
Bartnette - 1483/177 tract, a distance of 1,317 60 feet (called 1,317.54 feet) to a ½" iron md
found for an ~ntenor comer of the sad tract herein described, the said comer b~ng an
inter~or comer of the said PAEDC tract, and the said comer also being the most southerly
comer of the sa~d Bamette - 1483/177 tract,
THENCE North 40° 07' 58" East (called North 40° 33' 04' East) along and with ~e
most eastedy northwest line of the said PAEDC tract and southeasterly line of the said
Bamette - 1483/177 tract, a d~stance of 151 95 feet (celled 151.86 feet) to a 5/8" iron md
with a yellow cap stamped "RPLS 3636" found for the most easterly northwest comer of the
sa~d tract herein descnbed, the sa~ comer being the most easterly northwest comer of the
said PAEDC tract, and the said comer also being the most westerly comer of that cedain
tract of land herein referred to as the "Bamette - 1483/176" tract, wh,:h said Bametfe -
1483/176 tract is descnbed in that certain ~nstmrnent from D~ Vernon McFaddin Cordts
joined therein by her husband, Edwin G. Cordts to N K Bamstte, Jr. dated Octof3er 11, 1966
Page 12 of 13
O
and recorded in Volume 1483, Page 176 of the Deed Records of Jefferson County, Texas.
and the said 5/8" iron rod wrth a yellow cap stamped "RPLS 3636' found for comer being
South 40~ 11' 19" West (called South 40~ 33' 04" West) along and vath the sa~d
southeastarly line of the Bamette - 1463/177 ir'act, northwesterly line of the satd [$arnette -
14831176 tract and southeastedy line of that carlson tract of land herein referred to as the
"LNVA" tract, wh~;h sa~d LNVA tract ~s described m that certain instrument from Gulf
Refining Company to the Lower Neches Valley Authority dated Apnl 8, 1975 and recorded in
Volume 1876, Page 290 of the Deed Records of Jefferson County, Texas, a total dmtance of
499.44 feet (called 500 00 feet) from a 5/8" tron rod found for the most northerly comer of
the sa~d Bamette - 1483/176 tract, the sa~d comer also being the most easterly comer of the
smd LNVA tract, and lhe sa~d comer being in the hereinbefore sa,:l southwesterly right-of-
way line of Texas State Highway Spur 93,
THENCE S(x~ 83° 44' 08" East (called South 83° 21' 55" East) along and vath the
most eastedy north line of the smd PAEDC tract and southerly line of the sa~ IBametta -
1483/t 76 tract, a d~stance of 557.12 feet (called 557 12 feet) to a 5/8" iron rod found for the
most northerly northeast comer of the sa~ tract herein described, the said comer being the
most northerly northeast comer of the said PAEDC tract, and the sail comer also being the
most northerly northwest comer of the hereinbefore sa~ Parcel 31 tract, and the said comer
being in the said sout)hwesterly right-of-way line of Texas State H~l'~vay Spur 93, and the
said 5/8" iron rod found for comer being South 27° 38' 14" East (called South 27° 11' 44'
East) along and w~th the sa~l 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' ~ron rod
found for the most northerly comer of the Bametta - 1483/176 tract and most easterly comer
of the LNVA tract;
THENCE Soulfl 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 H~ghway Spur 93, a total
d~stanca 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, mom or less
Prepared by
Schaumburg & Polk, Inc
E James Yerrctt,
Registered P~of~ssmnal Land SurveyorNo 1781
Page 13 of 13
2OO6
Eh Roberts, President
Ctty of Port Arthur Sechon 4A Economic
Development Corporation
2O06
sWORN and SUBSCRIBED to on th,s the /~. day ofg_/~_~4 Iff ,
N~bh~ m and for the State of exas
2OO6
SIGNED and AGREED to on this the ! O'[~day of~
City r .
Development Corporatton
SWORN ana SUI~SCRmI~D to on th~s the f~fff~
2006.
ry Public
~n'and for the State of Texas
FZLED RND RECORDED
0
PORT RRTHIJR
DEVELOPtlENT
P 0 BOX 3934
pORT PI~I'HUR TX
EXHIBIT "B"
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 to be approved by development services before issuance of the
building permit.
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.
(2) The footprint of all existing and proposed structures.
(3) Remaining and/or proposed site elements such as power poles, fences, walls,
drainage swales, easements, sidewalks, parking lot layout, pedestrian walkways,
and other such elements.
(4) A schedule identifying name, size, number, and location of all landscape
elements.
(5) Name, location and size of existing trees, and type and location of other
vegetation proposed to remain for credit purposes.
(6) The size and location of the parking lot and the number of spaces, and how
the owner proposes to address the interior landscaping requirement.
(7) Such other information as may be reasonably necessary to administer and
enforce the provisions of this ordinance.
(8) Drawn at a scale of one (1) inch equals twenty (20) feet or greater.
(c) Irrigation required.
(1) All buildings 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.
z.prl4120 exhibit B
(d) Certificate of occupancy. No certificate of occupancy for new construction shall be
issued or final approval of parking lot expansion made unless complying 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) ClassA tree. A tree with a mature height of thirty (30) feet or more. See
recommended list.
(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.
z.prl4120_exhibit B
(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.
(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 often (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.
z.prl4120_exhibit B
(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.
(h) Landscaping of off-street parMng.
(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 often (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 fight-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.
z.prl4120 exhibit B
1. A minimum width of three (3) feet is required for the bed containing
the planted screen.
m. The required three-foot high screen, if planted shall be maintained at
no less than three (3) feet high.
(3) An increase in the size of an existing parking lot by twenty-five (25) percent
in the number of parking spaces or more shall require the entire parking lot, in
addition to the twenty-five (25) percent expansion, to be brought into compliance
with this section.
a. A turf area is to be located between the paved or curbed portion or
sidewalk of the adjacent street right-of-way and the front property line.
b. The landscape planting strip shall not be used for parking, but can be
crossed with driveways providing direct ingress and egress to the
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 often (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 development services.
(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
z.prl4120_exhibit B
(11) Any request for a modification to the terms of this ordinance must be
submitted in writing and be responded to in writing by the development services
manager.
(k) Letter of credi&
(1) A letter of credit may be utilized when the landscaping improvements
required by section 30-31 have not been completed prior to the issuance ora
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
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 government
body may thereupon declare the letter of credit in default and require that all
of the improvements be installed.
TREES FOR PORT ARTHUR BUSINESS PARK
ClassA 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 peunsylvanica
Live Oak Quercus virginiana
z.prl4120_exhibit B
Sawthooth Oak Quercus
Loblloly Pine (back property only) Pinus Taeda
Nuttall Oak Quercus Nuttallii
Pecan (back property only) Carya illinoinensis
Red Maple Acer rubmm 'Drummondii'
Sabal Palms, Florida Fan Palm/cabbage Sabal palmetto
Palm
Shumard Oak Quercus Shumardii
Slash Pine (back property only) Pinus Elliottii
Southem Red Oak Quercus falcata
Spruce Pine (back property only) Pinus glabra
Swamp Chestnut Oak, Cow, Basket Quercus Michauxii
Washingtonia Palm Washingtonia robusta
Water Oak Quercus nigra
White Oak Quercus alba
Willow Oak Quercus phellos
Windmill Palm Tracycarpus fortunel
Class B Tree:
Less than thirty-foot mature height
Eight (8) to ten (10) feet height when planted
Common Name Latin Name
American Holly Ilex opaca
Chinese Fan Palm Livistona chinensis
Chinese Pistachio (back property only) Pistacia chinesis
Crape Myrtle Lagerstroemia indica and hybrid
Flowering Pear (side/back property only) Pyrus Calleryana 'Bradford', 'Aristocrat'
Japanese Evergreen Oak Quercus glauca
Parsley Hawthorn Crataegus Marshallii
River Birch Betula nigra
Texas Redbud Cercls canadens~s Texens~s
z.prl4120_exhibit B
Tree Ligustrum Ligustrum lucidum
Wax Ligustrum Tree Ligustmm 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
Camellia Sasanqua, upright Camellia Sasanqua
Chinese Holly Ilex comuta 'Rotunda'
Cleyera Temstoremia gymnanthera
Dwarf Burford Holly Ilex comuta 'Burfordii Nana'
Dwarf Japanese Holly Ilex crenata 'Compacta'
Myrica pusilla
Dwarf Wax Myrtle
English Boxwood
Fringe Flower
Gardenia, Cape Jasmine
Buxus sempervirens
Loropetalum chinense
Gardenia j asminoides
Glossy Abelia Abelia grandiflora
Indian Azalea Rhododendron indica
Indian Hawthorn Raphiolepis indica
Nandina Nandina domestica
Oleander DWARF Nerium Oleander
Red Tip Photinia Photinia glabra
Wax-leaf Ligustrum Ligustrum j aponicum
z.prl4120_exhibit B
EXHIBIT "C"
AMENDMENT NO. I TO . ~Form~4~'ed: Centered
COVENANTS AND RESTRICTIONS
PORT ARTHUR BUSINESS PARK
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation ~. led the original Covenants and Restr ct~ons 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, tine original deed restrictions sta'ted the fbllowin~o as to
landscaping requirements:
I.andscaping
All non paved Maintain [.awns
areas
Street Frontage I tree per 100 feet of
frontage - 2 inch caliper
WHEREAS. the City of Port Arthur Section ,IA Economic
Development Corporation herein desires to amend the Deed Restrictions,
m~d does herein amend the Deed Restrictions so that the ibllowing
landscaping and screening requirements apply, ~a~!.~on~:;i~olol iiiiii~ ii~}
'Landscaping and screening reqnirementsl
(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
I Development Corporation _Bpsiness Park (the "Park")~ to c0n~erve th~ yalu¢ 9f land and {.~e!~? t, J
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 (,.) bluelme or blacldine pnnts
I of the landscape plan that has been approved by the PAEDCt
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.prl4120_exhibit B
(2) The footprint of all existing and proposed structures.
(3) Remaining and/or proposed site elements such aa power poles, fences, walls,
drainage swales, easements, sidewalks, parking lot layout, pedestrian walkways,
and other such elements.
(4) A schedule identifying name, size, number, and location of all landscape
(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 ~mmber 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 ~ D~I~d: buil~i~s
provide ~m~iet~ c0~er~ge 0f r~qui~d ~cre~ning landscaPed areas; inciudin~
sodded or seeded areas along front and side of bnilding.
(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
Busioess Park shall be issued or final approval of parking lot expansion made unless~ . ~i~[~i~ ~
letter is received from the PAEDC fllat the propertw 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-tmnked, must have a minimum of three (3) trunks of one (1)
inch caliper each.
(3) ClassA tree. A tree with a mature height of thirty (30) feet or more. See
recommended list.
z.prl4120_exhibit B
(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) pledian. A curbed landscaped area in aparking lot that separates parking ~r~m,at~_~.' ~?nt: ~old ........ ~
aisles.
(11) Open space bufferplanting 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 axea 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.prl4120 exhibit B
(~) Perimeterlandscapingandscreening.
(1) When a commercial or industrial use is established on a lot or premises
located adjacent to any residential zoning district, or whan any multiple-family
dwelling use is established on a lot or premises adjacant to any property located in
a single-family msidantial zoning district, a tan-foot width of landscaping open-
space buffer strip shall be installed and maintained by the owner, developer or
operator of the commemial 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 twanty-five (25) lineal feet or portion thereof of
said open space buffer strip. The required trees may he planted anywhere within
the buffer strip with a minimum often (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 eighi-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 tan (10) lineal feet of
buffer. The required trees may be planted anywhere within the buffer strip with a
minimum of twanty (20) feet apart for class A trees and a minimum often (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 fight-of-way.
z.prl4120_exhibit B
(h) Landscaping ofoff-streetparking.
(1) Perimeterrequirements.
a. A landscaping edge or buffer shall be required along each side ora
parking lot that faces towards a public fight-of-way.
b. The landscaping edge shall be no less tha~ six (6) feet wide and may
use up to three (3) feet of the public fight-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 often (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 pet~aneter 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: fight-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 fight-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
deten:nined by the city.
k. The required three-foot high screen, when planted, shall be a minimum
of two (2) feet in height. See list of suggested shrubs.
1. A minimum width of three (3) feet is required for the bed containing
the planted screen.
m. The required three-foot high screen, if planted shall be maintained at
no less than three (3) feet high.
(3) An increase in the size of an existing parking lot by twenty-five (25) percent
in the number of parking spaces or more shall require the entire parking lot, in
addition to the twenty-five (25) percent expansion, to be brought into compliance
with this section.
a. A turf area is to be located between the paved or curbed portion or
sidewalk of the adjacent street right-of-way and the front property line.
b. The landscape planting strip shall not be used for parking, but can be
crossed with driveways providing direct ingress and egress to the
z.prl4120exhibit B
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 often (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 fronkthe City of Port Arthur.
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 tree 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 fu:e hydrant.
(6) No trees may be topped if the limbs are three (31 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 ofthefieed restrictioos must be
submitted in writing and be responded to in writing by the, PAEDC President a~er
due consideration by the PAEDC Board of Directors.
(k) Letterofcredia
(1) A letter of credit may be utilized when the landscaping improvements
required by,the PAED~have not bean completed prior to the issuance of a
certificate of occupancy.
f~iei~: m;~ii/;a~on' ..........
~ .D~_ I~e~d: this onlinance
_manager development services
(2) The applicant shall post cash or an irrevocable letter of credit payable to the
Port Arthur Section 4A Economic Developmem 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.prl4120_exh±b£t B
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 o f credit, the J>A EDC,may
thereupon declare the letter of credit in default mad require that all of the
improvements be installed.
TREES FOR PORT ARTHUR BUSINESS PARK
ClassA 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 Quereus falcata var. pagodifolia
Green Ash (back property only) Fmxinus pennsylvanica
Live Oak Quercus virginiana
Sawthooth Oak Quercus
Loblloly Pine (back property only) >inus Taeda
Nuttall Oak Quercus Nuttallii
Pecan (back property only) Carya illinoinensis
Red Maple Acer mbmm 'Dntmmondii'
Sabal Palms, Florida Fan Palm/cabbage Sabal palmetto
Palm
Shumard Oak Quercus Shumardii
Slash Pine (back property only) Pinus Elliottii
Southern Red Oak Quercus falcata
z.prl4120_exhibit B
Spruce Pine (back property only) Pinus glabra
Swamp Chesmut Oak, Cow, Basket Quercus Michauxii
Washingtonia Palm Washingtonia robusta
Water Oak Quercus nigra
White Oak Quercus alba
Willow Oak Quercus phellos
Windmill Palm Tmcycarpus fortunel
ClassBTree:
Less than thirty-foot mature height
Eight (8) to ten (10) feet height when planted
Common Name Latin Name
American Holly 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) Pyres Calleryana 'Bradford', 'Aristocrat'
Japanese Evergreen Oak Quercus glauca
Parsley Hawthorn Crataegus Marshallii
River Birch Bemla nigra
Texas Redbud Cercis canadensis 'Texensis'
Tree Ligustmm Ligustmm lucidum
Wax Ligustmm Tree Ligustmm japconicum
SHRUBS FOR SCREENING REQUIREMENTS
Shrubs: Maintain three-foot height or greater
Must be evergreen
mmon Name Latin Name
Blue Vase Juniper Junipems chinensis 'Glauca'
i Bottlebrush Callistemon rigidus
z.prl4120 exhibit B
Camellia Sasanqua, upright Camellia Sasanqua
Chinese Holly Ilex comuta '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
Gardenia, Cape Jasmine Gardenia jasminoides
Glossy Abelia Abelia grandiflora
Indian Azalea Rhododendron indica
Indian Hawthorn Raphiolepis indica
Nandina Nandina domestica
Oleander DWARF Nerium Oleander
Red Tip Photinia Photinia glabra
Wax-leaf Ligustmm Ligustmm japonicum
SIGNED and AGREED to on this the da,,, of
,2007.
Richard Wvcofi~ President
Cit7 of Port Arthur Section 4A
Econonfic Development Corporation
z. prl 4120_exhibit B
ACKNOWLEDGEMENT
THE STATE OF TEXAS:
COUNTY OF JEFFERSON:
BEFOP~g ~I~r TIlE LRqDERSIGNED Notary Public, on this day
personally appeared Richard Wycoff, President, known to me to be
the De~son whose name is described to ~he foregoing instr,ml!ent,
~eed of the City of Port Arthur Sectzon 4A Economlc Eevelopmen~
GI~N ~ER ~ ~ ~ SE~ OF OFFICE~ this ~:he day of
, A.D, 2007.
NOTARY PUBLIC~ STATE OF TE~
SIGNED and AGREED to on this the da,/of
,2007.
Keith Daws, Sr., Secretary
CiPr' of Port Arthur Section 4A
Economic Development Corporation
AcI~qOBrLEDGEMENT
THE STATE OF TEXAS: ~
COLr~TY OF JEFFERSON: ~
BEFOPdg ME, THE UNDERSIGn'ED Notary Pnb]ic, on this day
persona]Il appeared Ke~th D~H~..~. ~!~!:~E~. hD.~H~ ~
V~2'"'~2%i~RN ~2=~"~i~2"~s desczibed to the fereqoing ins'tr~nen2A
and acknowiedqed to me that he executed the same as the act and
deed of the CitX of Port Arthur Sect~:s~...J.~!i.~9~;S ~9.~:o~,~!~
~'~:6~f2~;:"l~'"'"'~o~"~:R~'~rpo~s and cozlside~ations therein
expressed, and the capacities therezn stated.
GI~N U~ER MY H3/qD ~ S~J~L OF OFFICEt this the da~, of
, A.D, 2007.
NOTARY pUBLIC~ STATE OF TSXA~
z .prl4120_exhibit B
RECORDING, RETURN
_City of Port. Arthur Secti on
Corporat ion
P. O. Box 1089
Port Arthur, TX
4A Economic
Deve 1 ooment
z.prl4120 exhlhit B
APPENDIX "A"
DE$CR~T]ON OF A
29/960 ACRE 'T]LACT OR PAAC~L OF LA..N])
oLrr 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
All that ced~am tract or parcel of land (ying and bang situated m Jefferson County,
Texas, parts of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, Ihe 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 O, and Blocks 15 and 16, Range P of the Lands of the Po~t
Ad,bur Land Co, the plat of which said subdMmon ts of record in Volume 1, Page 22 of the
Map Records of Jefferson County, Texas, and being a part of that certain tract of land herein
referred to as the "McFadden and Cordts' tract, whmh said McFaddin and Cordts tract is
designated "TRACT NO. 18-C" and ~s described in that certain ~nstrument flora W P H
McFaddm, Jr, and J.L.C McFaddm, as Trustees of the McFadclm Trust to J.L.C. McFaddm,
Ot McFaddin Houk, Perry McFaddin Duncan, W P H. McFaddln Jr, Mature McFaddin Ward,
Cameka B. McFaddln and Di Vernon McFaddm Cordis, W.P H. McFaddm Jr., and J L.C
McFaddin, jointly, and Mamie McFaddin Ward, W P H. McFaddin, Jr., J L.C McFaddm, and
Camelia B. McFaddin and Di Vernon McFaddm Cordts, jointly, dated February 26, 1948 and
recorded m Votume 692, Page 22 of the Deed Records of Jefferson County, Texas, and
which sa~J ~ is indicated on that ced, mn plat entitted "PARTITION MAP NO
3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY, TEXAS. "which
said plat is of record m Volume 8, Page 110 of the Map Records of Jefferson County, Texas,
and being a part of that certain tract of land hemm 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 D~ Vernon McFaddm Befly to E,G Cordts, Jr., Colleen Clave
Cordts and Anna Camelm Cordts, dated September 13, 1994 and recorded under County
Clerk's File No 94-9432523 of the Offical 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
certatn instrument from E G. Cordts, Jr.. , Colleen Clam Cordts Rice .... and Anna
Cameha Cordts Edwardson, to Port Arthur Economic Development CorporataJn, 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 sa~l tract herein
described being mom partmulafly described as follows:
~ at a iron rod wrth e Texas Department of Transportation aluminum cap
(TxDOT Type 1 Monument) found for the southeast comer of the said tract herein
Page 10 of 13
described, the saki comer betng the southeast comer of the said PAEDC tract, and the said
comer also being the most southedy southwest comer of that certatn tm~ of land here~n
refem~cl to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and ~s
described tn that certain instrument from E.G Con:Its, Jr, Colleen Clare Cordts Pace 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 Cout3ty, Texas, and the saki comer being m the north I~ne of thst certain tract of
land herein referred to as the "Parcel 32" tract, which sa~l Parcel 32 tract is so designated
and is described ~n that certain ~nstrument from The Mamie McFaddin Ward Heritage
Foundat~n to Jefferson county, dated December 12, 1996 and recorded under County
Clerk's File No 96-9638512 of the Official Public Records of Real Prope~ of Jefferson
County, Tex~s, the ea[d comer being an mtarior angle potnt comer in the sout~'~vest~y
nght-of-way line of Texas State H~hway Spur 93, and the said TxDOT Type 1 Monument
found for corner being East (Assumed Baas of Beanngs - called South 89° 37' 00" East)
along and with the south line of the said PAEDC tract, sa~d north line of the Pamel 32 tract
and north line of that certatn tract of land herein refen-ed to as the "Ward" tract, whtch said
Ward tract is des~natad "TRACT NO 19-C" and ~s descnbed ~n the hereinbefore referenced
instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County,
Texas, and which saKI TRACT NO. 19-C is tndicated on the hereinbefore referenced plat of
record tn Volume 8, Page 110 of the Map Records of Jefferson County, Texas, a total
dks-tance of 5,430.99 ~ (called 5,431.07 feet) from a 5~" iro~ rod wtth a yellow cap
stamped "RPLS 3636" found for reference;
THENCE West (called North 89° 37' 00" West) along and with the saki south line of
the PAEDC tract, north line of the Paine{ 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 comer of the satd Parcel 32 tract, the saKI comer being an exterior angle point
comer tn the saki southwesterly right-of-way line of Texas State H~ghway Spur 93, and
passing at a d~stance of 4,938.57 feet (called 4,938 91 feet) a 5/8" ~ron rod vath a yellow cap
stamped "RPLS 3636" found for reference at the southeast comer of that certain tra(~t of
land here~n referred to as the 'TRACT 196-.A" tract, which said TRACT 196-A tract = so
desKJnated and ts described in that certain instrument (titled "RIGHT-OF-WAy
EASEMENT") from D[ Vernon McFaddin Kibodeaux, former~j Di Vernon McFaddm Con~s,
joined thereto by her husband, Oren J. KJbodeaux to Jefferson County Drainage D~tnct 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 d~ance of 5,430 99 feet (called 5,431.07 fee~)
the berembefore sad 5/8" ~ron rod w~th a yellow cap stamped "RPLS 3636" found for
reference at the southwest comer of the said TRACT 196-A tract, and continuing (West)
along and wrth the saki south hne of the PAEDC tract and north I~ne of the Ward tract, a total
d~stance of 5,545 27 feet (called 5,545.35 feet) to a point for the southwest comer of the saki
tract herem described, the saki comer being the southwest comer of the said PAEDC tract,
and the sa~d comer also being the northwest corner of the saki Ward tract, and the said
comer being ~n the eastedy hne of that certain tract of land here~n referred to as the "TRACT
A" tract, which saki TRACT A tract ~s so des~lnated and ts described tn that certain
mst~ument from Dading 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 saki comer being tn lhe centedtne of Rhodar Gully,
Page 11 of 13
THENCE North 12° 17' 39~ West (called North 11° 54' 13" West) abng and with the
westerly line of the sad PAEDC tract, the said easterly line of the TRACT A tract and said
cantedme of Rhodar Gully, a distance of 724,96 feet (called 724 92 feet) to a point for the
most westerly northwest comer of the said tract herein descabed, the said comer being the
most westerly northwest comer of the said PAEDC tract, and the sad comer also be,ng the
most southerly comer of that certain tract of land here~n referred to as the "J.L.C. Md:addin"
tract, which sa~d J L C. McFaddln tract ~s designated "TRACT NO. 12-C" and ~s described ,n
the hereinbefore referenced instrument recorded ~n Volume 692, Page 22 of the Deed
Records of Jefferson County, Texas, and which said TRACT NO 12-C m md~:ated on the
hereinbefore rafemnced peat of reeord m Volume 8, Page 110 of the Map Records of
Jefferson County, Texas;
THENCE North 39° 57' 00" East (called Nor~ 40° 20' 00" East) along and with the
most westerly northwest line of the sad PAEDC tract and most southerly southeest I,ne of
the said J.L.C. McFaddm 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 norlhwest
comer of the hereinbefore said TRACT 196-A tract, and passing at a distance of 736.10 ~
(called 735.85 feet) a 5/8" Iron rod wrlh a red ptastm cap stamped "S&P INC" set for
reference at the northeast comer of the said TRACT 196-A tract (and which sad 5/8" ,mn
rod w~h a red plastic cap set for roference ~s North 37° 58' 15" West a distance of 0.39 Meet
from a 5/8" ,mn rod with a yellow cap stamped "RPLS 3636" found for reference), and
contmu,ng (North 39" 57' 00" Ease) along and with the sad most westerly noKbwest line of
the PAEDC tract and most southerly southeast hne of the J L C McFaddin tract, a total
distance of 3,925.49 feet (called 3,925.61 feet) to a ½" iron rod found for the most nodhedy
corner of the sad tract herein described, the sad comer being the most northerly comer of
the said PAEDC tract, and the said comer also being the most westerly corner of that certa,n
tract of land herein referred to as the "Bamette - 1483/177" tract, which said Bamatte -
1483/177 tract ,s described m 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 sad PAEDC tract and southwesterly line of the sad
Bartnette - 1483/177 tract, a distance of 1,317 60 feet (called 1,317.54 feet) to a ½" iron rod
found for an in~enor comer of the sad tract herein described, the said corner being an
interior comer of the said PAEDC tract, and the said comer also being the most southerly
comer of the sad Bamette - 1483/177 tract,
THENCE North 40° 07' 58" East (called North 40° 33' 04" East) along and vath the
most easterly northwest I~ne of the sad PAEDC tract and southeasterly line of the said
Barnatte - 1483/177 tract, a distance of 151 95 feet (called 151.86 feet) to a 5/8" ~ron rod
with a yellow cap stamped "RPLS 3636" found for the most eastedy northwest corner of the
sad tract hereto descnbed, the sa~d comer being the most easterly northwest comer of the
said PAEDC tract, and the said comer also being the most westerly comer of that certain
tract of land herein refe~ed to as the "Bamette - 1483/176" tract, wh~4 said Bamette ~
1483/176 tract is descnbed ~n that certain instrument from D~ Vernon McFaddin Cordta
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 sam 518" ~ren rod wffh a yellow cap stamped "RPLS 3636" found for comer being
South 40~ 11' 19" West (called South 40~ 33' 04" West) along and wflh the sam
southeasterly line of the Bamette - 1483/177 tract, northwesterly line of the sam Bamette -
1483/176 tract and southeasterly line of that certain tract of land herein referred to as the
"LNVA" lmct, wh,:h sam LNVA tract ~s desc~bed m that certain instrument frore Gulf
Refining Company to the Lower Neches Valley Authority dated Apnl 8, t 975 and recorded in
Voluree 1876, Page 290 of the Deed Records of Jefferson County, Texas, a total d~ance of
499.44 feet (called 500 00 feet) fmre a 5/8" ~ren rod found for the most northerly comer of
the sam Bamette - 1483/176 tract, the sa~l coreer also being the most easterly comer of the
sa~d LNVA tract, and the sam coreer being in the hereinbefore sa~d 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 vath the
most easterly north line of the sa~d PAEDC tract and southerly I~ne of the sam Bareette -
1483/t76 tract, a d~tance of 557.12 feet (called 557 12 feet) to a 5/8" iron rod found for the
most northerly northeast comer of the sam tract herein descnbed, the said comer being the
most northerly northeast coreer of the said PAEDC tract, and the sail comer also being the
most northerly northwest coreer of the hereinbefore sa~cl Parcel 31 tract, and the said corner
being in the said souttwvestady right-of-way line of Texas State H~hway Spur 93, and the
said 5/8" iron rod found for comer being South 27° 38' 14" East (called South 27° 11' 44"
East) along and w~th the sa~ southwesterly right-of-way hne of Texas State Highway Spur
93, a al,stance of 499.26 feet (called 499.55 feet) from the hereinbefore said ,5/8" ~ren rod
found for the most northerly coreer of the Bamette - 1483/176 tract and most easterly comer
of the LNVA tract;
THENCE Sou~ 27° 30' 14' East (called South 27° 07' 03' East) along and ~ the
most easterly northeast I~ne of the said PAEDC tract, southwesterly line of the said Parcel
31 tract and sa~d southwesterly right-or-way line of Texas State H~lhWay Spur 93, a total
d~stance 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
Schaurnburg & Polk, Inc
E ~ames Vcrrctt,
Registered Professional Land Surveyor bio 1781
Page 13 of 13