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HomeMy WebLinkAboutRES 09-038 RESOLUTION NO.09-038 RESOLUTION OF CONSENT TO THE CREATION OF THE SMITH ROAD WATER CONTROL &IMPROVEMENT DISTRICT STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Beaumont I-10 Partners, LP, owner of that approximately 504 acre tract in Jefferson County, Texas more fully described on Exhibit"A"to this Resolution(the "Property")plans to develop the Property and to install water, sewer and other utility infrastructure and site improvements; WHEREAS, in order to provide water, sewer and other critical site infrastructure for the Property, a water control and improvement district has been proposed for creation; WHEREAS, legislation shall be filed in the 815` Regular Session of the Texas Legislature for creation of the Smith Road Water Control & Improvement District (the "District") which District's boundaries shall be co-existent with the boundaries of the Property; WHEREAS,the District shall be proposed for creation in accordance with Chapters 49 and 51 of the Texas Water Code as a water control and improvement district; WHEREAS, the District will secure its water supply from the West Jefferson County Municipal Water District, but may provide other utility services and critical infrastructure throughout the District and may finance such infrastructure and improvements with the issuance of tax-exempt bonds; WHEREAS, the owner of the Property has received the consent of West Jefferson County Municipal Water District to the proposed creation of the District; WHEREAS, the City of Beaumont, Texas has received of the request for creation of the District as the Property and the proposed District lie within the extraterritorial jurisdiction of the City of Beaumont,Texas; WHEREAS, the owner of the Property shall separately request consent to the creation of the District from Jefferson County,Texas; WHEREAS, the City Council of the City of Beaumont, Texas has been provided a copy of proposed legislation for the creation of the District and finds that the creation of the District is feasible and practical and will be of benefit to proposed residents, private businesses and others within the boundaries of the District and will not impede with the services of the City of Beaumont, Texas. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Beaumont, Texas: 1) In accordance with 31 Texas Administrative Code, §293, a request for creation of the Smith Road Water Control & Improvement District (the "District") by Beaumont 1-10 Partners, LP, owner of the Property,has been received by the City. 2) The City of Beaumont, Texas finds that creation of the District will not be adverse to its utility operations and will provide benefit to future residences, businesses and others within the boundaries of the proposed District. 3) The City of Beaumont, Texas finds that the boundaries of the District include areas that are within the extraterritorial jurisdiction of the City of Beaumont,Texas,but do not conflict with the best interest of the City of Beaumont, Texas and would allow for the provision of utility services within the Property. 4) The City of Beaumont, Texas hereby consents to the creation of the District within the Property as more fully described on Exhibit"A"to this Resolution which is included and made a part hereof for all purposes. 5) A copy of this Resolution may be submitted to the West Jefferson County Municipal Water District, the Commissioners' Court of Jefferson County, Texas, the Texas Commission on Environmental Quality(the"TCEQ"),the Texas Legislative Council and members of the 81st Texas Legislature. PASSED AND APPROVED,this the 3rd day of February,2009. City of Beaumont,Texas Mayor Becky&nes ATTEST: /,� UMO %It -11M a_ 1W City Secretary U T� (Seal) X X- #668729 e Page 2 fig Pwti41M a a� Y (Kr�iALY1J,4MP�1 YI Al d ---------y}}--- 19 U -jo �� i it •� t�r l {tl to r $ P l It Ig tit It Iwo �IYt I! Y Ye dg h d c !pp All oil k EXHIBIT "A" 4. LEGAL DESCRIPTION OF LAND: Tract I: BEING a 21.104 acre tract of land,being out of and a part of that certain Louisiana Gas Develop- ment Corporation called 21.100 acre tract of land more fully described and recorded in Clerk File d Jefferson County,No.2005028881 of the Official Public Records o f Jell' son C y,Texas.Said 21.104 acre tract being out of the T. &M O.R.R.Co.Survey, Abstract No_261, of said County and State,and is more particularly described as follows: BEGINNING at a Concrete Monument found for the Easterly corner of said Louisiana Gas Development Corporation called 21.100 acre tract of land, same being the intersection of the Southwesterly right of way line of Smith Road a public right of way and the Northwesterly right of way line of Interstate highway No. 10 a public right of way; THENCE South 4l Deg..37 Min,00 Sec.West(Reference Bearing)along and with the Southeasterly line of said Louisiana Gas Development Corporation called 21.100 acre tract, same being the Northwesterly right of way line of said Interstate Highway No. 10,a distance of 1000.09 feet to a 5/94nch iron rod marked "Leap Eng." sct for the Southerly corner of said Louisiana Gas Development Corporation called 2I.100 acre tract, same being an East corner of that certain Louisiana Gas Development called residueof 501.76 acre tract of land,more fully described in Clerk File No.2005028881 of the Official Public Records of said county and state; THENCE North 50 Deg_ 10 Min. 20 Sec. West along and with the Southwesterly line of said Louisiana Gas Development Corporation called 21.100 acre tract,same being a Northeasterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 850.40 feet to a 1-inch iron rod found for the Westerly corner of said Louisiana Gas Development Corporation called 2L.100 acre tract,same being an ell corner of said Louisiana Gas Development Corporation called residue of 501.76 acre tract; z 110 Smith Legal.max COMWICSP347Cv1 THENCE North 41 Deg. 37 Min. 45 Sec. East along and with the Northwesterly line of said Louisiana Gas Development Corporation called 21.100 acre tract,same being aSoutheast line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 1 I30.75 feet to a 1-inch iron rod Found for the Northerly corner of said Louisiana Gas Development Corporation called 21.100 acre tract, same being the most Northwesterly East comer of said Louisiana Gas Development Corporation called residue of 501.76 acre tract, same being in the Southwesterly right of way line of said Smith Road; THENCE South 50 Deg. 12 Min. 03 Sec. East along and with die Northeasterly line of said Louisiana Gas Development Corporation called 21.100 acre tract,same being the Southwesterly right of way of Smith Road,a distance of 21 1.13 feet to a concrete monument found for an angle point of said Louisiana Gas Development Corporation called 21..100 acre tract; THENCE South 38 Deg. 32 Min. 29 Sec. East along and with the Northeasterly line of said Louisiana Gas Development Corporation said 21.100 acre tract,same being the Southwesterly right of way line of said Smith Road, a distance of 648.25 feet to the PLACE OF BEGINNING, containing 2I.104 acres of land,more or less. Tract U: BEING a 51.418 acre tract of land,being out of and a part of that certain Louisiana Gas Develop- ment Corporation called 231.743 acre tract of land more fully described and recorded in Clerk File No.2005028881 of the Official Public Records of Jefferson County,Texas.Said 51.418 acre tract being out of the H.T. &N..0.R.R.Co.Survey,Abstract No. 143,of said County and State,and is more particularly described as follows. BEGINNING at a]-inch iron rod found for the Southerly corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same being in the Northwesterly right of way line of said Interstate Highway No.10,same being the Southeasterly cornerof thatcertain Sherholders LPcalled 408.233 acre tract of land more fully described in Clerk File No.2003026036 of the Official Public Records of said County and State, same being the Southerly comer of said Louisiana Gas Development Corporation called residue of 501.76 acre tract; THENCE North 20 Deg.41 Min.25 Sec.East along and with the Westerly line of said Louisiana Gas Development Corporation called 231.743 acre tract, same being the Easterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 2335.19 feet to a 1-inch iron rod found for an angle point in the Westerly line of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE South 50 Deg.1014in. 15 Sec.East along and with a Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being a Southwesterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 174.42 feet to a I-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 231.743 acre tract; 3 110 Smith Legal.max COMM151C51134764 THENCE Noith 41 Deg.37 Min..05 Sec.East continuing along and with the Westerly line of said Louisiana Gas Development Corporation called 231.74.3 acre tract,same being the Easterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract, a distance of 1999.86 feet to a 5/8-inch iron rod marked "Leap Eng." set for the Northerly corner of the herein described 51.418 acre tract,same being the Southerly comer of a 180.238 acre tract of land called tract III surveyed on the same date as the herein described; THENCE South 50 Deg. 10 Min. 20 Sec. East along and with the Northeasterly line of said Louisiana Gas Development Corporation called 23I.743 acre tract,same being the Southwesterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 660.00 feet to a 1-inch iron rod found for the Easterly cornerof said Louisiana Gas Development Corporation called 231.743 acre tract, same being in the Northwesterly right of way line of said Interstate Highway No, 10; THENCE South 41 Deg. 37 Min, 00 Sec. West along and with the Southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being the Northwesterly right of way line of said Interstate Highway No. 10,a distance of 4207.07 feet to the PLACE OF BEGINNING,containing 51.418 acres of land,more or less. Tract III: BEING a 180.238 acre tract of land, being out of and a part of that certain Louisiana Gas Development Corporation called 231.743 acre tract of land more fully described and recorded in Clerk File No.2005028881 of the Official Public Records of Jefferson County,Texas.Said 180.238 acre tract being out of the H.T.&N.0.R.R.Co.Survey,Abstract No. 143,T.&N.0.R.R.Co. Survey,Abstract No.260,T_&N.O.R.R.Co.Survey,Abstract No.261,George W.Kidd Survey, Abstract No.795,George W_Kidd Survey,Abstract No.737,and S.D.Decordova Survey,Abstract No.851 of said County and State,and is more particularly described as follows: BEGR\TNING at a 1-inch iron rod found for a Easterly corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same being in the Southwesterly right of way line of said Smith Road,samebeing in the Northerly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract; THENCE South 4l Deg.38 Min.21 Sec.West along and with a Southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, same being a Northeasterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 2130.59 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE South 50 Deg. 19 Min. 12 Sec.East along and with a Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being a Southwesterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 1150.80 feet to a 5/8-inch iron rod marked "Leap Eng." set for a PC of a non tangent curve to the right; 4 110 Smith Legal.max COMAXSP3476t THENCE along and with the curvet()the right an m'c distance of 272.42 feet with a radius of 363.39 feet with a chord bearing of South 20 Deg.10 Min. 36 Sec.West a chord distance of 266.09 feet to a I-inch iron rod found for an angle point of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE South 41 Deg.37 Min.05 Sec.West along and with a Southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being a Northwesterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 1751.90 feet to a 5/8-inch iron rod marked"Leap Eng."set for the Southerly corner of the herein described 180.238 acre tract, same being the Northerly corner of a 5I.418 acre tract of land called Tract 11 surveyed on the same day as the herein described tract of land; THENCE North 50 Deg. 10 Min.20 Sec.West along and with a Southwesterly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being a Northeasterly line of said Louisiana Gas DevelopmentCorporation called residue of 501.76 acre tract,adistanee of 644.41 feet to a I-inch iron rod found for an elI comer of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE South 41 Deg,35 Min.30 Sec_West along and with a Southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, same being a Northwesterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 239.63 feet to a 5/8-inch iron rod marked"Leap Eng."set foran angle point for said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE South 89 Deg.57 Min.09 Sec.West along and with a Southerly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being a Northerly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract, a distance of 1077.96 feet to a 5/8-inch iron rod marked "Leap Eng." set for an ell corner of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE South 00 Deg. 15 Min.31 Sec.East along and with a Easterly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being a Westerly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract, a distance of 1074.17 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE South 89 Deg.37 Min.40 Sec.West along and with a Southerly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being a Northerly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract, a distance of 571.97 feet to a 5/8-inch iron rod marked "Leap Eng." set for a Southwesterly corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same being a Northwesterly corner of said Louisiana Gas Development Corporation called residue of 501.76 acre tract, same being in the Easterly line of said Sherholders LP called 408.233 acre tract; 5 1 10 Smith Legal.max C01YINMC5P34764 THENCE North 00 Deg.14 Min.54 Sec.West along and with a Westerly line of said Louisiana Gas Development Corporation called 231.743 acre tract,samebeing the Easterly line of said Sherholders LP called 408.233 acre tract,a distance of 1076.90 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 231.743 acre tract,same being the Easterly corner of said Sherholders LP called 408.233 acre tract; THENCE South 89 Deg.58 Min.03 Sec.West along and with aSoutherlyline of said Louisiana Gas Development Corporation called 231.743 acre tract, same being the Northerly line of said Sherholders LP called 4D8.233 acre tract, a distance of 2083.92 feet to a point for corner marking a Southwesterly corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same being the Northwesterly corner of said Sherholders LP called 408.233 acre tract,same being in the Easterly line of that certain Sherholders LP called 126,010 acre tract of land more fully described in Clerks File No. 2003026036 of the Official Public Records of said County and State; THENCE North 00 Deg..14 Min.37 Sec.West along and with a Westerly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being the Easterly line of said Sherholders LP called 126.010 acre tract,a distance of 535.85 feet to a 5/8-inch iron rod marked"Leap Eng."set for a Northwesterly corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same being a Southwesterly corner of said Louisiana Gas Development Corporation called residue of 501.76 acre tract; THENCE North 89 Deg_41 Min,36 Sec.East along and with a Northerly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being the Southerly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract, a distance of 3114.90 feet to a 1-inch iron rod found for an angle point of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE North 41 Deg.36 Min.48 Sec.East along and with a Northwestedy line of said Louisiana Gas Development Corporation called 231.743 acre tract, same being a Southeasterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 2215.26 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE North 50 Deg.10Min. 15 Sec.West along and with a Southwesterly line of said Louisiana Gas Development Corporation called 231.745 acre tract,same being a Northeasterly line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 829.98 feet to a 1-inch'iron rod found a Westerly corner of said Louisiana Gas Development Corporation called 23 L743 acre tract,same being a Northerly corner of said Louisiana Gas Development Corporation called residue of 501.76 acre tract, same being in the Southeasterly line of that certain D & R Properties called 150.08 acre tract of land more fully described in Clerk File No.2005027161 of the Official Public Records of said County and State; 6 1 10 Smith Legal.max COMM\5\C5P34764 THENCE North 41 Deg.36 Min,48 Sec.East along and with a Northwesterly line of said Louisiana Gas Development Corporation called 231.743 acre tract,same being the Southeasterly tine of said D &R Properties called 150.08 acre tract and Treasure Cove a subdivision to Jefferson County, Texas, recorded in Clerk File No_ 2006024719 of the Map Records of said County and State,a distance of 2129.83 feet to a 5/8-inch iron rod marked"Leap Eng."set for a Northerly corner of said Louisiana Gas Development Corporation called 231.743 acre tract,same being the Easterly corner of said D&R Properties called 150.80 acre tract,same being in the Southwesterly right of way line of said Smith Road; THENCE South 50 Deg- 17—Min.03 Sec.East along and with a Northeasterly Iine of said Louisiana Gas Development Corporation called 231.743 acre tract,same being the Southwesterly right of way line of said Smith Road, a distance of 1057.06 feet to the PLACE OF BEGINNING, containing- 190.238 acres of land,more or less. NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. NUME Attachment"B" February 1, 2008 Surveyor's Field Note Description: 251.685 Acres Tract I: BEING a 101.623 acre tract of land, being out of and a part of that certain Louisiana Gas Development Corporation called 248.917 acre tract of land more fully described and recorded in Clerk File No. 2005028881 of the Official Public Records of Jefferson County, Texas. Said 101.623 acre tract being out of the T. & N. O. R. R. Co. Survey, Abstract No. 261, George W. Kidd Survey, Abstract No. 761, George W. Kidd Survey, Abstract No. 795, George W. Kidd Survey, Abstract No. 737, and the S.D. Decordova Survey, Abstract No. 851, of said County and State, and is more particularly described as follows: BEGINNING at a 5/8-inch iron rod marked "Leap Eng." set for an Easterly corner of said Louisiana Gas Development Corporation called 248.917 acre tract, same being the Southerly corner of that certain Louisiana Gas Development Corporation called 21.100 acre tract of land more fully described in Clerk File No. 2005028881 of the Official Public Records of said County and State, same being in the Northwesterly right of way line if Interstate Highway No. 10 a public right of way; THENCE South 41 Deg. 37 Min. 00 Sec. West (Reference Bearing) along and with the Southeasterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being the Northwesterly right of way line of said Interstate Highway No. 10, a distance of 2999.99 feet to a 1-inch iron rod found for the Southerly corner of said Louisiana Gas Development Corporation called 248.917 acre tract, same being an Easterly corner of that certain Louisiana Gas Development Corporation called 231.743 acre tract of land more fully described in Clerk File No. 2005028881 of the Official Public Records of said County and State; THENCE North 50 Deg. 10 Min. 20 Sec.West along and with the Southwesterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 660.00 feet to a 518-inch iron rod marked "Leap Eng." set for a Westerly corner of the herein described 101.623 acre tract, same being an Easterly corner of a 72.960 acre tract of land called tract II surveyed on the same date as the herein described; THENCE North 41 Deg. 37 Min. 05 Sec. East along and with a Northwesterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 1751.90 feet to a 1-inch iron rod found for the PC of a non tangent curve to the left; Page 1 of 7 LEAP Engineering LLC SSO Fannin St,Suite 510,Beatunont,TX 77701 Tel:(409)813-1862 Fas:(409)813-1916 110 Smith Legal.max NUME THENCE along and with the curve to the left an arc distance of 272.42 feet with a radius of 363.39 feet with a chord bearing of North 20 Deg. 10 Min. 36 Sec. East with a chord distance of 266.09 feet to a 518-inch iron rod marked "Leap Eng." set for an angle point of said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE North 50 Deg. 19 Min. 12 Sec. West along and with a Southwesterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 1150.80 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a Northwesterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 2130.59 feet to a 1-inch iron rod found for the Northerly comer of a said Louisiana Gas Development Corporation called 248.917 acre tract, same being an Easterly corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same being in the Southwesterly right of way of Smith Road a public right of way; THENCE South 50 Deg. 12 Min. 03 Sec. East along and with a Northeasterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being in the Southwesterly right of way line of said Smith Road, a distance of 1056.98 feet to a 1-inch iron rod found for an Easterly comer of said Louisiana Gas Development Corporation called 248.917 acre tract same being the Northerly corner of said Louisiana Gas Development Corporation called 21.100 acre tract; THENCE South 41 Deg. 37 Min. 45 Sec. West along and with a Southeasterly line of said Louisiana Gas Development Corporation called 248.917 acre tract same being the Northwesterly line of said Louisiana Gas Development Corporation called 21.100 acre tract, a distance of 1130.75 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 248.917 acre tract, same being the Westerly comer of said Louisiana Gas Development Corporation called 21.100 acre tract; THENCE South 50 Deg. 10 Min. 20 Sec. East along and with a Northeasterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being the Southwesterly line of said Louisiana Gas Development Corporation called 21.100 acre tract, a distance of 850.40 feet to the PLACE OF BEGINNING, containing 101.623 acre of land, more or less. Tract II BEING a 72.960 acre tract of land, being out of and a part of that certain Louisiana Gas Development Corporation called 248.917 acre tract of land more fully described and Page 2 nf7 LEAP F.eegineerbeg LLC 550 Fannin St,Suite 510,Beaeemant,TY 77701 Tel:(409)813-1862 Fax(409)813-1916 110 Smith Legal.max ENGINEERING recorded in Clerk File No. 2005028881 of the Official Public Records of Jefferson County, Texas. Said 72.960 acre tract being out of the H. T. & N. O. R. R. Co. Survey, Abstract No. 143, of said County and State, and is more particularly described as follows: BEGINNING at a 1-inch iron rod found for the Southerly corner of said Louisiana Gas Development Corporation called 248.917 acre tract, same being the Southerly corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same being in the Northwesterly right of way line of said Interstate Highway No. 10, same being an easterly corner of that certain Sherholders LP called 408.233 acre tract of land more fully described in Clerk File No. 2003026036 of the Official Public Records of said County and State; THENCE North 00 Deg. 14 Min. 54 Sec. West along and with a Westerly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Easterly line of said Sherholders LP called 408.233 acre tract, a distance of 2722.72 feet to a 5/8 7inch iron rod marked "Leap Eng." set for a Westerly comer of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southwesterly corner of said Louisiana Gas Development Corporation called 231.743 acre tract; THENCE North 89 Deg. 37 Min. 40 Sec. East along and with a Northerly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southerly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 571.97 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE North 00 Deg. 15 Min. 31 Sec. West along and with a Westerly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being an Easterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 1074.17 feet to a 5/8-inch iron rod marked "Leap Eng." set for an ell corner of said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE North 89 Deg. 57 Min. 09 Sec. East along and with a Northerly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southerly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 1077.16 feet to a 5/8-inch iron rod marked "Leap Eng." set for an angle point in said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE North 41 Deg. 35 Min. 30 Sec. East along and with a Northwesterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 239.63 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 248.917 acre tract; Fage 3 of 7 LEAF Engineering LLC 350 Fannin St,Suite 510,Beaumont,7T 77707 Tel:(409)813-1861 Fax.(409)813-1916 1 10 Smith Legal,max zkgff! THENCE South 50 Deg. 10 Min, 20 Sec. East along and with a Northeasterly line of said Louisiana Gas Development Corporation called 248.917 acre tract same being a Southwesterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 644.41 feet to a 5/8-inch iron rod marked "Leap Eng." set for an Easterly corner of the herein described 72.960 acre tract, same being a Westerly corner of a 101.623 acre tract of land called Tract I surveyed on the same date as the herein described; THENCE South 41 Deg. 37 Min. 05 Sec. West along and with a Southeasterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Northwesterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 1999.86 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE North 50 Deg. 10 Min. 15 Sec. West along and with a Southwesterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 174.42 feet to a 1-inch iron rod found for and angle point in said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE South 20 Deg. 41 Min. 25 Sec. West along and with an Easterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Westerly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 2335.19 feet to the PLACE OF BEGINNING, containing 72.960 acres of land, more or less. Tract III BEING a 77.049 acre tract of land, being out of and a part of that certain Louisiana Gas Development Corporation called 248.917 acre tract of land more fully described and recorded in Clerk File No. 2005028881 of the Official Public Records of Jefferson County, Texas. Said 77.049 acre tract being out of the T. & N. 0. R. R. Co. Survey, Abstract No. 260, George W. Kidd Survey, Abstract No. 795, George W. Kidd Survey, Abstract No. 737, and the S.D. Decordova Survey, Abstract No. 851, of said County and State, and is more particularly described as follows: BEGINNING at a 1-inch iron rod found for Northerly corner of said Louisiana Gas Development Corporation called 248.917 acre tract, same being in the Southeasterly line of that certain D & R Properties called 150.80 acre tract of land more fully described in Clerk File No. 2005027161 of the Official Public Records of said County and State, same being a Westerly corner of said Louisiana Gas Development Corporation called 231.743 acre tract; Page 4 of 7 LEAP Dighteerbrg LLC 530 Fannin St,Sane 510,Beaumont,TX 77701 Tel:(409)813-1862 Fax.(409)813-1916 1 10 Smith Legal.max NA69EAE THENCE South 50 Deg. 10 Min. 15 Sec. East along and with a Northeasterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southwesterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 829.98 feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE South 41 Deg. 36 Min. 48 Sec. West along and with a Southeasterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre tract, a distance of 2215.29 feet to a 1-inch iron rod found for an ell comer in said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE South 89 Deg. 41 Min. 36 Sec. West along and with a Southerly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Northerly line of said Louisiana Gas Development Corporation called 3114.90 feet to a 5/8-inch iron rod marked "Leap Eng." set for a Southwesterly comer of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Northwesterly corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same being in a Easterly line of that certain Sherholders LP called 126.010 acre tract of land more fully described in Clerk File No. 2003026036 of the Official Public Records of said County and State; THENCE North 00 Deg. 14 Min, 37 Sec. West along and with a Westerly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Easterly line of said Sherholders LP called 126.010 acre tract, a distance of 551.55 feet to a 5/8-inch iron rod marked "Leap Eng." set for a Northwesterly corner of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southwesterly corner of that certain Will Crenshaw called 207.49 acre tract of land more fully described in Clerk File No. 2006021640 of the Official Public Records of said County and State; THENCE South 89 Deg. 59 Min. 38 Sec. East along and with a Northerly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southerly line of said Will Crenshaw called 207.49 acre tract and that certain Louisiana Gas Development Corporation called 11.449 acre tract of land more fully described in Clerk File No. 2000015005 of the Official Public Records of said County and State, a distance of 2480.80 feet to a 518-inch iron rod marked "Leap Eng." set for an angle point in said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a Northwesterly line of said Louisiana Gas Development Corporation called 248.917 acre tract, same being a Southeasterly line of said Louisiana Gas Development Corporation called 11.449 acre tract and said D & R Properties called 150.80 acre tract, a distance of 2213.74 feet to the PLACE OF BEGINNING, containing 77.049 acres of land, more or less. Page S of 7 LEAP Eagitteerlttg LLC SSO Fatusitt St,Suite 510,Beaammu,TX 77701 Tel.(409)813-1862 F=(409)813-1916 110 Smith Legal.max NUME Tract IV BEING a 11.435 acre tract of land consisting of that certain Louisiana Gas Development Corporation called 11.449 acre tract of land more fully described in Clerk File No. 2000015005 of the Official Public Records of Jefferson County, Texas. Said 11.435 acre tract being out of the T. & N. O. R. R. Co. Survey, Abstract No. 260 and the George W. Kidd Survey, Abstract No. 737 of said County and State, and is more particularly described as follows: BEGINNING at a 518-inch iron rod marked "Leap Eng." set for the Northwest corner of said Louisiana Gas Development Corporation called 11.449 acre tract, same being a Southerly corner of said Will Crenshaw called 207.49 acre tract, same being in the centerline of that certain 125 foot wide Drainage Easement more fully described in Film Coded No. 102-77-1073 of the Official Public Records of said County and State; THENCE North 89 Deg. 36 Min. 28 Sec. East along and with the Northerly line of said Louisiana Gas Development Corporation called 11.449 acre tract, same being a Southerly line of said Will Crenshaw called 207.49 acre tract, a distance of 940.86 feet to a 1/2-inch iron rod found for the Northeast corner of said Louisiana Gas Development Corporation called 11.449 acre tract, same being a Southerly Corner of said Will Crenshaw called 207.49 acre tract; THENCE South 00 Deg. 19 Min. 45 Sec. East along and with the Easterly line of said Louisiana Gas Development Corporation called 11.449 acre tract, same being a Westerly line of said Will Crenshaw called 207.49 acre tract, a distance of 487.58 feet to a 1/2-inch iron rod found for the Southeast Corner of said Louisiana Gas Development Corporation called 11.449 acre tract, same being an interior corner of said Will Crenshaw called 207.49 acre tract, same being in a Northerly line of said Louisiana Gas Development Corporation called 248.917 acre tract; THENCE South 41 Deg. 36 Min. 48 Sec. West along and with a Southeasterly line of said Louisiana Gas Development Corporation called 11.449 acre tract, same being a Northerly line of said Louisiana Gas Development Corporation called 248.917 acre tract, a distance of 273.14 feet to a 1/2-inch iron rod found for the most Southerly Southeast corner of said Louisiana Gas Development Corporation called 11.449 acre tract, same being an angle point of said Louisiana Gas Development Corporation called 248.917 acre tract, THENCE North 89 Deg. 59 Sec. 38 Min. West along and with the Southerly line of said Louisiana Gas Development Corporation called 11.449 acre tract, same being a northerly line of said Louisiana Gas Development Corporation called 207.917 acre tract, a distance of 426.05 feet to a 5/8-inch iron rod marked "Leap Eng." set for the Southwest Corner of said Louisiana Gas Development Corporation called 11.449 acre tract, same being in a Northerly line of said Louisiana Gas Development Corporation Page 6 of7 LEAP Digineering LLC 550 Fannin St,Suite 510,Beaumont,TY 77701 Tel:(409)813-1862 Faxx(409)813-1916 1 10 Smith Legal.max NE&VG/NEEI';ING called 207.917 acre tract, same being in the Centerline of said 125 foot wide Drainage Easement; THENCE in a Northerly direction along and with the Westerly line of said Louisiana Gas Development Corporation called 11.449 acre tract, same being a Easterly line of said Will Crenshaw called 207.49 acre tract same being the centerline of said 125 foot wide Drainage Ditch the following courses and distances; North 35 Deg. 41 Min. 44 Sec. West a distance of 45.19 feet to a point for corner; North 25 Deg. 16 Min. 34 Sec. West a distance of 972.86 feet to a point for corner; North 00 Deg. 19 Min. 34 Sec. West a distance of 133.04 feet to a point for corner; North 27 Deg. 08 Min. 27 Sec. West a distance of 215.90 feet to a point for corner; North 41 Deg. 50 Min. 08 Sec. West a distance of 162.93 feet to a point for corner; North 31 Deg. 44 Min. 51 Sec. West a distance of 53.37 feet to a point for corner, to the PLACE OF BEGINNING, containing 11.435 acre tract of land, more or less. Notes: 1. All bearings noted herein of all tracts described are referenced to the Northwesterly right of way line of Interstate Highway No. 10 being South 41 Deg, 37 Min. 00 Sec. West. 2. These descriptions are being submitted along and with a survey plat (attachment "N') depicting the same tracts described herein. Jeremy D. Russell Registered Professional Land Surveyor No. 5808 Page 7 of 7 LEAP Dqhteering LLC 530 Farurin S6 Suite 510,Aearrmorrl,TX 77701 Tel,(409)813-1862 F'au(409)913-1916 1 10 Smith Legal.max