HomeMy WebLinkAboutPACKET FEB 18 2014It 1('11 u'ITIt 0PPOKIVNIl N
BEA,UMON
T • E • X _e A 9_.._S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 18, 2014 1:30 P.M.
CONSENT AGENDA
Approval of minutes — February 11, 2014
* Confirmation of committee appointments
Carolyn Howard would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire January 7, 2016. (Councilmember Alan B. Coleman)
A) Approve a resolution authorizing the granting of a Pipeline License Agreement with
Enterprise TE Products Pipeline, LLC
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointment be made:
Reappointment Commission
Carolyn Howard Convention and Tourism Advisory Board
Beginning Expiration
of Term of Term
02/18/14 01/07/16
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
February, 2014.
- Mayor Becky Ames -
G7
HIGH WITH OPPORTUNITY
11C
T • E • X • A • S Cit y Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: February 18, 2014
REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline
License Agreement with Enterprise TE Products Pipeline, LLC.
BACKGROUND
Enterprise TE Products Pipeline, LLC has requested permission to install a 20" (twenty inch)
NGL pipeline which will cross one (1) eight inch (8 ") water line and one eight inch (8 ") sanitary
sewer line located within TXDOT right -of -way located on the East side of State Highway 347;
one (1) twelve inch (12 ") water line within TXDOT right -of -way located on the West side of US
1 -1w,v 69. The pipeline is for the purpose of transporting oil, gas, water, carbon dioxide or their
refined products, and will be constructed in accordance with City requirements.
Chere is a one -time fee of S500.00 for the Pipeline License Agreement.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT-
THAT the City Manager be and he is hereby authorized to grant a Pipeline License
Agreement to Enterprise TE Products Pipeline, LLC, substantially in the form attached
hereto as Exhibit 'A" to install a twenty inch (20 ") pipeline to cross one (1) eight inch (8 ")
water line and one (1) eight inch (8 ") sanitary sewer line located within TxDOT right -of -way
located on the East side of State Highway 347 and one (1) twelve inch (12 ") water line
within TxDOT right -of -way located on the West side of US Hwy 69 for the purpose of
transporting oil, gas, water, carbon dioxide or their refined products, said pipeline is to be
constructed in compliance with City requirements.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
February, 2014.
- Mayor Becky Ames -
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: C I j 381 -5474
Business Address: Attn: Scheri Mireles 1 100 Louisiana St; Saito 1 000- Nnncton TX 7700?
The City of Beaumont, hereinafter called "City ", for and in consideration of the sum
specified herein
hereby grants to
Enterprise TE Products Pipeline Company LLC
hereinafter called "Licensee ", the license
to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water,
or their products, on or across the following property situated in the City of Beaumont,
Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
Street Name or R.O.W. Description Length Linear Feet)
SH 347- east side in TXDOT ROW- 8" sewer and 8" water (no ROW)
1
EXHIBIT "A"
COST OF LICENSE::
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
o Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10) years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Engineering Division and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply with
the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
All pipelines crossing public rights -of -way shall be bored from right -of -way
line to right -of -way line. Within these limits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
The pipeline shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City property.
2
o The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and /or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Engineering Division and /or the Texas
Department of Transportation.
o Operations along roadways shall be performed in such a manner that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right -of -way features as a result of this installation will be borne
by the owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street or roadway be allowed. All barricading must be by permit and
approved by the City (Public Works Department) in advance.
o Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the property involved. Written proof of said permission is to be
provided to the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by the City of Beaumont.
3
o Any licenses, permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity, then documentation
regarding such will be provided to the City of Beaumont.
Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
A map showing the location of the proposed pipeline shall be provided.
(1 "= 2,000' City of Beaumont map or United States Geological Survey
Map)
0 The pipeline shall be maintained and operated in such a manner as not to
leak and /or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
Permits which allow lines to be maintained or constructed in City right -of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
Installation will be done in accordance with all City standards and statutes
of the State of Texas.
F.
REQUIRED COVERAGE:
o Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
o Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice to
the City. The bond shall be good and in effect for a period of one (1) year
from the date of completion of construction of the pipeline.
0 Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
5
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTION /MAINTENANCE WITHIN R.O.W.:
o City will use its best efforts to notify Licensee of any proposed
construction and /or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and /or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty -eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
o City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
I
o Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private; corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided, however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street , alley, easement or other right -of-
way.
NOTIFICATIONANSPECTION:
o Any and all work to be performed on City right -of -way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
0 Licensee shall provide the City (Public Works Department - Engineering
Division) twenty -four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty -four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
o Licensee shall notify the Engineering Division at least forty -eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either party attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty (3 0) days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Name of Licensee: Enterprise TE Products Pipeline Company LLC
P.O. Box 3 827
Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St; Suite 1000
Attn: City Manager City and State of Licensee: Houston, TX 77002
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the City Engineer. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
L
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set: forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of , A.D. 20
CITY OF BEAUMONT, TEXAS
ATTEST:
City Clerk
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
Enterprise TE Products Pipeline Company LLC
Represented by:
jaCJ
ATTEST:
By.
\ pipelines\ \pipe] in e_1icense—agree 9 Revised 12 -14 -2007
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JEFFERSON COUNTY, TEXAS
PELHAM HUMPRIES SURVEY, A -32
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1" = 2000' BEAUMONT EAST, TEXAS (30094 -A1)
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1. HORIZONTAL DATUM: UTM ZONE 15 NORTH, NAD83 AND VERTICAL DATUM:
ORTHOMETRIC HEIGHTS BASED ON NAVD88 (GEOID09) AS DERIVED FROM GPS
OBSERVATIONS.
2. EXISTING UTILITIES ARE SHOWN IN APPROXIMATE LOCATION GENERATED FROM
i PREVIOUS MAPS AND SURVEY. CONTRACTOR SHALL VERIFY EXACT LOCATION AND
c° ELEVATION OF ALL EXISTING UTILITIES IN THE AREA OF WORK PRIOR TO
o CONSTRUCTION AND CALL THE ONE CALL SYSTEM (811) AND ALL OTHER UTILITY
S COMPANIES AT LEAST 2 WORKING DAYS (48 HOURS) PRIOR TO CONSTRUCTION.
c° 3. THIS CROSSING IS DESIGNED AND WILL BE CONSTRUCTED IN ACCORDANCE WITH
c_° TITLE 49. CODE OF FEDERAL REGULATIONS. PART 195.
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SHEET 1 OF 5
o, AEGIS PROJECT - SEGMENT 1
SURVEYING AND MAPPING INC. (SAM INC.)
III11 KATY FREEWAY, SUITE 200
ENTERPRISE TE PRODUCTS
o JOB NUMBER: 32413
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I `bi + HOUSTON. TEXAS 77079
4 (713) 973 -5100
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PIPELINE COMPANY LLC
PROPOSED CROSSING DETAIL
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TRACT ID: CITY OF BEAUMONT
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AEGIS PROJECT SEGMENT 1
CITY OF BEAUMONT
COMPANY LLC
TEXAS FIRM REGISTRATION NO 10064300
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ORTHOMETRIC HEIGHTS BASED ON NAVD88 (GEOID09) AS DERIVED FROM GPS
OBSERVATIONS.
0 2. EXISTING UTILITIES ARE SHOWN IN APPROXIMATE LOCATION GENERATED FROM
PREVIOUS MAPS AND SURVEY, CONTRACTOR SHALL VERIFY EXACT LOCATION AND
ELEVATION OF ALL EXISTING UTILITIES IN THE AREA OF WORK PRIOR TO
n CONSTRUCTION AND CALL THE ONE CALL SYSTEM (811) AND ALL OTHER UTILITY
`a COMPANIES AT LEAST 2 WORKING DAYS (48 HOURS) PRIOR TO CONSTRUCTION.
c° 3. THIS CROSSING IS DESIGNED AND WILL BE CONSTRUCTED IN ACCORDANCE WITH
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 195.
SHEET 2 OF 5
AEGIS PROJECT - SEGMENT 1
SURVEYING AND MAPPING INC. (SAM INC.)
__ IIIII KATY FREEWAY. SUITE 200
SUITE
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DATE:01 i7 2014
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NOT TO SCALE
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iu� OBSERVATIONS.
0 2. EXISTING UTILITIES ARE SHOWN IN APPROXIMATE LOCATION GENERATED FROM
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NOT TO SCALE
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iu� OBSERVATIONS.
0 2. EXISTING UTILITIES ARE SHOWN IN APPROXIMATE LOCATION GENERATED FROM
i PREVIOUS MAPS AND SURVEY. CONTRACTOR SHALL VERIFY EXACT LOCATION AND
°c ELEVATION OF ALL EXISTING UTILITIES IN THE AREA OF WORK PRIOR TO
AL CONSTRUCTION AND CALL THE ONE CALL SYSTEM (811) AND ALL OTHER UTILITY
a COMPANIES AT LEAST 2 WORKING DAYS (48 HOURS) PRIOR TO CONSTRUCTION.
3. THIS CROSSING IS DESIGNED AND WILL BE CONSTRUCTED IN ACCORDANCE WITH
t TITLE 49, CODE OF FEDERAL REGULATIONS, PART 195.
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SHEET 3 OF 5
AEGIS PROJECT — SEGMENT 1
JOB NUMBER:32413
SURVEYING AND MAPPING INC. (SAM INC.)
IIIII KATY FREEWAY, SUITE 200
ENTERPRISE T PRODUCTS
DATE:01 17 2014
n
yI HOUSTON, TEXAS 77079
-{ (713) 973 -5100
F� x:(713)973 -5150
PIPELINE COMPANY LLC
PROPOSED CROSSING DETAIL
SCALE: NO SCALE
ry SURVEYOR: C. PAUL JONES SR.
i TECHNICIAN: AARON P BOHLS
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PRODUCTS PIPELINE
TEx 11— REG1— TION NO. 10064300
AEGIS PROJECT SEGMENT 1
a CITY OF BEAUMONT
COMPANY LLC
PROPOSED AEGIS 20" LIQUID ETHANE PIPELINE DESIGN DATA
CONVENTIONAL INSTALLATION
1.0 GENERAL INFORMATION
1.1 APPLICANT /OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC
1.2 PIPELINE NAME: AEGIS ETHANE HEADER, SEGMENT 1 PIPELINE PROJECT
1.3 PRODUCT: LIQUID ETHANE
1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR APRIL 2014
2.0 PIPELINE DESIGN DATA
2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ( "DOT ") STANDARD CFR TITLE 49, PART 195,
"TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION
PIPELINE SAFETY RULES AND ASME 861.4
2.2 DESIGN PRESSURE: 1480 PSIG
2.3 HYDROSTATIC TEST PRESSURE: 2160 PSIG MIN.
2.4 DESIGN FACTOR: 0.72
3.0 CATHODIC PROTECTION
3.1 RECTIFIER IMPRESSED CURRENT
4.0 CONSTRUCTION METHOD
4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT.
5.0 CONVENTIONAL LINE PIPE
5.1 OUTSIDE WALL DIAMETER: 20"
5.2 WALLTHIC:KNESS: 0.300000"
5.3 PIPE SPECIFICATION: APL 5L
S.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI)
5.5 MATERIAL: STEEL
5.6 PROCESS OF MANUFACTURE: ERW
5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE)
SHEET 4 OF 5
AEGIS PROJECT — SEGMENT 1
ENTERPRISE PIPELINE
PR",PTANYILLCINE
SURVEYING AND MAPPING INC. (SAM INC.)
IIIII KATY FREEWAY, SUITE 200
HOUSTON, TEXAS 77079
° (713) 973 -5100
-,,- FAX 973-5150
r EMAIL: sAM ®saMlNC.elz
-" -
T.- M -I-T- 10064300
FIR
ENTERPRISE TE PRODUCTS
PIPELINE COMPANY LLC
PROPOSED CROSSING DETAIL
PIPELINE DESIGN DATA
PROJECT SEGMENT 1
JOB NUMBER: 32413
DATE:OI 17 2014
SCALE: NO SCALE
SURVEYOR: C. PAUL JONES SR.,
TECHNICIAN: AARON P BOHLS
DRAWING: CITY OF BEAUMONT
TRACT ID: CITY OF BEAUMONT
CITY OF BEAUMONT
PROPOSED AEGIS 20" LIQUID ETHANE PIPELINE DESIGN DATA
BORE AND HDD INSTALLATION
1.0 GENERAL INFORMATION
1.1 APPLICANT /OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC
1.2 PIPELINE NAME: AEGIS ETHANE HEADER, SEGMENT 1 PIPELINE PROJECT
1.3 PRODUCT: LIQUID ETHANE
1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR APRIL 2014
2.0 PIPELINE DESIGN DATA
2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ( "DOT ") STANDARD CFR TITLE 49, PART 195,
"TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION
PIPELINE SAFETY RULES AND ASME B61.4
2.2 DESIGN PRESSURE: 1480 PSIG
2.3 HYDROSTATIC TEST PRESSURE: 2160 PSIG MIN.
2.4 DESIGN FACTOR: 0.72
3.0 CATHODIC PROTECTION
3.1 RECTIFIER IMPRESSED CURRENT
4.0 CONSTRUCTION METHOD
4.1 PIPELINE: WILL BE INSTALLED BY HDD AND /OR BORE.
5.0 BORE AND /OR HDD LINE PIPE
5.1 OUTSIDE WALL DIAMETER: 20"
5.2 WALLTHICKNESS: 0.437500"
5.3 PIPE SPECIFICATION: APL 5L
5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI)
5.5 MATERIAL: STEEL
5.6 PROCESS OF MANUFACTURE: ERW
5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION
RESISTANCE OVERLAY (ARO)
6.0 CASING PIPE
6.1 OUTSIDE WALL DIAMETER: 26"
6.2 WALL THICKNESS: 0.344"
6.3 PIPE SPECIFICATION: GRADE B
6.4 SPECIFIED MINIMUM YIELD STRENGTH: X35 (35,000 PSI)
6.5 MATERIAL: STEEL
6.6 PROCESS OF MANUFACTURE: ERW
6.7 EXTERIOR COATING: BARE
SHEET 5 OF 5
AEGIS PROJECT - SEGMENT 1
ENTERPRISE TE
PRODUCTS PIPELINE
_COMPANY LLC
SURVEYING AND MAPPING INC. (SAM INC.)
11111 KATY FREEWAY, SUITE 200
I s �' HOUSTON, TEXAS 77079
4 (71J)973 -5100
_`,', FAR: SAM SAMINC.
EMAIL: SAM ®SAMINC.BIZ
-" -- .. _' " "`
TEXAS FIRM REGISTRATION N..ID06C500
ENTERPRISE TE PRODUCTS
PIPELINE COMPANY LLC
PROPOSED CROSSING DETAIL
PIPELINE DESIGN DATA
AEGIS PROJECT SEGMENT 1
JOB NUMBER: 32413
DATE: 01 17 2014
SCALE: NO SCALE
SURVEYOR: C. PAUL JONES SR.
TECHNICIAN: AARON P BOHLS"
DRAWING: CITY OF BEAUMONr
TRACT ID: CITY OF BEAUMONT
CITY OF BEAUMONT
PROPOSED AEGIS 20" LIQUID ETHANE PIPELINE DESIGN DATA
1.0 GENERAL INFORMATION
1.1 APPLICANT /OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC
1.2 PIPELINE NAME: AEGIS ETHANE HEADER, SEGMENT 1 PIPELINE PROJECT
1.3 PRODUCT: LIQUID ETHANE
1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR APRIL 2014
2.0 PIPELINE DESIGN DATA
2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ( "DOT ") STANDARD CFR TITLE 49, PART 195,
"TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION
PIPELINE SAFETY RULES AND ASME B61.4
2.2 DESIGN PRESSURE: 1480 PSIG
2.3 HYDROSTATIC TEST PRESSURE: 2160 PSIG MIN.
2.4 DESIGN FACTOR: 0.72
3.0 CATHODIC PROTECTION
3.1 RECTIFIER IMPRESSED CURRENT
4.0 CONSTRUCTION METHOD
4.1 PIPELINE WILL BE INSTALLED BY BORE.
5.0 BORE AND /OR HDD CARRIER LINE PIPE
5.1 OUTSIDE WALL DIAMETER: 20"
5.2 WALL THICKNESS: 0.562500"
5.3 PIPE SPECIFICATION: API-51-
5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI)
5.5 MATERIAL: STEEL
5.6 PROCESS OF MANUFACTURE: ERW
5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION
RESISTANCE OVERLAY (ARO)
6.0 CASING PIPE
6.1 OUTSIDE WALL DIAMETER: 26"
6.2 WALL THICKNESS: 0.344"
6.3 PIPE SPECIFICATION: GRADE 13
SHEET 6 OF 6
AEGIS PROJECT - SEGMENT 1
ENTERPRISE TE
PRODUCTS
SURVEYING AND MAPPING INC. (SAM INC.)
IIIII KATY FREEWAY. SUITE 200
i 1 HOUSTON, TEXAS 77079
I. ., # (713)973 -5100
' "`" FAX: (713) 973 -5150
" M .,,y EMAIL: SAMOSAMINC.-
..,�TR«•+Ifl +lwr +ICC. Izluru• _
' -- -. _.. _ - ---
TEXAS FIRM REGISTRATION NO. 1006L300
ENTERPRISE TE PRODUCTS
PIPELINE COMPANY LLC
PROPOSED CROSSING DETAIL
PIPELINE DESIGN DATA
AEGIS PROJECT SEGMENT 1
JOB NUMBER:32413
DATE: 01 17 2014
SCALE: NO SCALE
SURVEYOR: C. PAUL JONES SR.
TECHNICIAN: AARON P BONLS
DRAWING:CITY OF BEAUMONT
TRACT ID: CITY OF BEAUMONT
CITY OF BEAUMONT
RIC"ll Willi OPPORTUNITY
1
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 18, 2014 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1 -2 /the Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a resolution approving an industrial district agreement with
Natgasoline LLC, a wholly -owned subsidiary of OCI N.V.
2. Consider approving a resolution approving the purchase of a data storage system
from Sigma Solutions, Inc. for use in all City Departments
WORK SESSION
* Herman & Kittle Properties, Inc. will make a request regarding a proposed
apartment complex on Old Dowlen Road to be named Cypress Place LP. The
Developer is applying for Housing Tax Credits with the Texas Department of
Housing and Community Affairs
* Discuss the naming of the North End Community Center, located at 3580 E.
Lucas, in honor of Judge John Paul Davis
COMMENTS
* Councilmembers /City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Statement of Intent of Entergy Texas, Inc. to change rates and reconcile fuel costs;
Public Utility Commission Docket No. 41791
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting.
fl
February 18, 2014
Consider approving a resolution approving an industrial district agreement with Natgasoline LLC, a
wholly -owned subsidiary of OCI N.V.
RICH WITH OPPORTUNITY
C, �
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial OfficeT, I*
February 18. 2014
REQUESTED ACTION: Council consider a resolution approving an industrial
district agreement with Natgasoline LLC. a wholly -owned
subsidiary of OCI N.V.
BACKGROUND
Natgasoline LLC plans to construct a new chemical plant including a methanol unit and a
methanol to gas unit on land purchased from Eastman Chemical Company. The Company «-111
receive 100% tax abatement for payments due in 2015 through 2024. on all new construction and
improvements to existing land. Payments for each year of the agreement shall be equal to 100° o
of the Assumed City Taxes Due on existing real property during the years of abatement. 2015-
2024.
The draft agreement with Natgasoline LLC is attached for your review. The 2014 payment was
paid at 100% at the time of the purchase of the land from Eastman.
FUNDING SOURCE
Not applicable
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Agreement with Natgasoline, LLC, a wholly -owned subsidiary of OCI N.V. The contract is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
February, 2014.
- Mayor Becky Ames -
DRAFT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of § 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation
and a home -rule city located in Jefferson County, Texas, hereinafter called "City," and
Natgasoline, LLC, a Texas limited liability company and a wholly -owned subsidiary of
OCI N.V., hereinafter called "Company."
0CCARAQ1 C
WHEREAS, City has established an industrial district comprising a certain part of
the extra- territorial jurisdiction of City, such industrial district being known as City of
Beaumont Industrial District (the "District ").
WHEREAS, Company and /or its Affiliates (as hereinafter defined) owns and /or
leases land and improvements which are part of the manufacturing and industrial
facilities of Company and /or its Affiliates located within District, such land and
improvements being more particularly described in Exhibit "A" attached hereto (the
"Property ")
WHEREAS, Company recognizes the benefits of this Agreement and an
obligation to contribute to the revenue needs of said City in an amount commensurate
Page 1
EXHIBIT "A"
DRAFT
with the burdens placed upon City and benefits derived by Company by reason of being
located immediately adjacent to City.
WHEREAS, Company and City desire to base the industrial district payment on
assessed value to ensure equity among the companies;
WHEREAS, City desires to encourage the addition of new improvements to the
Company's property located within the City of Beaumont Industrial District;
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
ARTICLE I.
COMPANY'S OBLIGATION
1. The Company will receive 100% tax abatement for payments due in the years
of 2015 through 2024, on all new construction and improvements to existing land and
facilities on the herein described property. This abatement does not include the value
of the existing property described in Exhibit "A." The Company shall be responsible for
the payment of ad valorem taxes based upon the existing value of the property and
improvements currently existing in Exhibit "A" as determined by the Jefferson County
Appraisal District. 'The Company shall notify City in writing at least thirty (30) days prior
to the date any construction that will be subject to abatement is scheduled to commence
2. Company will make an annual payment to City on or before February 1St of
each such year computed based on 100% of the Assessed Value of the Company's
existing real property covered by this Agreement (herein "the property ") as provided
Page 2
DRAFT
herein (the "Annual Payment ") . Upon expiration of the abatement period, the Annual
Payment shall include all property covered by this Agreement.
3. "Assessed Value" means the 100% valuation of existing Company property
as determined by the Jefferson County Appraisal District for the previous tax year.
4. "Assumed City Taxes Due" means the number obtained by the following
formula:
Assessed Value Less Improvement Value Subject to Abatement / 100 x
Current City Tax Rate = Assumed City Tax Due
5. In October of each year the Finance Officer for City shall obtain the most
recent Assessed Value as set by the Jefferson County Tax Appraisal District and such
valuation shall be used for the Annual Payment due the following February; by way of
example, October 2013 Assessed Values would be used for the February 1, 2014
payment.
If the assessed values are in question and /or under litigation with the Jefferson
County Appraisal District, payment shall be computed on the most recent certified
values from the Jefferson County Appraisal District. The Company shall notify the City
following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
Page 3
DRAFT
6. Payments for each year of the agreement shall be equal to 100% of the
Assumed City Taxes Due, as defined above, on real property during the years of
abatement, 2015 thru 2024.
City shall bill Company for payments due hereunder on or before January 1 each
year. Company shall pay to City the amount billed on or before February 1 each year.
Upon receiving the final payment, the Finance Officer shall issue an official receipt of
said City acknowledging full, timely, final and complete payment due by said Company
to City for the property involved in this Agreement for the year in which such payment is
made. If payment is not made on or before any due date, the same penalties, interest,
attorneys' fees and costs of collection shall be recoverable by City as would be
collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely
made, all payments which otherwise would have been paid to City had Company been
in the city limits of City will be recaptured and paid to City within 60 days of any such
event.
ARTICLE II.
PROPERTY COVERED BY AGREEMENT
This Agreement will reflect the intention of the parties hereto that this Agreement
shall govern and affect the properties of Company and /or its Affiliates (facilities, real,
personal, and mixed) located on the Property more particularly described in Exhibit "A ",
which are within the extra- territorial jurisdiction of the City of Beaumont. "Affiliates" shall
mean any entity owned entirely or in part by Company.
Page 4
DRAFT
ARTICLE III.
SALE BY COMPANY
(a) Company shall notify City of any sale of any or all of Company's facilities
to any person or entity. It is the intent of the parties that no sale of any of Company's
facilities will affect the amount to be paid to City as provided under this Agreement.
Accordingly, and as to payments due under this Agreement, no such sale shall reduce
the amount due City under this Agreement until the purchaser of such facility has
entered into a contract in lieu of taxes with City that provides for a continuation of like
payments to City.
(b) Company shall have the right to assign, transfer or convey all, or any part
of, its rights, title and interest in the Agreement in connection with any transfer or
conveyance of title to all or any part of the properties subject to this Agreement to any
person or entity at any time of this Agreement; provided, however, that Company shall
provide City with written notice of such assignment. Company shall be relieved of its
obligations under this Agreement to the extent that an assignee expressly assumes
Company's obligations in a written instrument binding such assignee to City. Subject to
the preceding, this Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns.
Page 5
DRAFT
ARTIrI P IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or
permit to be annexed any portion of lands or facilities or properties of said Company
covered by this Agreement for the period of the Agreement except as follows:
(a) If the City determines that annexation of all or any part of the
properties covered by this Agreement belonging to said Company is reasonably
necessary to promote and protect the general health, safety and welfare of persons
residing within or adjacent to the City, the City will notify Company in accordance with
state law of the proposed annexation. In the event of such annexation, Company will
not be required to make further payment under this Agreement for any calendar year
commencing after such annexation becomes final with respect to the property so
annexed, but shall nevertheless be obligated to make full payment for the year during
which such annexation becomes effective if the annexation becomes effective after
January 1st of said year.
(b) In the event any municipality other than the City attempts to annex
separately or in the event the creation of any new municipality shall be attempted so as
to include within its limits any land which is the subject matter of this Agreement, City
shall, with the approval of Company, seek immediate legal relief against any such
attempted annexation or incorporation and shall take such other legal steps as may be
necessary or advisable under the circumstances with all costs of such action being
Page 6
DRAFT
borne equally by the City and by the said Company or companies with Company's
portion allocated on the basis of Assessed Values.
2. The City further agrees that during the term of this Agreement, there shall
not be extended or enforced as to any land and property of Company within said City of
Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in
any way to control the platting and subdivisions of land, (b) prescribing any buildings,
electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate
or control in any way the conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this Agreement or any
renewals thereof, City shall not be required to furnish any municipal services to
Company's property located within the City of Beaumont Industrial District; provided,
however, City agrees to furnish fire protection to Company should such protection be
requested by Company in the event an unusual emergency situation occurs.
ARTIrl F \/
TERMINATION FOR BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the
parties and that, therefore„ in addition to any action at law for damages which either
party may have, Company shall be entitled to enjoin the enactment or enforcement of
any ordinance or charter amendment in violation of, or in conflict with, the terms of this
Agreement and shall be entitled to obtain such other equitable relief, including specific
performance of the Agreement, as is necessary to enforce its rights. It is further agreed
Page 7
DRAFT
that should this Agreement be breached by Company, City shall be entitled, in addition
to any action at law for damages, to obtain specific performance of this Agreement and
such other equitable relief necessary to enforce its rights.
ARTICLE VI.
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to
Company's "parent," "affiliates" and to any properties owned or acquired by said parent
and affiliates within the area described in Exhibit "A" to this Agreement, and where
reference is made herein to land, property and improvements owned by Company, that
shall also include land, property and improvements owned by its parent and /or affiliates.
The word "affiliates" as used herein shall mean all companies with respect to which
Company directly or indirectly, through one or more intermediaries at the time in
question, owns or has the power to exercise the control over fifty percent (50 %) or more
of the stock having the right to vote for the election of directors. The word "parent" as
used herein shall mean all companies which directly or indirectly, through one or more
intermediaries at the time in question, owns or has the power to exercise control over
fifty percent (50 %) of the stock having the right to vote for the election of directors of
Company.
ARTICLE VII.
TERM OF AGREEMENT
The term of this Agreement shall be for ten years, expiring December 31, 2024.
Page 8
DRAFT
NOTICES
Any notice provided for in this Agreement, or which may otherwise be required by
law shall be given in writing to the parties hereto by certified mail addressed as follows-
Tr) (` ITV
TO COMPANY
City of Beaumont Natgasoline LLC
Attn: City Manager PO Box 2008
801 Main Street Nederland, TX 77627
Beaumont, Texas 77704
IN WITNESS THEREOF, this Agreement, consisting of pages plus Exhibit
"A" is executed in duplicate counterparts as of this day of , 2014.
CITY OF BEAUMONT, TEXAS
ATTEST:
Tina Broussard
City Clerk
ATTEST:
la
Page 9
Kyle Hayes
City Manager
NATGASOLINE, LLC
DRAFT
EXHIBIT "A"
The proposed project is to construct a new Chemical Plant. The ability to
construct this plant will enable Company to increase its productivity and
marketing ability. The facility would be constructed on approximately 514 acres of
land (the defined boundary of the OCI Reinvestment Zone is attached).
Significant components of the facility will include:
The project provides for the design and construction of one (1) methanol unit and
one (1) methanol to gasoline unit (MtG), related utility, infrastructure and logistics
improvements.
The proposed investment (or construction) for which the tax limitation is sought
will include one (1) methanol unit and one (1) methanol to gasoline unit (MtG),
along with all process auxiliaries including but not limited to packaged systems,
blowers and fans, furnaces, heat exchangers, electrical heaters, , rotary valves,
vessels, reactors, scales, trolleys and hoists pipe ways, utility service lines, raw
material pipelines, storage tanks, compressors, drums, heat exchangers, pumps,
filters piping, insulation, electrical switchgear, transformers, instrumentation
equipment, equipment and structural foundations and supports, control
equipment and facilities, warehouses, raw material and utility distribution
improvements, flare, shipping facility improvements, inter -plant piping, other
chemical processing equipment, modifications, tie -ins, upgrades and revamps to
existing facilities, air compressors, electrical sub - stations, road improvements,
utilities (including all lines), flares, tankage, pipe connections, cooling towers,
waste water units, control, administration and other plant buildings, water and
sewer treatment facilities, fire prevention and safety equipment, any other
tangible personal property utilized in the process, storage, quality control,
shipping, waste management and general operation of the methanol and MtG
units and any other infrastructure additions, upgrades and modifications related
to the methanol unit.
The qualified investment and qualified property will also include any other
necessary equipment to construct a fully functioning manufacturing plant.
Page 10
sa
STATE OF TEXAS § IN THE COMMISSIONERS COURT
COUNTY OF JEFFERSON § OF JEFFERSON COUNTY, TEXAS
AN ORDER OF THE COMMISSIONERS COURT OF JEFFERSON
COUNTY, TEXAS DESIGNATING A REINVESTMENT ZONE
PURSUANT TO SEC 312.401 OF THE TAX CODE
(THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT)
BE IT REMEMBERED at a meeting of Commissioners Court of Jefferson County,
Texas, held on the �4 � day of 2013 on motion made
by rdd ie 11-1zN6 r.6 Commissioner of Precinct No , and seconded
by 5r.,Aef LLPLv�,e , Commissioner of Precinct No R , the following Order
was adopted
WHEREAS, the Commissioners Court of Jefferson County, Texas desires to create
the proper economic and social environment to induce the investment of private resources
in productive business enterprises located in the county and to provide employment to
residents of the area; and,
WHEREAS, the Commissioners Court did, by Order of this Court on August 15, 2011, creat(
the Pandora Methanol LLC Reinvestment Zone; and
WHEREAS, OCI N.V. did acquire the controlling interest in Pandora Methanol, LLC renamin
OCI- Beaumont and now wishes to invest in considerable expansion of its methanol and ammonia
units within the Pandora Methanol Reinvestment Zone; and
WHEREAS, the Commissioners Court did, by Order of this Court on December 2, 2013,
create the OCI-Firewater Reinvestment Zone, which is adjoins the Pandora Methanol LLC
Reinvestment Zone; and
WHEREAS, to accommodate new investment by OCI in Jefferson County, it is in the
best interest of the County to merge and designate the OCI-Firewater and Pandora
Methanol LLC Reinvestment Zones property within the Beaumont, TX ETJ, as a unified
reinvestment zone, pursuant to Sec. 312. 401, Tax Code (The Property Redevelopment and
Tax Abatement Act)
IT 1S THEREFORE ORDERED BY THE COMMISSIONERS COURT OF
JEFFERSON COUNTY, TEXAS
Section 1. That the Commissioners Court hereby orders that the property previously
designated as OCI- Firewater Reinvestment Zone and the Pandora Methanol
LLC Reinvestf gent Zone be merged to become the OCI Reinvestment Zone at
6470 N, Twin City Highway, Nederland, Jefferson County, TX 77627 (mailing
purposes only), further described in the legal description attached hereto as
Exhibit "A" and made apart hereof for all purposes, as a Reinvestment Zone
(the "Zone ")
Section 2 That the Commissioners Court finds that the Zone area meets the
qualifications of the Texas Redevelopment and Tax Abatement Act
(hereinafter referred to as the "Act ".)
99
Section ?. That the Commissioners Court has heretofore adopted Guidelines and Criteria
for Granting Tax Abatements in Reinvestment Zones in Jefferson County,
Texas.
Section 4 That the Commissioners Court held a public hearing to consider this Order on
the 2 " day of December, 2013.
Section 5. The Commissioners Court finds that such improvements are feasible and will
benefit the Zone after the expiration of the agreement
Section 6. The Commissioners Court finds that creation of the Zone is likely to contribute
to the retention or expansion of primary employment in the area and/or would
contribute to attract major investments that would be a benefit to the property
and that would contribute to the economic development of the community
Section 7. That this Order shall take effect from and after its passage as the law in such
cases provides.
Signed this ��' day of
Rw� If?fJ "I
C, t,
OG�tl R
tt ON Couvly
t�tlh'uti'Lti'�~,
COMMISSIONER EDDIE ARNOLD
Precinct No. 1
COMMISSIONER BRENT A. WEAVER
Precinct No. 2
2613.
�. BRANICK
my Judge
COMVISSTONER MICHA '� .- SINEGAL
Precinct No. 3 ff
q V fA MIS I ER EVE TTE D, ALFRED
nct No 4
rXr4; f�p/13 8G /- f /R.�csdR��2
iao
TRACT I (Fee Simple
BEING a 4.6344 acre tract or parcel of land situated in the Phelam Ilumphry League, Abstract No. 32,
Jefferson County, Texas and being the remainder of Lots 8, 9, & 10 of the Resubdivision of the Daniel
Lewis Land in the Pheiam Huinpiny League as recorded in Volume 1, Page 44, Map Records, Jefferson
County, Texas and also being all of that certain called 4,6453 acre tract of land, identified as Tract One,
as described in a "Special Warranty Deed" from Edward R deZevallos and Robert Price, Jr. to Jefferson
Triangle Marine, L.P. as recorded in Clerk's File No. 98- 9821354, Official Public Records of Real
Property, Jefferson County, Texas, and being all of that certain called 4.6344 acre tract, identified as
TRACT ONE, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX
ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property,
Jefferson County, Texas, said 4.6344 acre tract being more particularly described as follows:
NOTE: All bearings are based on the Northeasterly line of that ccr #urn called 9.6453 acre tract, identified
as Tract Otte, as described in a "Special Warranty .deed" fivin T chvard P. deZevallos and Robert Price,
Jr. to Jefferson triangle Mwlrie, L.P. as recorded in Clerk`s File No. 98- 9821354, Ofjlcial Public
Records of Real Property, Jefferson Count, Texas as SOUTH 44 120 '08" EAST
BEGINNING at a 5/8" iron rod found for the most Northerly corner of the tract Herein described, said
corner also being the intersection of the Northerly line of the said Lot 8 and the Westerly right -of -way
line of the Kansas City Southern Railroad (based on a width of 100 feet);
THENCE SOUTH 44 020'08" EAST, along and with the Westerly right-of-way line of the Kansas City
Southern Railroad, for a distance of 714.22 feet to a 518" iron rod found for corner, said corner being the
most Northerly corner of that certain called 4.960 acre tract of land, identified as Tract Two, as described
in a "Special Warranty Deed" from Bo -Mac Contractors, Ltd. to Camille J, Landry, Mitchell P. Landry
and Regina M. Landry d/b/a Deep South Crane & Rigging Co. as recorded in Clerk's File No.
2003031413, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 45 °24'51" WEST, for the boundary between the tract heroin described and the said
4,960 acre Deep South Crane & Rigging Co. tract, for a distance of 432.78 feet to a 1/2" iron rod found
for corner, said corner being the most Westerly corner of the said 4.960 acre beep South Crane &
Rigging Co. tract, the most Northerly corner of that certain called 0.846 acre tract of land, identified as
Tract One, as describer) in a "Special Warranty Deed" from Bo -Mac Contractors, Ltd, to Camille J.
Landry, Mitchell P. Landry and Regina M. Landry d /b /a Deep South Carne & Rigging Co. as recorded in
Clerk's File No. 2003031413, Official Public Records of Real Property, Jefferson County, Texas and also
being the most Easterly corner of that certain called 0.2153 acre tract of land as described in a "Warranty
Deed" from MKC Energy Investments, Inc. to Camille J. Landry, Mitchell P. Landry and Regina M.
Landry d /b /a Deep South Crane & Rigging Cc, as recorded in Clerk's File No. 2004003596, Official
Public Records of Real Property, Jefferson County, 'Texas;
THENCE NORTH 47 055'06" WEST, for the boundary between the tact herein described and the said
0.2153 acre Deep South Crane & Rigging Co. tract, for a distance of 114.58 feet to a 5/8" iron rod found
for corner, said corner being in the Northeasterly right -of -way Iine of State Highway No, 347, and said
corner also being the beginning of a curve to the right having a radius of 410.58 feet and being subtended
by a chord bearing NORTH 37 001137" PAST with a chord length of 120,77 feet;
THENCE NOR`I IPEASTERLY, along and with the Northeasterly right -of -way fine of State Highway No.
347 and along and with Said curve, for an are length of 121.21 feet to a Texas Department of
Transportation concrete monument (broken;) found for corner;
Commitment forTii}a rnsmaiko (Fun" T 7)
101
THENCE, NORTH 46 °02'51" EAST, continuing along and with the Northeasterly right -of -way line of
State Highway No. 347, for a distance of 58.28 feet to a Texas Department of Transportation concrete
monument found for corner;
THENCE NORTH 38 "11'29" WEST, continuing along and with the Northeasterly right -of -way line of
State Highway No, 347, for a distance of 247.57 feet to a Texas Department. of Transportation concrete
monument found for corner;
THENCE SOUTH 46 033132" WEST, eontinaing along and with the Northeasterly right -of -way line of
State Highway No. 347, for a distance of 30.50 feet to a Texas Department of Transportation concrete
monument found for corner;
THENCE NORTH 38 017'20" WEST, continuing along and with the Northeasterly right -of -way line of
State Highway No, 347, for a distance of 339.48 feet to a 518" iron rod found for corner, said corner being
in the common line between the said Lot 8 and Lot I of the said Resubdivision of the Daniel Lewis Land;
THENCE NORTH 45 043'05" EAST, for the boundary between the said Lots I and 8, for a distance of
230.50 feet to the POINT OF BEGINNING and containing 4.6344 ACRES, more or' less.
TRACT II Xcc Simple)
BEING a 21.1268 acre tract or par -eel of land situated in the Phelan Humphry League, Abstract No. 32,
Jefferson County, Texas and being out of and part of that certain called 62.71 acre tract of land as
described in a "Warranty Deed" by J.T. Shelby to Texas Gulf Sulphur Company as recorded in Volume
812, Page 470, Deed Record, Jefferson County, Texas and also being all of that certain called 21.1253
acre tract, identified as Tract Two, as described in a "Special Warranty Deed" from Edward P. deZevallos
and Robert Price, Jr, to Jefferson 'Triangle Marine, L.P, as recorded in Clerk's File No, 98- 9821354,
Official Public Records of Real Property, Jefferson County, Texas, and being all of that certain called
21.1268 aete tract, identified as TRACT TWO, as described in a "Special Warranty Deed" from Jefferson
Triangle Marine, L,P, to TX ENERGY, LLC as recorded in Clerk's File No, 2007047460, Official Public
Records of Real Property, Jefferson County, Texas, said 21,1268 acre tract being more particularly
described as follows:
NOTE': All bearings are bused on the Northeasterly line of that certain called 4.6453 acre tract, Identified
as Tract Otte, as described in a "Special Warranty Deed "from Gdlvard P. deZevallos m0 Robert Price,
Jr. io Jefferson ? }dangle Marine, Z.P, as recorded in Clerk's File No. 98- 9821354, Official Public
Records of .Deal Property, Jefferson County, Texas as SOUTH 44 °20'08 " EAET.
BEGINNING at a 5/8" iron rod found for the most Easterly corner of the tract herein described, said
corner also being the most Northerly corner of that certain culled 20.0281 acre tract of land as described
in a "Special Warranty Deed" from Phillip A, Roebuck Family Partnership, LTD. to TX ENERGY, LLC
as recorded in Clerk's File No. 2008003576, Official Public Records of Real Property, Jefferson County,
Texas and said corner also being in the Westerly right -of -way Iine of the Kansas City Southern Railroad
(besed on a width of 100 feet);
THENCE SOUTH 47 °05'45" NhTST, for the boundary between the tract herein described and the said
20.0281 aore TX BNBRGY, LLC tract, for a distance of 120393 feet to a 112" iron rod found for corner,
said corner being in the Northeasterly right -of -way line of State Highway No, 347 and being the most
Westerly corner of ilre said 20,0281 acre TX ENERGY, LLC tract and said corner also being the
beginning of a curve to the right having a radius of 3685.83 feet and being subtended by a chord bearing
Gommlhncnt For Title Insunmcc(Fxni T -7)
102
NORTH 35 °50'30" WEST with a chord length of 621.42 feet;
THENCE NORTHWESTERLY, along and with the Northeasterly right -of -way line of State Highway
No. 347 and along and with said curve, for an arc length of 622.16 feet to a Texas Department of
Transportation concrete monument found for corner, said corner also being the beginning of a curve to
right having a radius of 1910.08 feet and being subtended by a chord bearing NORTH 29 °42'58" `:SST
with a chord length of 81.50 feet;
THENCE NORTHWESTERLY, along and wits the Northeasterly right-of-way line of State Highway
No. 347 and along and with said curve with a curve, for an are length of 81.51 feet to a 112" iron rod
found for corner, said corner being in the Southeasterly line of a 100 foot wide Texas Department of
Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jofferson County,
Texas;
THENCE NORTH 47 °37'34" EAST, along and with the Southeasterly line of the said 100 foot wide
Texas Department of Transportation drainage ditch, for a distance of 583.89 feet to a 518" iron rod found
for corner:
THENCE NORTH 02°27'15" EAST, continuing along and with the Southeasterly line of the said 100
foot wide Texas Departwont of Transportation drainage ditch, for a distance of 532,70 feet to a 518" iron
rod found for corner;
THENCE NORTH 47 009'58" EAST, continuing along and with the Southeasterly line of the said 100
foot wide Texas Dopartntent of Transportation drainage ditch, for a distance of 119.76 feet to a 518" iron
rod found for corner, said corner also being in the Westerly right -of -way line of the said Kansas City
Southern Railroad;
THENCE SOUTH 44 019'05" EAST, along and with the Westerly right- of-way line of the Kansas City
Southern Railroad, for a distance of 1065.14 feet to the POINT OF BEGINNING and containing 21,1268
ACRES, nnore or less.
TRACT III, Parcel A (Fee Simple)
BEING a 5.8766 acre tract or parsei of laud situated in the Plnelarn Humphry League, Abstract No. 32,
Jefferson County, Texas and being out of and a part of that certain 300 foot strip as described in Warranty
Deed from J.T. Shelby to Texas Gulf Sulphur Company, recorded in 'Volume 1454 Page 630, Deed
Records, Jefferson County, Texas, and also being all of that certain called 5.8735 acre tract of land,
identified as Tract Three -A, as described in a "Special Warranty Deed" from Edward R deZevallos and
Robert Price, Jr. to Jefferson Triangle Marine, L.P. as recorded in Clerk's File No. 98- 9821354, Official
Public Records of Real Property, Jefferson County, Textts, and being all of that certain called 5.8766 acre
tract, identified as TRACT THREE A, as described in a "Special Warranty Deed" front Jefferson Triangle
Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No, 2007047460, Official Public Records
of Real Property, Jefferson County, Texas, said 5.8766 acre tract being more particularly described as
follows:
NOTE; All bearings are based on the Northeasterly Hine of that certain called 4.6453 acre tract, identified
as pact One, as described in a ",Sjvcial Warranty Deed "fi•anr Ecltvard P. deZevallos caul Robert Price,
Jr, to Jefferson Triangle Marine, L.P. as recorded in Clerk's Tile No, 98- 9821354, Official Public
Records of Real Property, Jefferson County, Texas as SOUTH 44 °20'08 "EAST. All set 518" iron rods set
M6 a cap stamped "M. W Whireley <l; Associates ".
CRF"ltlitt"Clli for Tide Instils- Ko(i'omt T -7)
103
BEGINNING at a "T" call found for the inost Northerly corner of the tract herein described, said corner
also being the intersection of the Northwest boundary line of the Pltelain Humphry League, A -32,
Jefferson County, Texas, as said line was established by an agreed judgment in Cause No. 1219 and the
Northeasterly corner of said 300 foot strip and said corner also being the most Westerly corner of that
certain called 3.1638 acre; tract, identified as TRACT FIVE A, as described in a "Special Warranty Deed"
from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No, 2007047460,
Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 44 020'52" EAST, along and with the Northeasterly line of the said 300 foot strip and
for the boundary between the tract herein described and the said 3.1638 acre TX ENERGY, LLC tract, for
a distance of 444.90 i'eet to a 5/8" iron rod found for corner, said corner being the most Southerly corner
of the said 3.1638 acre TX ENERGY, LLC tract and in the Westerly line of a 100 foot wide Texas
Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records,
Jefferson County, Texas;
THENCE SOUTH 04 033'42" EAST, along and with the Westerly line of the said 100 foot wide Texas
Department of Transportation drainage Glitch, for a distance of 225.31 feet to a 518" iron rod found for
corner;
THENCE SOUTH 41 037'56" EAST, continuing along and with the Westerly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 485.69 feet to a 5/8" iron rod
found for corner;
THENCE SOUTH 10 009'26" LAST, continuing along and with the Westerly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 230.28 feet to a 5 /8" 'iron rod
set for corner;
'ITIENCE SOUTH 45 °26'32" WEST, continuing along and with the Westerly line -of the said 100 foot
wide Texas Department of Transportation drainage Glitch, for a distance of 3.82 feet to a 5/8" iron rod set
for corner, said corner, also being in the Easterly right-of-way line of the Kansas City Soutbern Railroad
(based on a width of 100 feet);
THENCE NORTH 44 "f9'21" WF„ST, along and with the Easterly right-of-way line of the Kansas City
Southern Railroad, for a distance of 1292.67 feet to a 518" iron rod set for corner, said corner being in the
Northwest litre of the said Phelam Humphry League;
THENCE NORTH 45 °28'30" EAST, along and with the Northwest line of the said Phelam Humphry
League, for a distance of 299.95 feet to the POINT OF BEGINNING and containing 5,8766 ACRES,
more or less.
TRACT III, Parcel B (Tee Simple)
BEING a 23.5668 acre tract or parcel of land situated in the Phelam Humphry League, Abstract No. 32,
Jefferson County, Texas and being out of and a part of chat certain 300 foot strip as described in V1'arranty
Deed from J.T. Shelby to Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed
Records, Jefferson County, Texas, and also being all of that certain called 23,5505 acre tract, Identified as
Tract Three -13, as described in a "Special Warranty Deed" from Edward P. deZevallos and Robert Price,
Jr. to Triangle Railyard, L.P. as recorded in Clerk's File No. 1999043482, Official Public Records of Real
Property, Jefferson County, Texas, and being all of that certain called 23.5668 acre tract, identified its
TRACT THREE B, as described in a "Special Warranty Deed" from Jefferson Triangle Properties, L.P. to
TX ENERGY, LLC as mcorded in Clerk's File No. 2007047461, Official Public Records of Real
Cojunmi"nnt for Title rnsnrnace (Fonu T -7)
104
Property, Jefferson County, Texas, said 23.5668 acre tract being more par#icularly described as follows:
NOTE: All bearings are based on the Northeasterly tine of that certain called 4,6453 acre tract, identified
as Tract One, as described in a "Special ,Warranty Deed "from Edward P. deZevallos and Robert Price,
Jr, to Jefferson Triangle Marine, L.P, as recorded in Clerk's File No. 98- 9821354, Official Public
Records of Real .Property, Jefferson County, Texas as ,SOUTH 44 °20 `08 " EAST All set 518 " iron rods
set with a cap stamped "M. W. Whiteley & Associates ".
COMMENCING at a "T" rail found for the most Northerly corner of that certain tailed 5.8766 Here tract,
identified as TRACT THREE A, as described in a "Special Warranty Deed" from Jefferson Triangle
Marine, L.P, to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records
of Real Property, Jefferson County, Texas, said corner also being die intersection of the Northwest
boundary line of the Plielam Humphry League, A -32, Jefferson County, Texas, as said line was
established by au agreed judgment in Cause No. 1219 and the Northeasterly corner of said 300 foot ship
and said corner also being the most Westerly corner of that certain called 3.1638 acre tract, identified as
TRACT FIVE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P, to TX
RNERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property,
Jefferson County, Texas;
'I1 ENCE SOUR 44 °20'52" EAST, along and with the Northeasterly line of the said 300 foot strip and
for die boundary between the said 5.8766 acre and (lie said 3.1638 acre TX ENERGY, LLC tracts, for a
distance of 444,90 feet to a 518" iron rod found for corner, said corner being the most Southerly corner of
the said 3.1638 acre TX ENERGY, LLC tract and in the Westerly lime of a 100 foot wide Texas
Department of Transportation drainage ditch as recorded in Volume 1476., Page 76, Deed Records,
Jefferson County, Texas;
'THENCE SOUTH 44 009'59" EAST, over and across the said 100 foot wide Texas Department of
Transportation drainage ditch, for a distance of 156.02 feet to a 5118" iron rod found for the most Northerly
corner and the POINT OF BEGINNING of the tract ,herein described, said corner also being an exterior
ell corner of that certain celled 192.5857 acre tract of land; identified as TRACT FIVE B, as described in
a "Special Warranty Deed" from Jefferson Triangle Maxine, L.P. to TX B ERGY, LLC as recorded iu
Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, and said
corner also being ir. the Easterly line of the said 100 foot wide Texas Department of Transportation
drainage ditch;
THENCE SOUT14 44 °20'33" EAST, for the boundary between the tract herein described and the said
192.5857 acre TX ENERGY, LLC tract, fora distance of 1399.09 feet to a 518" iron rod found for corner,
said corner being the most Southerly corner of the said 192.5857 acre TX BNEROY, LLC ti-act and also
being the most Westerly corner of that certain called 24.6091 acre tract of land as described in a "Special
Warranty need" from OilTanking Beaumont Partners, LP. to TX FNERGY, LLC as recorded hi Clerk's
File No. 2009022171, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 44 "19'21" EAST, for the boundary between the tract herein described and the said
24.6091 acre TX ENERGY, LLC tract, for a distance of 2715:60 feet to a 2" iron pipe found for corner,
said corner being in the North line of the McFaddin Canal Na. 2 as recorded on Partition Map No. 1 of
the McFaddin- Wiess- Kyle Land Co, as recorded in Voluare 4, Page 198;, Map Records, Jefferson
County, Texas;
THENCE SOUTH 86 054'33" WBST, along and with the North line of the McFaddin Canal No. 2, for a
distance of 399.19 feet to a 518" iron rod found for corner, said corner being in the Easterly right-of-way
line of the Kansas City Southern Railroad (based on a width of 100 feet);
Cornmiancot tot Talc Irkwinnu (I'orni T -7)
105
THENCE NORTH 44 °19'21" WEST, along and with the Easterly right -of -way Iine of the Kansas City
Southern Railroad, for a distance of 3058.46 feet to a 5/8" iron rod found for corner, said corner being in
the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch;
THENCE NORTH 45 026'32" EAST, along and with the Easterly line of the said 100 foot Nvide Texas
Department of Transportation drainage ditch, for a distance of 56.38 feet to a 5/8" iron found for corner;
THENCE NORTH 10 009'26" WEST, continuing along and with the Easterly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 311.77 feet to a 5/8" iron rod
found for corner;
THENCE NORTH 41 03756" WEST, continuing along and with the Easterly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 480.20 feet to a 5/8" iron rod
found for corner;
THENCE NORTH 04 043'06" WEST, continuing along and with the Easterly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 7132 feet to the POtiv'T OF
BEGINNING and containing 23.5668 ACRES, more or less.
TRACT IV, Parcel A (Fee Simple)
BEING a 22,8591 acre tract or parcel of land situated in the Jeff and James Chaison Survey, Abstract No.
435, Jefferson County, Texas, the same being a portion of that certain called 150 acres of land conveyed
by Perry McFaddin Duncan; Camelin B, McFaddin, a ferne sole, Di Vernon McFaddin Cordts and
husband, E.G. Cordts, Mamie MoFaddin Ward and Husband, Carroll E. Ward, W.P.W. McFaddin, Jr. and
J.L.C. McFaddin to Texas Gulf Sulphur Company, Vol, 960, Pg. 192, Deed Records, Jefferson County,
Texas and also being all of that certain called 22.8199 acre tract of land, identified as Tract Four -A as
described in a "Special Warranty Deed" from Edward P, deZevallos and Robert Price, Jr. to Jefferson
Triangle Marine, L.P, as recorded in Clerk's File No. 98- 9821354, Official Public Records of Real
Property, Jefferson County, Texas, and being all of that certain called 22.8591 acre tract, identified as
TRACT DOUR A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX
ENERGY, LLC as recorded in Clerk's rile No, 2007047460, Official Public Records of Real Property,
Jefferson County, Texas, said 22.8591 acre tract being nnore particularly described as follows:
NOTE; All bearings are based on the Northeasterly line of that certain called 4.6453 acre tract, identified
as Tact One, as described in a "Special Warranty Deed "from Edward P. &Zevallos and Robert Price,
Jr. to Jefferson Triangle Marine, L R as recorded in Clerk's File No. 98- 9821354, Official Public
Records of Beal Properly, Jefferson County, Texas as SOUTH 44 °20'08 " EAST. gill set 518 " iron rods
Nei with a cap stamped "M. W Whiteley & Associates ".
COMMENCING at an axle found for the intersection of the most Southerly Northwest boundary line of
the Phelam Humphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly
Southeast corner of the Jeff and James Chaison Survey, Abstract No. 435 as said line was established by
an agreed judgment in Cause No. 1219, said corner also being the most Easterly corner of the said John
A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also being an interior ell
corner of the remainder of that certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as
described in a "Special Wraj'anty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as
recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County,
Texas anC an exterior ell corner of that certain called 123.9004 acre tract, identified as TRACT FOUR B,
as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P, to TX ENERGY, LLC as
ComntHment %u' Title lnanrenco (Form T -7)
3
106
recorded in Clerk's File'No, 2007047460, Official Public Records of Reat .Property, Jefferson County,
Texas;
THENCE SOUTH 89 °58'05" WEST, along and with the South line of the said 1239004 acre X
ENERGY, LLC tract, the same being the common fine between the said Jeff and James Chaison Survey
and the said John A. Veatch Survey, for a distance of 389.73 feet to 5/811 iron rod found for corner, said
corner being the Southwest corner of the said 1239004 acre TX ENERGY, LLC tract and in the East line
of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page
76, Deed Records, Jefferson County, Texas;
THENCE NORTH 89 °56'43" 'WEST, over and across the said 100 foot wide Texas Department of
Transportation drainage ditch, and for the common line between the said Jeff and James Chaison Sun7ey
and the said John A. Veatch Survey, for a distance of 100.13 feet to a 5/8" iron rod found for the
Southeast corner and FOUNT OF l3EGINN%TG of the tract herein described;
THENCE NORTH 89 °56'31" WEST, continuing for the common line between the said Jeff and James
Chaison Survey and the said John A. Veatch Survey, for a distance of 382,40 feet to a 1 " iron pipe found
for corner;
THENCE NORTH 89 052'32" WEST, continuing for the common line between the said Jeff and James
Chaison Survey and the said John A. Veatch Survey, for a distance of 496.09 feet to a 11" iron pipe found
for corner, said corner also being an exterior ell corner of that certain called 318.35 acre tract of land as
described in a "Corrected Sheriffs Deed" fronn G. Mitch Woods, Sheriff of Jefferson County, Texas, to
LaMonica Ltd, as recorded in Clerk's File No, 2003038403, Official Public Records of Real Property,
Jefferson County, Texas;
THENCE, NORTH 01 020'03" FAST, for the boundary between the tract herein described and tine said
318.35 acre LaMonica Ltd. tract, for a distance of 995.53 feet to a i" iron pipe found for corner, said
corner being in the South line of a Canal for barge traffic from W.P,H. Moladdin to United Oil and
Refining Co, as recorded in Volume 80, Page 292, Deed Records, Jefferson County, Texas and Volume
93, Page 450, Deed Records, Jefferson County, Texas;
THENCE NORTH 7C1 °27'51" BAST, along and with the South line of the said Canal, for a distance of
198.43 feet to a 1" iron pipe found for corner;
TFIE?NCE NORTH 72 °45'38" EAST, continuing along and with the South he of the said Canal, for a
distance of 324.39 feet to a 518" iron rod found for corner;
THENCE NORTH 82000'17" EAST, continuing along and with the South line of the said Canal, for a
distance of 400.87 feet to a 518" iron rod set for corner, said corner being the intersections of the Soutli line
of the said Canal and the West line of tine said 100 foot wide Texas Department of Transportation
drainage ditch;
THENCE SOUTH 01"48'50" WEST, along and with the `Vest line of the said 100 foot wide Texas
Department of Transportation drainage ditch, for a distance of 1215.58 feet to the POINT OF
BEGINIv'TNG and containing 22.8591 ACRES, more or less.
TRACT IV, Parcel B ff ee Sunple)
BEING a 121.3652 acre tract or parcel of land situated in the Jeff and James Chaison Survey, Abstract
No. 435, Pierre Lemane Survey, Abstract No, 163 and the W,P.H, McFaddin Survey, Abstract No, 689,
Comt"itwt ml for Title nztsurutco (Fenn T -7)
107
Jefferson County, Texas, and out of and part of that certain called 150 acres of land conveyed by Perry
McFaddin Duncan, Camelia B. McFaddin, a fern sole, Di Vernon McFaddin Cordts and husband, E.G.
Cordts, Mamie McFaddin Ward and Husband, Carroll E, Ward, W.P.W. McFaddin, Jr, and J.L,C.
McFaddnr to Texas Gulf Sulphur Company, Vol. 960, Pg. 192, Deed Records, Jefferson Count), Texas
and being out of mud part of that certain called 123.9203 acre tract of land, identified as Tract Pour B, as
described in a "Special Warranty Deed" from Edward P. deZevallos and Robert Price, Jr, to Jefferson
Triangle Marine, L.P. as recorded in Clerk's File No. 98- 9821354, Official Public Records of Real
Property, Jefferson County, Texas, and being out of and part of that certain called 123.9004 acre tract,
identified as TRACT FOUR B, as described in a "Special WRn•anty Deed" from Jefferson 'Triangle
Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records
of Real Property, Jefferson County, Texas, said 121.3652 acre tract being more particularly described as
follows;
NOTE: All hearings are based on the Northeasterly line of that certain called 4.6453 acre tract, ident f ed
as Tract One, as described in a "Special Warranty Deed "from Edward P. deZevallos and Robert Price,
Jr. to Jefferson Triangle Marine, L.P, as recorded in Clerk's File No. 98- 9821354, Official Public
Records of Real Property, Jefferson County, Texas as SO DT'H 44 °20'08 " EAST. All set 518" iron rods set
with a cap stamped "M, W, Whiteley & Associates ",
BEGINNING at au axle found fbr the intersection of the most Southerly Northwest boundary line of the
Phelan Ilumphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly Southeast
corner of the Jeff and James Chaison Survey, Abstract No. 435 as said line was established by all agreed
,judgment in Cause No. 1219, said ooraor also being file most Easterly corner of the said John A. Veatch
Survey, Abstract No. 55, Jefferson County, Texas and said corner also being an interior ell corner of the
remainder of that certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in
a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded In
Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas and an
exterior ell corner of the said 123.9004 acre TX ENERGY, LLC tract;
THENCE SOUTH 89 058'05" WEST, along and with the Soutli line of the said 123.9004 acre TX
ENERGY, LLC tract, the same being the common line between the said Jeff and James Chaison Survey
and the said John A, Veatch Survey, for a distance of 389.73 feet to 5/8" iron rod found for corner, said
corner being the Southwest corner of the said 123.9004 acre TX ENERGY, LLC tract and in the East line
of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page
76, Deed Records, Jefferson County, Texas;
THENCE NORTH 01 °48'50" EAST, along and with the East line of the said 100 foot wide Texas
Department of Transportation drainage ditch, for a distance of 1228.38 feet to a 5 /8" iron rod found for
corner, said corner being the intersection of the said 100 foot wide Texas Department of Transportation
drainage ditch and the South line of a Canal for barge traffic fiorn W.P.H, MoFaddirr to United Oil and
Refining Co. as recorded in Volume 80, Page 292, Deed Records, Jefferson County, Texas and Volume
93, Page 450, Deed Records, Jefferson County, Texas;
THENCE NORTH 84 °30'51" EAST, along and with the South line of the said Canal, for a distance of
5095.88 feel to a V iron pipe found for corner, said iron pipe being located the old bank of the Neches
River;
THENCE SOUTH 25 057'41" FAST, along and with the old bank of the Neches River, for a distance of
1148.77 feet to a point for corner (unable to find or set corner), said corner being the Northeast corner of
that curtain called 03526 acre tract of laird as described in a "Special Warranty Deed" from Chevron
U.S.A. Inc, to TX ENERGY, LLC as recorded in Clerk's File No. 2009011357, Official Public Records of
ConNlltuKnl for Tifi a insumneo (Form T•7)
108
Real Property, Jefferson County, Texas, the same being the Northeast corner of that certain called
24.609] acre tract of land as described in a "Special Warranty Deed" from TX ENERGY, LLC to
OilTanking Beaumont Parhiers, L.P. as recorded in Clerk's File No. 2009022170, Official Public Records
of Real Property, Jefferson County, Texas;
THENCE NORTH 89 °5527" WEST, for the boundary between the tract herein described and the said
24.6091 acre OilTanking Beaumont Partners, L.P.' tract, for a distance of 644,65 feet to a 5/8" iron rod
with a cap stamped "M.W, Whiteley & Associates" found for corner;
THENCE SOUTH 00 °58'20" WEST, for the boundary between the tract herein described and the said
24,6091 acre OilTanking Beaumont Partners, L.P. tract, for a distance of 201.22 feet to a point for corner,
and said corner being the Northeast corner of the said 192.5857 acre TX ENERGY, LLC tract and in the
common line betweeri the W,P.II, MCFaddin Survey and the said Phelam Humphry League;
THENCE NO1014 89 °08'02" WEST, for the boundary between the tract herein described and the
remainder of the said 192.5857 acrd TX ENERGY, LLC tract, the same being the common line between
the said Phelam Humphry League and the said W, P.H. McFaddin Survey, the said Pierre Lemmie, Survey
and the said Jeff and ,Eames Chaison Survey, for a distance of 4571.06 feet to it point for corner (unable to
find or set corner), said corner being an exterior ell corner of the remainder of the said 192.5857 acre TX
ENERGY, LLC tract and also an exterior ell corner of the said Phelam Humphry League and an interior
ell corner of the said Jeff and James Chaison Survey;
THENCE SOUTH 00 °37'20" WEST, for the boundary between the tract herein described and the said
192.5857 acre T tract, the same being the common line between the said Phelan Humphry League and
the said Jeff and James Chaison Survey for a distance of 550.66 feet to the POINT OF BEGINNING and
containing 121.3652 ACRES, more or less.
TRACT V, Pareel A (Eae Simple)
BEING a 3.1638 acre- tract or parcel of land situated in the Phelam Humphry League, Abstract No. 32,
Jefferson County, Texas and being a portion of the 208.38 acres of land conveyed by Stanolind Oil
Purchasing Company to Texas Gulf Sulphur Company, Volume 1597, Page 324, Deed Records, Jefferson
County, Texas, and also being all of that certain called 3,1656 acre tract of land, identified as Tract Five
A, as described in a "Special Warranty Deed" from Edward P, deZevalios and Robert Price, Jr. to
Jefferson Triangle Marine, L.P. as recorded in Clerk's File No. 98 9821354, Official Public Records of
Deal Property, Jefferson County, Texas, aid being all of that certain called 3.1638 acre tract, identified as
TRACT FIVE A, as oescribed in a "Special Warranty Deed" from Jefferson 'Triangle Marine, L.P, to TX
ENERGY, LLC as recorded in Clerks File No. 2007047460, Official Public Records of Real Property,
Jefferson County, Texas, said 3,1638 acre tract being more particularly described as follows:
NOTE., All bearings are based on the Northeasterly line of drat certain called 4.6453 acre tract, identified
as 'tract One, as described in a "Special Warranty .Deed" front Edward P. deZevallas and Robert Price,
dr. to Jefferson Dlangle Marine, L.P, as recorded in Clerk's File. No, 98- 9821354, Official Public
Records cif Real Property, Jefferson County, Texas -as SOUTII 44 °20 '08 "EAST. All set 5/8" iron rods
.set with a cap stamped "M, W. Wlriteley & Associates ".
BEGINNING at a "T" rail found for the most Westerly corner of the tract herein described, said corner
also being the intersection of the Northwest boundary line of the Phelam. Humphry League, A -32,
Jefferson County, Texas, as said line was established by an agreed judgment in Cause No. t219 and the
Northeasterly corner of that certain 300 foot strip as described in Warranty Deed from J.T, Shelby to
Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed Records, Jefferson County,
Commilmont for Tillo inurnwc (Pone 1' -7)
109
Texas, also being the most Northerly corner of that certain called 5.8766 acre tract, identified as TRACT
THREE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX
ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property,
Jefferson County, Texas;
THENCE NORTH 45°28'30" EAST, along and with the Northwesterly tine of the said Phelam Humpliry
League, for a distance of 672.47 feet to a 5/8" iron rod found for corner, said corner being in the Westerly
line of a ) 00 foot wide Texas Department of Transportation drainage ditch as recorded in 'Volume 1476,
Page 76, Deed Records, Jefferson County, Texas;
THENCE SOUTH 01 °5811" WEST, along and with the Westerly line of the said 100 foot wide Texas
Department of Transportation drainage ditch, for a distance of 161.21 feet to a 5/8" iron rod found for
corner;
THENCE SOUTH 23 040'341' WEST, continuing along and with the Westerly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 448.39 feet to a 5/8" iron rod
found for corner;
THENCE SOUTH 04 030'21" EAST, continuing along and with the Westerly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 218.62 feet to a 5/8" iron rod
found for corner, said corner being in the Northeasterly line of the said 300 foot strip and also being an
exterior ell corner of the said 5,8766 acre TX ENERGY, LLC tract;
THENCE NORTH 44°20'52" WEST, along and with the Northeasterly line of the said 300 foot strip and
for the boundary between the -tract herein described and the said 5.8766 acre TX ENERGY, LLC tract, for
a distance of 444.90 feet to the POINT OF BEGINNING and containing 3.1638 ACRES, more or less.
TRACT V, Parcel B (Fee Simple
BEING a 171.2645 acre tract or parcel of land situated in the Phelam Humphry League, Abstract No, 32,
Sofferson County, Texas and being out of and part of that certain called 208.38 acres of land conveyed by
Stanolind Oil Purchasing Company to Texas Gulf Sulphur Company, Volume 1597, Page 324, Deed
Records, Jefferson County, Texas and being all of that certain called 203,2524 acre tract of land,
identified as Tract Five 13, as described in a "Special Warranty Deed" from Edwaal P. deZevallos and
Robert Price, Jr, to Jefferson Triangle Marine, LT. as recorded in Clerk's File No. 98-9821354, Official
Public Records of Real Property, Jefferson County, Texas, save and except that certain called 10.6679
acre tract of land as described in a "Special Warranty Deed" from Palmera Properties, Inc. to Martin Gas
Stiles, Inc. as recorded in Clerk's File No, 98- 9814112, Official Public Records of Real Property,
Jefferson County, Texas, and being all of that certain called 192.5857 acre tract of land, identified as
TRAC'' FIVE B, as described in a "Special Warranty Deed" from Jefferson "Triangle Marine, L.P, to TX
ENERGY, LLC as recorded in Clerk's File No. 2007047460; Official Public Records of Real Property,
Jefferson County, Texas, save and except a portion of that certain called 246091 acre tract of land as
described in a "Special Warraiq Deed" from TX ENERGY, LLC to OilTanking Beaumont Partners, L,P.
as recorded in Clerk's Tile No. 2009022170, Official Public Records of Real .Property, Jefferson County,
Texas said 171.2645 acre tract being more particularly described as follows;
NOTE: All bearings are based on the Northeasterly litre of that certain called 4.6453 acre tract, identified
as 1 acl One, as described in a "Special Warranty Deed "from Edwwd P. de&vallos and Robert Price,
Jr. to Jefferson 7Y iangle .Marine, L.P. as recorded in Cleric's file No, 98- 9821354, Official .Public
Records of heal Property, Jefferson County, Texas as 800TH 99 °20'08" LAST. All set 518" iron rods set
with a cap stamped "M. W. Whiteley & Associates ",
Commitnwn( for I)Uo lnsurnnw (Porn+ T -7)
110
f
BEGINNING at an axle found for the intersection of the most Southerly Northwest boundary line of the
Phelam Humphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly Southeast
corner of the Jeff and James Chaison Survey, Abstract No. 435 as said tine was established by an agreed
judgment in Cause No. 1219, said corner also being the most Easterly corner of the said John A. Veatch
Survey, Abstract No. 5S, Jefferson County, Texas and said corner also being an exterior ell corner of that
certain called 123.9004 acre tract, identified as 'TRACT FOUR B' as described in a "Special Warranty
Deed" from Jefferson, Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No.
2007047460, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 00 037'20" EAST, for the boundary between the tract herein described and the said
123.9004 acre 'I'C ENERGY, LLC tract, the same being the common line between the said Plielam
Hurnphry League and the said Jeff and Janes Chaison Survey, for a distance of 550,66 feet to a point for
corner (unable to find or set corner), said corner being an interior ell corner of the said 123.9004 acre TX
ENERGY, LLC tract;
THENCE; SOUTH 89 008'02" BAST, for the boundary between the tract herein described and the said
123,9004 acre TX ENERGY, LLC tract, the same being the common line between the said Phelan
Hamphry League and the said Jeff and James Chaison Survey, the Pierre Lemane Survey, Abstract No.
16.3 and the W. P.BL McFaddin Survey, Abstract No. 689, Jefferson County, Texas, for a distance of
4571.06 feet to a point for corner, said corner being in the West line of the said 24.6091 acre OilTanking
Beaumont Partners, L.P. tract;
THENCE SOUTH OC°58'20" WEST, for the boundary between the tract herein described and the said
24.6091 acre OilTarlkhrg Beaumont Partners, L,P. tract, for a distance of 1004.19 feet to a 518" iron rod
with a cap stamped "M, W. Whiteley & Associates ", said corner being in the North line of tine remainder
of that certain tailed 461.42 acre tract, identified as TRACT A, as described ill a "Special Warranty
Deed" from BP Pipelines (North America) Inc, to OilTanking Beaumont Partners, L.P. as recorded in
Clerk's File No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTI:I 89 °41'40" WEST, for the, boundary between the tract herein described and the
remainder of the said 461.42 acre OUTanic lg Beaumont Partners, LT tract, passing at a distance of
1326.31 feet a found 3" aluminum pipe, passing at a distance of 1738,01 feet a 3" aluminum pipe and
continuing for a total distance of 2202.70 -feet to a 5f8" iron rod found for corner, said corner also being
an exterior ell corner of the said 461.42 acre OilTanking Beau mont Partners, L.P. tract and the Northwest
corner of that certain called 21,6091 acre tract of land as described in a "Special Warranty Deed" front
OilTanking Beaumont Partners, L.P. to TX ENERGY, LLC as recorded iu Cleric's File No. 2009022171,
Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 45"25'18" NVEST, continuuig for the boundary between the tract herein described and
the Northwesterly line of the said 24.6091 acre TX ENERGY, LLC tract, for a distance of 2730.75 €ect to
a 518" iron rod found for corner, said corner being in the Northeasterly line of that certain 300 foot strip as
described in Warranty Deed from J.T. Shelby to Texas Gulf Sulphur Cornpany, recorded in Volume 1454
Page 630, Deed Records, Jefferson County, Texas and said corner also being in the Northeasterly line of
that certain called 23.5668 acre tract, identified as TRACT THREE B, as described in a "Special
Warranty Deed" from Jefferson Triangle Properties, L.P. to TX ENERGY, LLC as recorded in Clerk's
File No. 2007047461, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 44020'33" WEST, for the boundary between the tract herein described and the said
23.5668 acre TX ENERGY, LLC: tract, for a distance of 1399.09 feet to a 5/8" iron rod found for corner,
said corner being the most Northerly corner of the said 23.5668 acre TX ENERGY, LLC tract and illso
Commihu,-W rorTillelusurancc (Pam•: T -7)
III
being in the Easterly line of a 100 foot wide Texas Department of Transportation drainage ditch as
recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas;
THENCE NOXIfI 04 °26'05" WEST, along and with the Easterly line of the said 100 foot wide Texas
Department of Transportation drainage ditch, for a distance of 313,59 feet to a 5/8" iron rod found for
corner:
THENCE NORTH 23 °40'23" EAST, continuing along and with tine Easterly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 442.57 feet to it 5/8" iron rod
found for corner;
THENCE NORTH OI °56'02" EAST, continuing along and with the Easterly line of the said 100 foot
wide Texas Department of Transportation drainage ditch, for a distance of 285,61 feet to a 5/8" iron rod
found for comer, said corner being in the Northweslerly line of the Pholam Humphry League;
THENCE NORTH 45°21'25" EAST, along and with the Northwesterly line of the Phelarnl Humphry
League, for a distance of 566,11 feet to the POINT OF BEGINNING and containing 181.9324 acres,
snore or less save and except the above referenced 10.6679 acre Martin Gas Sales, Inc. thereby leaving a
net acreage of 171,2645 acres, more or less.
TRACT V1, PARCEL A (.Pee Simple)
BEING a 24.6091 acre tract or parcel of land situated in the Pholam Humphry League, Abstract No. 32,
Jefferson County, Texas grid being out of and part of that certain called 461.42 acre tract of land,
identified as tract A, as described in a "Special Warranty Deed" from BP Pipelines (North America) inc.
to Oil Tanking Beaumont Partners, L.P. as recorded in Clerk's File No, 2001014848, Official Public
Records of Real Property, Jefferson County, Texas, and being all of that certain called 24.6091 acre tract
of land as described in a "Special Warranty Deed" from OilTanking Beaumont .Partners, L.P. to TX
ENERGY, LLC as recorded in Clerk's File No. 2009022171, Official Public Records of Real Property,
Jefferson County, Texas, said 24.6091 acre tract being more particularly described as follows:
NOT T. All bearings are based on the Northeasterly line of that certain, called 4.6344 acre tract, identified
as Tract One, as described to a "Special Jfarranty Deed" front Jefferson Triangle Metrine, L.P, to IX
Energy, LLB' as recorded in Clerk's File No, 2007047460 Official Public Records of Real Property,
Affertrorr County, Texas as SOU,(H 44 °20'08" EAST
BEGINNING at a 5/8" iron rod found for the most Westerly corner of the tract herein described, said
corner also being the most Southerly corner of that certain called 192.5857 acre tract of land, identified as
TRACT FIVE D, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P, to TX
ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property,
Jefferson County, Texas, and said Corner also being in the Northeast line of that certain called 23.5668
acre tract of land, identified as TRACT '1`HREE B, as described in a "Special Warranty Deed" from
Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047461,
Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 45 °25'18" EAST, for the boundary between the tract herein described and tie said
192.5857 acre 'I'X ENERGY, LLC tract, for a distance of 2730,75 feet to a 5/8" iron rod found for corner,
said corner being an interior ell corner of the said 192.5857 acre TX ENERGY, LLC tract and also being
an exterior ell corner of the said 461.42 acre OilTanking Beaumont Partners, LP tract;
THENCE SOUTH 89 001'40" EAST, for the boundary between the tract herein described and die said
C DOMIUMM for Tdle ►nsAnance (Komi T -7)
112
192.5857 acre TX ENERGY, LLC tract, for a distance of 394.38 feet to a 5/8" iron rod found for corder;
THENCE SOL711 45 °25'18" WEST, over and across the said 461.42 acre OilTanking .Beaumont
Partners, LP tract for a distance of 784.53 feet to a 5/8" iron rod found for cornet;
THMNCE SOUTH 49 057'07" EAST, over and across the said 461.42 acre OilTanking Beaumont Partners,
LP tract for a distance of 118,98 feet to a 518" iron rod found for corner;
TFIENCE SOUTH 45°25'18" WEST, over and across the said 461.42 ficre OilTanking Beaumont
Partners, LP tract for a distance of 2235.32 feet to a 5/8" iron rod found for corner, said corner being in
the Northeast line of said 23.5668 acre TX ENERGY, LLC tract;
THENCE NORTH 44 °19'21" WEST, for the boundary between the tract herein described and the said
23.5668 acre'rX ENERGY, LLC tract, for a distance of 400.00 feet to the POINT OF BEGINNING and
containing 24.6091 ACRES, more or less,
TRACT VL Parcel B (Easeiaent Estate),
BEING a 0,3818 acre pipeline right-of-way and easement situated in the Phelam Hutnphry League,
Abstract No. 32; Jefferson County, Texas, being out of and part of that certain called 2,440 acre tract of
land, also identified as TRACT RACT D, Save and Except that certain caned 0.332 acres lying within the Kansas
City Southern railroad 100' wide strip, as described in a deed from Mamie McFaddin Ward Heritage
Foundation, et aI to OilTauking Beaumont Partners, L.P. as recorded in Clerk's File No, 20050069725
Official Public Records of Real Property of Jefferson County, Texas, and being out of and part of that
certain called 6,4 acre tract of land, also identified as TRACT E, as described in a deed from Mainie
McFaddin Ward Heritage Foundation, et al to OilTanktrag Beaumont Partners, L.P. as recorded in Clerk's
File No. 2005006972, Olicial Public Records of Real Property, Jefferson County, Texas, said 0.38]8
acre pipeline right -of -way and easement being more particularly described as follows:
NOTE: .411 bearings are based on the Northeasterly line of that certain called 4,6344 acre tract, identtfted
as h•act One, as described in a "Special Warraiq Deed" front Jefferson n1wigle Marine, L.P. to '1X
Enerav, LLB' as recorded in Clerk's File No. 20070474160 Official Public Records of Real Property,
,lefferson County, Texas as 80U7°H44 °20'08 "ER ST.
COMMENCING at a 5/8" iron rod found for the most Southwesterly corner of that certain called 23.5668
acre tract of land, identified as TRACT THREE B, as described in a "Special Warranty Deed" form
Jefferson Triangle Properties, L.P. to TX ENERGY, LLC -as recorded in Clerk's File No. 2007047461,
Official Public Records of Real Property, Jefferson County, Texas, said corner also being in the Northeast
right-of-way line of Kansas City Southern Railroad (based on a width of 100 feet), and also said corner
being an exterior ell corner of said OilTanking Beaumont Partners, L.P, 'Tract D;
THENCE NORTH 86"54'33" EAST, for the boundary between said TX ENRROY, LLC TRACT
THREE B and the said OilTanking Beaumont Partners, L.P. TRACT D, for a distance of 85,00 feet to the
most Westerly corner and the POINT OF BEGINNING of the tract therein described;
THENCE NORTH 86 °54'33" EAST, continuing for the boundary between the said TX ENERGY, LLC
TRACT TIME B and the said 01ITanking Beaumont Partners, L,P. 'TRACT D, for a distance of ) 00.00
feet to a point for corner;
THENCE SOUTH 44 °19'21" EAST, over and across the said Oit7'anking Beaumont Partners, L.P.
TRACT D and TRACT E for a distance of 238,25 feet to a point for corner, said corner being in tine most
Wti milmoni for Thk Imoranco (]roan T -7)
113
Westerly North line of that certain called 46.796 acme tract of land, also identified as TRACT ONE, as
described in a deed from E. I, DU PONT D1a NEMOURS AND COMPANY to EASTMAN CHEMICAL
COMPANY as recorded in Clerk's File No. 2007038287, Official Public Records of Real Property,
Jefferson County, Texas;
THENCE NORTH 81 °14'31" WEST, for the boundary between the said Oil"f ai)king Beaumont Partners,
L.P. TRACT E and the said Eastman Chemical Company 46.796 acre tract for a distance of 125.20 feet;
THENCE NORTH 44 °19'21" WEST, over and across the said OitTanking Beaumont Partners, L.P.
TRACT E and
TRACT D for a distance of 204.06 feet to the POINT OF BEGINNING and containing 0.3818 ACRES,
more or less.
`i'RACT V1,Pareel C (Easement Estate
BEING a 1.2396 acre road easement situated in the Phelam Humphry League, Abstract No. 32, Jefferson
County, Texas and being out of and part of that certain called 27.18 acre tract of land, identified as Tract
B, as described in a "Special Warranty Deed" form BP Pipelines (North America) Inc. to Oil Tanking
Beaumont Partners, L,P, as recorded in Clei-Vs File No. 2001014848, Official Public Records of Real
Property, Jefferson County, Texas, said 1.2396 acre road easement being more particularly described as
follows:
NOTE. All bewings are Lased on the Aronheasterly line of that certain called 4,6344 acre tract, identified
as Tract One, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX
Rnerg)J LLC as recorded in Clerk's File No, 2007047460 Official Public Records of Real Property,
Jefferson Cotrnty, Texas as SOUTH44 °20'08 ",MAST,
COMMENCING at a 2" iron pipe found for the North corner of said OilTanking Beaumont Partners, L.P.
tract, said corner being the most Easterly corner of that certain called 20,0281 acre tract of land as
described in a "Special Warranty Deed" from Phillip A. Roebuck Family Partnership, LTD. to TX
Energy, LLC, as recorded in Clerk's Tile No. 2008003576, Official Public Records of Real Property,
Jefferson County, Texas, said corner also being in the Southwesterly right-of-way line of Kansas City
Southern Railroad (bases on a width of 100 feet);
THENCE SOUTH 44 018'38" EAST, along and with the said Southwesterly right-of-way line of Kansas
City Southern Railroad for a distance of 429.22 feet to a point for the most Northerly corner and the
POINT OF BEGINNING of the tract herein described;
THENCE SOUTH 44 01858" EAST, continuing along and with the said Southwesterly right -of -way line
of Kansas City Southern Railroad for a distance of 50.00 feet to point for corner;
THENCE SOL7H 45 02711" NEST, over and across the said 27.18 acres OilTanking Beaumont
Partners, L.P. tract for a distance of 1071.13 feet to a point for corner, said corner being in the
Northeasterly right -of -way lire of State Highway 347;
THENCE NOR'T'H 63 04249" WEST, along and with the Northeasterly right-of-way line of the said State
Highway 347 for a distance of 52.93 feet to a point for corner;
THENCE NORTH 45 °27'11" EAST, over and across the said 27.18 acres OilTanking Beaumont
Partners, LY, tract for
a distance of 1088.71 feet to the POINT OF BEGINNING and containing 1.2396 ACRES, more or less.
Commitment for Title Insmenco (form 7-7)
114
TRACT VU. Parcel A free Sitnnle
BEING 46,8010 Acres of land described and being out of and a part of those certain tracts deed to E.1, du
Font de Nernours and Company more fully described as 3,224 acres described as McFaddin Access Strip
No. 1, 3.189 acres described as Weiss Access Strip, 124.708 acres recorded in Volume 845, Page 63,
23.70 acres recorded in Volume 1865, Page 58, 10.270 acres recorded in Volume 1865, Page 68,23.70
acres described as Tract "A" recorded in Volume 1 865, Page 120 and 10.270 acres recorded in Volurne
1 865, Page 128 of the Deed Records of Jefferson County, Texas. Said 46.796 acres of land also being a
part of the DuPont - Beaumont Industrial Site No. I Subdivision recorded in Volurne 15, Page 4 of the
Map Records and hart of the DuPont- Beaumont Works Industrial park Subdivision recorded in Clerk's
File No. 2006048240 and being Lot 4 of the Replat of DuPont - Beaumont Industrial Site No. I in Clerk's
File No. 2007037934 of the said Jefferson County and being situated in the Pelham Humphries League,
Abstract No. 32, and the J. S, Johnston Survey, Abstract No. 34, Jefferson County, 'Texas.
TRACT V11. PARCEL B (E t aseinent Estate) — Beaumont- DuPont;
Non- exclusive easement estate as conveyed, assigned and /or set forth in (i) that certain deed executed by
E.1. du Font de Nenrours and Company in favor of Eastman Chemical Company, dated September 26,
2007, filed September 28, 2007, under County Clerk's File No. 2007038287, Official Public Records of
Real Property of Jefferson County, Texas and (ii) that certain Declaration of Easements and Covenants
executed by E. 1, du Font de Nernours and Company as recorded under Film Code No. 104 -01 -0533, Real
Property Records, Jefferson County, Texas.
TRACT VU.f (]fee Simple) - DELETED
TRACT IX (rice Simple
BEING a 20.0281 acre or parcel of land situated in the Phelam I- lurnphry League, Abstract No, 32,
Jefferson County, Texas and being all of that certain called 20.03 acre tract of land as described in a
"Special Warranty Deed" from Phillip A. Roebuck to •The Phillip A. Roebuck family Partnership, Ltd. as
recorded in Clerk's File No, 97- 9731390, Official Public Records of Real Property, Jefferson County,
Texas, the same being all of that certain called 20.03 acre tract of land as doscribed in a "Special
Warranty Deed" fr•oju Suzanne R, Roebuck to The Phillip A. Roebuck Family Partnership, Ltd. as
recorded hr Clerk's File No. 97- 9731389, Official Public. Records of Real Property, Jefferson County,
Texas, and being all of that certain called 20.0281 acre tract of land as described in a "Special Alarrarity
Deed" iTom Phillip A. Roebuck Family Partnership, LTD. to TX ENERGY, LLC as recorded in Clerk's
File No. 2008003576, Official Public Records of Real Property, Jefferson County, Texas said 20.0281
acre tract being more particularly described as follows:
AVIL': All bearing are based on the Northeasterly line of that certain called 4.6453 acre tract, identified
as Tract One, as described In a "Special Warranty Deed "from Edlvard P. deZevallos and Robert Price,
Jr, to Jefferson Triangle. Marine, L. P., as recorded in Clerks File No, 98- 9821354, Official Public
Records of Real Property, Jefferson County, Texas as SOUTH 44 °20'08° TAS r
BEGINNING at a 2" iron pipe found for the most Easterly corner of the tract herein described, said corner
also being the most Northerly corner of the remainder of that certain called 27.18 acre tract of land,
iduntifrui as TRACT B, as doscribed in a "Special Warranty Deed" from BP Pipelines (North America)
Inc. to OilTanking Beaumont Partners, L,1', as recorded in Clerk's File No. 2001014848. Official Public
Commttmem fo-Tiolelnsuranaa(PornT -7)
115
Records of Real Property, Jefferson County, Texas and in the Westerly right -of -way tine of the Kansas
City Southern Railroad (based ort a width of 100 feet);
THENCE SOUTH 47 002'52" WEST, for the boundary between the tract herein described and Ilre
remainder of the said 27.18 acre OitTanking Beaumont Partners, L.P. tract, for a distance of 1188.10 feet
to a small nail in concrete at the base of a fence post found for corner, said corner being the most
Westerly corner of the remainder of the said 27.18 acre OilTanking Beaumont Partners, L.P. tract and in
tine Northeasterly right -of -way line of State Highway No. 347;
THENCE NORTH 48 006'40" WEST, along and with the Northeasterly right -of -way line of State
Highway No. 347, for a distance of 248,11 feet to a Texas Department of Transportation concrete
monument found for corner, said corner also being the beginning of a curve to the right having a radius of
3685.93 feet and being subtended by a chord bearing NORTH 44 °16`27" WEST having a chord length of
4 77, 60 feet;
TIIENCE NORTHWESTERLY, along and with the Northeasterly right -of -way line of State Highway
No. 347 and along and with said curve, for an are length of 477.94 feet to a 1/2" iron rod found for corner,
said corner being the most Southerly corner of that certain called 21,1268 acre it -act, identified as TRACT
TWO, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY,
LLC as meorded in Clerk's File No. 2007047460, Official Public Records of (teal Property, Jefferson
County, Texas;
TIIFNCE NORTH 47005'45" EAST, for the boundary between the tract herein described and the said
21,1268 acre TX ENERGY, LLC tract for a distance of 1203.93 fect to a 5/8" iron rod found for corner,
said corner being tine most Easterly corner of the said 21.1268 acre TX ENERGY, LLC tract and in the
Westerly right -of -way line of the Kansas City Southern Railroad;
THENCE SOUTH 44020'18" EAST, along and with the Westerly right -of -way line of the Kansas City
Southern Railroad, for a distance of 723,78 feet to the POINT OF BEGINNING and containing 20.0281
ACRES, more or less,
TRACT X Parcel A (Fee Simple
Lot One (1) of the du PONT- BEAUMONT INDUSTRIAL SITES SUBDAISION: BEING a 12.8175
acre tract of land in tine Pelham Humphries League in Jefferson County, Texas, and also being out of a
124 aoiv tract conveyed by Wesley W. Kyle, et al to E. 1. du Pont de Nemours and Company by deed
dated December 14, 1951 and being recorded in Volume 845, Page 33, Deed Records of Jefferson
County, Texas, and said 12,8175 acre tract being sometimes also known as Lot No. 1 of the DuPont -
Beaumont Industrial "Sites Subdivision that was recorded on November 19, 1991, in Volume 15, Page 4 of
the Map Records of Jefferson County, Texas,
`TRACT X Parcel B .(Tee Sinrplel
Lot Two (2) of the du PONT- BEAt1MONT INDUSTRIAL SITES SUBDIVISION: BEING a 13.5247
acre tract of land in the Pelham Humphries League in Jefferson County, Texas, and also being out of a
124 acre tract conveyed by Wesley W, Kyle, et al to E. I, du Pont de Nemours and Company by deed
dated December 1_4, 1951 and being recorded in Volume 845, Page 33, Deed Records of Jefferson
County, Texas, and said 13.5237 acre tract being sometimes also known as Lot No. 2 of the DuPont -
Beaunront Industrial Sites Subdivision that was recorded on November 19, 1991, in Volume 15, Page 4 of
the Map Records of Jefferson County, Texas,
Commitment For Title insurance (Yom T-7)
116
i
TRACT X Parcel C (Easement Estate)
Non - exclusive easement estate as conveyed, assigned and/or set forth in (i) that certain deed executed by
E. 1. du Pont de Nemours and Company in favor of Eashnan Chemical Company, dated September 26,
2007, filed September 28, 2007, under County Clerk's File No. 2007038287, Official Public Records of
Real Property of Jefferson County, Texas and (ii) that certain Declaration of Easonleilts and Covenants
executed by E.1. du Pont do Ne ;Hours and Company as recorded under Film Code No. 104 -01 -033, Real
Property Records, Jefferson County, Texas.
Coirtnihmert for Wo Iamumnce (tune T -7)
--------------
17
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=2'la ((:7r o/ Sab1x PJ' ud tAtrtO�dtyp �O'ert�ay Ti9f IfEV ifi�G75' SUiRI &,F fRpPkA , 1S
r t'd NiTL62E AhD 6 R7T PLOIjID 1".,xcOA!
to Ad, 1t1 0/ eoy /torrmanf raccrded yy�� Hx; 3S pp jra 707 Dam( Ra. a el Jt/lnrsovi 6x�,j
Term ai M to4nr of J`,I�� At 1a 7KS Ni11 i1f6G13 StlgrtCT PRvcR7Y 1S 1KAN,ldr 9f NATURE
A770 J;4 mlor ffDiEAir_.
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f0 Ad Tgd�phGtt /w/ .oe :moot nrordod h V%4 61 aftpe�tledyya Oead Rem;da, of d0flemon cvmr /,,
PROPCR71; 7S t�VEi R± HAN E ,iHD 15 Jh'f�1°LOFIEO 1fETfEA Th?3 176Y A4iCf5 i'(ARIECt'
10 1,7. "1 of icy /ro +smi,t ncvrded it V,4, 01 fsq+ 4M Daad Rs,,W, of .VNarson Cover
Teta� Cf7dtN$r h love ar FmyA�e state 0. Cool mi e•r.1 Corrtf rros 7149 118Z! .4TTfcts tear
A40trfR7Y, tY OLSWKE71 1 5t �tlD 15 TrOr PLPfl'6O 1:ENE'Oh•,
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mexe.•, rr h
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8i ,17:57 1t1 Kt7�f4F M'0 is kJi F4.oim KL'RfW1.
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taacs cig mTj Al /twr o! mop",% ads C i/f Si llrV A/Tt�7S °JIA�CT PRA°ri7Y is tLVLtF S!
K3Tit4E M'd 1155 kGT PLOUED 3HiffRRff
10 51 t, RyN d sey /e.•aa:nerd reoa,ded Li 'Al Ale fy2a :tf 0'.d Ra!orh cf Jt / /a+ton Cwlb,
Ym, e,.Y�7' gJ1 loo o/ U;i,',d SLOW a Atrwfoa. NW, m Do-,s AFF'ECr SUdirCrFTi wry In
10 A72 V" cf a:y /aoseM,M rweeded 11 VA M FcQ. 410 Died Ruatda -r .ka.,. Ca ttOa,
7raot, odq ix* h fewr a/ M Slats Wtkr CO W0,1, DOk2 Atm7 A r,--r Ste -144r
PRd°c'T7r AM 13 WT SYOW XGh1M.
70 At.% Ad,M e/ wy/eersmanl t ccvdM 47 Vs!
(S NCr 5ff0S 924 pt dad
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P/rL'1'ER1Y nth LS 1109 SfM)fw I.P-AY,
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I— cr,'�kdOj h fear of Mooia i Pol o0w Cwopnrp. Mr 71811 VX.7 hlzr,'71 J' St7�ktiT
PF flifl' h�J IS Mr ,WtH( HJ�M^14
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F, -,10,4 i ' A'0 iS i10T SW R? IIERE(X;.
f0 W, f" af Y% /.assns"! rrccrdrd to VU lied pa4a 271 JMed Rsr eia of &11,1140 A,w,fj,
Tgrer, 04RVA,1 h fCVA' of &M'* Pt0- floe Co, M ITW DM hb7 JfFFCT SLrd7FCT FRQFt.RTY
AV /S 1X97 Sm1D6N hwlay.
t0 his. Rlptrt of »g' /roeemrnt rec-"W At W. 1142 poj. 137 Died Recgda d
a7Y h fmw o! cwt stores ul u+r ca. jef,rs0n Cv'
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16 Aff. "At 0( a y /one,4 1 rrcan'ed A W. ISO tc5c 144 Ivad Rtcudt or W /arm 0trmtyty,,
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rams, erls*6wa/ Q� umNo Ploe 0" Ca, TWS 177:1! WE.5 NOT 1.5 or stlatSCr P,ROFIRTY
AW R her
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PhDf'£HrY Ls Par S IMY 1(~'4£0.4,
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rem:, GHTlrra3r di lb,w of fx.vw Plpsrin' PFWWT( I'M
is 1ror mlotVx 1#ltitrt
iA pph23. R of VV /ca.nmant reoadid Lkhlcr Co" Old'a F2M Lbw' No. 100-37--088 Rta7
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1C A4 W,j a ►vy /#macron( xsc:weod vadcr cau,ry ubrk'r f&n Cnaa 74, 702 -7J -0742 Pvrf
PraPA,o Racotda .l deRetren 00�n7y, fax'( cekyhozy i, yww of CarSw7 LD-xw TarhW7a0
1nw ud /o, iV PmpoN", ix, Rffi 1871 WS XT AFF£Or StVX67 PROPERTY AM L' tVT
HEdEC3'1.
10 h2S tkrA,44'e.I it any; on amass tc, k.4reu E. o/.d /tr aria /rcm N+ aolJrct pmni— "1:109
!none. towWo e( nwoad rW 04' e°7 batmen" It. land ON Ttsw St-- RW3t M7, and /or 064W from
od+•W C<C"l M, VA. 10 end /o• ayrau Gam Me at0;aol PWArb, dew Ay .i6 o! Pd m' r'adr,
A;sdttd oaaarr pA�y7.d by cmjed ! £a+amant rscw&d la WXvia X79, Pena 4M Dnad Raootdt
daNrraon <wnty, Tnra.4 rrwcuted by ket�rw e saacm P.a,SV'y 0"Pay to U Dwont de Mmwrt
ors! LY end dy o'ekraLbn amcvttd by' Cd 4a-mt. tft Nemwa sand Conrpaf au 1"-c0x d uda
Fry" Codt tb. 1D1 -�a1 ,L Rte? Avpqy Rccadi of •e/taaa+ ccwty, lex0a, aed nr ee'r* d by
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ID h2$, r m.., roc dai)w, atlPu, qs twuaris, odw.Anie rod aihv prvwom oa ssi foril H
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recorded rind(/ FAh? Cade At, 104 -Of ^RS7t7 Rea' P/ RKOldff of LUI MOF) th:rN JAX0,
A�:,-rCre S(.g.,MT I,W,.fR7Y, 1S 8t4).KC7 DI 1L4TUR£ Ahw IS wr PLOTTkD 1LWm4
6xa -4om l" lt41 4 128
SITE RESTRICTIONS:
Setback,
Front t A
tNA
A
Height one
None
Zone None
Mere are no site restrictions or zoning
information in the unlocorported I)M/ts of
Merlon County, Texas as per the
;rson County Enginoers Deportment,
� 835 -8584
Basis of Bearing
The bearing N 45'56'29' E being the southwest tine of
the subject tract, called 1,9445 cores, known as Lot J
of the DuPont- 8eaumont Industial Site No, 2 Subdlvlson
of record In ifolums 17 on Page 394 of the ldap
Records of Jefferson County, Texas, was used as 'rho
Bads of Bearing' for this survey. Sold Southwest fine
being designated in sold descrlption as Al 45'58'29" E
235, f t',
obtained from existing maps
supplied by Ovpont Personne,'.
Subject proporty is located
outside the Prifts or the City of
Roaumont, and within the
uninoorported limits of )efleraon
County, rezas.
Accoss to this property is in
common with access to the
DuPont property.
Lot 1, Lot 2, and Lot J shown
Qn Shoats 1 —J ore not
contiguous to such other.
there !e no visible ev}dence of
cemeteries on subject properties,
-- Mood Note: -�
8y graphic plotting ony, this
property is in Zone ,48 of M6 Flood
1rtsiironce Rate Map, community
Panal No. 480385 0170 C, which
bears on effective dote of
11-20-1991. No portfon of the
subject property lies within o
Spocial Flood Hazard Areo, oe
described on the Flood Wvronce
Potb Map for the oornmunll in
which the eubjeot p.eope
located. No field surveyng was
performea to determined ,his Zone
and an 8'levation Cortrflcoto may be
needed to verify Ws determination
or apply for - varionco from the
Federal Emergency idonagemeat
Agency.
Zone A8 denotes o spacial (load
,-one hazord oreQ,
119 i
i
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/11 BUT �WzeeE TO A40ERTAM £X4Or LOC1T/AI P- ro ArftaGUl7US wvrpJFA�U.
f 1Cg, , N-W k Ptmt W OMWAAAW— as 13J40,e M Arid r—,da woe AJrttgr Gut's 72i,
cod. &b , 19.T- 9f -18Pa Noe rof*,4d Vndoe ivn Orde Obs JOJ-99 -1869, wdlor Owe of Teve
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AZMTA2l FPACr tq--Wl rode M ,t AVIV lIS o=FflalQ.
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ariy4wPj It te'irr d JA lan7r,. ras JJEk AFFECTS' S'wk'c7' PRAot? y IB dJ%tatET '27W N4TI,YtE A!¢D
tS IV Pbom #'wK
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llfl( PLOJ'RD
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lLirtli4E N'p1 tS d'Orr P,& DIPA T�t, 1 MOS mw A f M 32OJELr PRO v?7r IS 81✓GPI67 N
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pwnm 10P. -V?hi or M/Pailcagnnsant rmcmrd h Vat, 213 pc�a W Decd R000rdr of .brraean CwAtK le.raJ,
tI6 �`d0 a NOT F4DIJED PJ e i Ca TJCS IJ[N �fFEUTS !Yf33ECT PROPFRJt; IS NLUG!£� R1
70t. AfPW n' aoy /aueoiyt r*CwVx7 tr) W 2fJ Fge 4s1 rnW R.AAds a Ja i Lim C4uny, Ta�nd.
tN9hM' h low d 16oM& A imA tmr cv, TJCS MW A9;arS stla. mr PROPERTY, RP IT 11
!h NE7tEDN 1S MY P 94TUM qqnn
JtAy BS61 d Hagjeaernad nt.vded k W. JJJ s M9 Decd RumTt of 44fi C-W)l)t6 JtdQ£
vrfa * It !mom' a' J t4, -- Cb. DOS lyvi A'77:M 9rl4+FOT PROPERTY, 15
Af iS wr PiOT1Ep lwl..
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rarvs, crlglnr3y In kwl of L,Sr,' Stoles EK,'fQs c—y—y, Ttfs 1rF>t C0.S Avr Arrecr sACOr
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JTA9 C£1 OdS z1r AIMT 54.' AW IMPwM Rio 0 W7 M0104 Hr;l AV,
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ITtl1 AfrECTS SMAXOt PROP£RJYiU10 tS SFI t NERIM
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ihu.dD,,A.nsrlca corw -ke ead 3eou -rnM Ilsihar4 M AFf cls SSt FVT PROPERTY AV 1S SW 41
1�\
120
I
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Oro sub*f propvriy VECCmACR !0 0 Kant SIN,
i
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dE9,450 Sp,+crr fast 7clo!
1
Parking Stolls
7 Sla SMla
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1 f
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i
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deaaip6:r.1 6t S 44'G700' & 1,676.00,
i
VICIN(fr- 'MAP
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1121
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APPt� arfr LOUet£ TO ASCERTAIN EXWT LtJCWM (OUT TO A4I8M.u0US OdFmPIWO,
f to), SA)oct !o PvtT W # aunlnfanaal m Adobe W 17 DPO roaerdod tWie Como, Ofids FAn
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,Ocorded under f&b Cade NO, 103 -99 -1809, and /sr ibid of Trust racwtAFY wdm Mn 06 Na
103 -99 -Tat?, eN al Real AYPPHY J?#P <V s o/ Ja lrna� Gyw-# Tan APPLeI BUT LVQXE TO
AmRCWJ cv--r LCCAIAV (OVE 70 AllL:0Uttr8 mTcfi&lwO
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in 131 7 A' /tt1mw,- -I& try' HOT FLOprosH� 0 1TC1i 17F1I Aci6OT5 SL�s'Or PJ 7Y A'
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Abstract No, J2 in Jefferson County, Texas, being Lot 1 out of and a portion of thal certain 74.667
ocre fraot of land known as Lot 3, out of DuPonf—Beoumont lndustriol Sites Subdivision of record Jr
Volume 18 on Page 4 of the Dead Rocortds of Jefferson County; Texas, said 12.826 ocrss haing more
oorticularly described by metes and bounds, as follows;
Beginning of a 112" Rod w /cap rnarktng ah Interior point within the said Lot 3, and being south
oor rwr of the hereln desccibed traol;
Ihanoe olong tho courses and distaltces over and across tho sold Lot 3 wlth the property Itttas or
the hereln described tract to on Interior corner of the said Lot 3J,
1) Thence N 44'07'00" V1 (bearing basis), 561.9$' (call 582,00) to a 1/2" Roo' wfcop found,
i) Thoiloo N 04'0704' E (call h' 04'09'14" E), 247.82' (call 247,89) to a Rent 112' Rod found,
3) Tnence N 4.554'39` !" {col! N 45753'00° E), 450.05' (call 450,00 tc a 112' Rod w /cac round,
4) Thence S 71'38'07" E: (call S 7f, 27 F), 151.20' (call 152.07') to a I /k' Rod w /cap founC,
5) Thence S 44,09,11' 1, (call S 44'67'00" F), 75, 10' (6-011 75.00) to a 1%2" Rod vr/cdp found,
6) Thence S 62'4745" E; (call S 62'3306" E'), 111.33' (colt f 10,68) to a 112" Rod w /cap found,
7,) Thence S 43'4551" E (caA S 44'07'000 E }, 40,27' (call 40,00) to o I%2' Pod sol,
8) Thence S 70'21'49" £' (toll S 70'f9'00' F), 35t,07' (call . 51,07, to 0 112" Rod set,
9) Thenoo S 42'46'27" £' (poll S 44'07'00" E"), 20.30' (call 20,30) to 0 112" Rod wycop found
morking the east flue of Pelham Humphries Leoque; the east IMs of the J,C, Johnson Survey, Abstract
No, 34,
10) Thenco S lrlo'45'20" 19 rrlth the west Ilno of the sold J.C, v'ohnsor Survey, the east line of the
said Pelham Humphries Leggue, Abstroot No, 32, in Jefferson County, Texas for a distance of 78,85' to
a 1 f2" Rod w /cop found,
Thence S 45'52'.!3"" ii' (coil S 455J'00" W), 8319.68' (call 83'8,e33) to the point and Plano of
beginning, cohfotrn?ng In aroo 12,826 acres (6519,700 -Square feet) of fond Mors or less,
General Notes: Parking Stall&
Portio,7s of this drawing were
obtained from existing maps
supplled by Pupont Personnel,
5ubfsct'property le iocoted
outside the flmtts of the City of
f3eoumont, and within the
unincorported Gmlts of Joffomon
County, Tsxos.
Access to this property is In
common with access to tho
DuPont property.
Lot 1, Lot 2, and Lot 3 shown
on Shoefs 1-3 are not
contiguous to each other
0 Standard Stalls
0 Handicap Stolfs
0 Reservod Stalls
Dosis Of Boa inn
The beating N 44'07'00" W being the southerly line of
the called 12,818 ocre tract of land of record in Volume
646 on Pago 33 of the Deed Records of Jefferson
County, Texas, was used as '7he Basis of Bearing' for
thfr survey: Sold southerly ilne being doslgnoted In said
description as N 44'07'00" iii 582,00`,
123
Pa
February 18, 2014
Consider approving a resolution approving the purchase of a data storage system from Sigma
Solutions, Inc. for use in all City Departments
RICH WITH OPPORTUNITY
r
T• E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Bart Bartkowiak, Chief Technology Officer � 3
February 18, 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of a
data storage system from Sigma Solutions, Inc. in the
amount of approximately $176,795 for use in all City
Departments.
BACKGROUND
Pricing was obtained through the State of Texas Department of Information (DIR). DIR
provides cities and political subdivisions with the means to purchase information technology at
volume prices contracted under the procurement statutes of the State of Texas.
The filer heads in the current data storage system have reached their end of life. At current
pricing it is more economical to replace the entire storage system rather than only replacing the
two filer heads. The data storage system is used for central storage across all City Departments
for many different purposes including server data and storage of all Police in car videos.
FUNDING SOURCE
Capital Reserve.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT.-
THAT the City Council hereby approves the purchase of a data storage system for use by
all City Departments from Sigma Solutions, Inc., of San Antonio, Texas, through the State
of Texas Department of Information Resources (DIR) contract, in the amount of $176,795.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
February, 2014.
- Mayor Becky Ames -
WORK SESSION
#1
Herman & Kittle Properties, Inc. will
make a request regarding a proposed
apartment complex on Old Dowlen
Road to be named Cypress Place LP.
The Developer is applying for Housing
Tax Credits with the Texas Department
of Housing and Community Affairs
FIERIMAN& KITTLE
I-'R()TIE TTIF'S, INC'
January 23, 2014
Councilmember Alan B. Coleman
Beaumont City Council Ward I
PO Box 3827
Beaumont, TX 77704
Dear Councilmember Coleman,
I hope you are well. I recently sent a notification informing you that Cypress Place LP is applying for Housing
Tax Credits with the Texas Department of Housing and Community Affairs ( "TDHCA ") for Cypress Place,
located on the W Side of Old Dowlen Rd., N of Dowlen Rd. in Beaumont. This New Construction development
is comprised of approximately 72 one, two, and three bedroom apartments, of which approximately 68 units will
be financed using housing tax credit financing.
Currently, our application is the most competitive application in the region because it is located in what TDHCA
considers a "high opportunity area". Through its scoring criteria, TDHCA is attempting to de- concentrate tax
credit - financed housing and promote workforce housing opportunities in areas that are typically too expensive
for working class families to live. Cypress Place meets the State's desired criteria.
As part of our competitive application process, we are requesting that our project be added to City Council's
Agenda for the February 4th meeting for the following:
1. That Council considers and adopts a resolution acknowledging that the City of Beaumont currently has
more than twice the state average of units per capita supported by housing tax credits; and
2. That Council considers and adopts a resolution of support for the project, acknowledging that all
citizens of Beaumont, including those of modest means, deserve high quality, safe, and affordable
housing. Moreover, this resolution would acknowledge that the City's planned work on Old Dowlen
Road will directly benefit the development.
I have been working with Director Boone in the Planning Department for over a year now, and I would sincerely
appreciate the opportunity to appear before Council. Please let me know if it is possible to be put on the agenda
for February 4, 2014. Also, please do not hesitate to contact me with any questions or requests for additional
information. I am happy to meet with you and any other Council Members in advance of February 4`h to discuss
the project in further detail. I look forward to hearing from you.
Sincerely,
Stacy Kaplowitz
Development Director, Herman & Kittle Properties, Inc.
Representative for Cypress Place LP
3000 Skylark Drive Austin, TX 78757
Phone: 317.997.3095
Email: saplowitz@hermankittle.com
CYPRESS PLACE FACT SKEET
Who is Herman & Kittle Properties, Inc. (HKP)?
For over 33 years, HKP has developed, constructed, and managed high quality apartment
communities and self- storage facilities throughout the country. We currently manage a
portfolio of over 110 properties, including over 10,000 apartment homes. Last year HKP was
ranked #15 out of the country's top 50 affordable housing developers by Affordable Housing
Finance Magazine. You can learn more about our organization at www.hermankittle.com.
Where is Cypress Place Apartments proposed to be located?
The proposed development will be located on a 6 acre site on the west side of Old Dowlen
Road, north of Dowlen Road in Beaumont. The site is surrounded by vacant commercial land
and an apartment complex to the south.
Is the site currently zoned for multi - family? Yes, no rezoning will be necessary.
What amenities will Cypress Place have for its residents?
Community amenities will include a clubhouse, pool, fitness center, business center, 24 hour
maintenance and emergency service, on -site management, and gate /security. Individual
apartments will feature patios or balconies, walk -in closets, Energy Star appliances, cable ready,
handicap accessible options, and washer & dryer hook ups.
Who will live in Cypress Place Apartments?
Families earning up to 60% of the area median income (AMI) in Jefferson County who meet the
screening and eligibility restrictions of the property may qualify for a reduced rent unit. The
community will also feature some market rate units. Per our resident selection criteria, all
residents must have an income in order to live in our community.
What is the current AMI in Jefferson County?
The AMI for a 4- person family in Jefferson County is currently $53,900.
Who will own and manage the proposed development?
HKP develops, builds, owns, and manages all of our properties. We take a long -term view to
development and believe it is in our best interest as owners to maintain our properties and
keep them safe, attractive, and desirable places to live.
What other projects has HKP worked on in Texas?
HKP recently opened a 75 unit apartment complex in Taylor, Texas called Main Street
Commons. Another 80 unit apartment complex called the Residences of Solms Village in New
Braunfels is under construction.
What is tax credit financing?
The Housing Tax Credit (HTC) Program, administered by the Texas Department of Housing and
Community Affairs (TDHCA), was created under the Tax Reform Act of 1986 to incentivize the
CYPRESS PLACE FACT SHEET
use of private equity in the development of workforce housing aimed at low to moderate
income citizens. Tax credits are sold to equity investors with the requirement that the property
maintain its affordability to low and moderate - income individuals and families for a minimum
period, typically 15 years. Both the IRS and TDHCA monitor the developments for compliance
with the program rules. Annual reporting is required of all developers as well.
Are tax credits subsidized housing?
No. It is important to note that housing tax credits are in no way related to the Section 8
program administered by the U.S. Department of Housing and Urban Development. This
project has absolutely no subsidy. Per our resident selection criteria, tenants must have an
income to live in the units. Housing tax credit units offer income qualified tenants a unit at a
reduced rental rate that is restricted by annually published rent guidelines. Section 8
determines the rent based on 30% of a tenant's actual income. Housing tax credit rental rates
may increase or decrease annually based on published limits, but Section 8 rents increase only
when the occupying household's income increases or decreases or amended budgets
containing proposed rent increases are requested by the Section 8 development owner.
Where can I learn more about the Housing Tax Credit Program?
Texas Department of Community Affairs — www.tdhca.state.tx.ps
Contact Information:
Stacy Kaplowitz, Development Director
Herman & Kittle Properties, Inc.
3000 Skylark Drive
Austin, TX 78757
Tel. 317.997.3095
Email. skaplowitz(aa>hermankittle.corn
City of Beaumont Resolution for Cypress Place Development
Whereas Cypress Place LP has proposed a development for affordable rental housing at Old
Dowlen Road named Cypress Place in the City of Beaumont; and
Whereas, there is a need for affordable housing for the City of Beaumont citizens of modest
means; and
Whereas, Cypress Place LP intends to submit an application to the Texas Department of Housing
and Community Affairs (TDHCA) for 2014 Low Income Housing Tax Credit Program funds for
Cypress Place; and
Whereas, the application for the funding of tax credits requires a match of local funds in the form
of a loan or in kind contribution.
Be it resolved that:
This resolution affirms the City of Beaumont's support for the above named development; and
The City of Beaumont is not a related party to the Applicant; and
This resolution is a firm commitment from the City of Beaumont for the purposes of
Commitment of Development Funding by a Local Political Subdivision in the amount of XXX;
and
These funds will be in the form of an in kind match contribution which will directly support the
development by providing off -site improvements through the expansion of Old Dowlen Road
which serves the site; and
That any funds committed to this development have not been first provided to the City of
Beaumont by the Applicant or a Related Party.
Resolved this date.... [city to use its format for resolutions].
15 +/- Acres on Old Dowlen Road
Beaumont, Texas
Aerial Photo by Bing Maps
The location of the property lines are approximate, and will need to be verified by a survey.
WORK SESSION
* Discuss the naming of the North End
Community Center, located at 3580 E.
Lucas, in honor of Judge John Paul Davis