STATE OF TEXAS ) BROWNSVILLE NAVIGATION DISTRICT
COUNTY OF CAMERON ) CONTRACT NO. 2826
THIS CONTRACT between the BROWNSVILLE NAVIGATION DISTRICT OF CAMERON
COUNTY, TEXAS, a navigation district organized, created and existing under and
by virtue of the laws of the State of Texas, with its domicile in Brownsville,
Cameron County, Texas, hereinafter styled District, and STATIA TERMINALS
SOUTHWEST, INC. hereinafter styled Lessee;
W I T N E S S E T H:
The said BROWNSVILLE NAVIGATION DISTRICT OF CAMERON COUNTY, TEXAS, does by
these presents lease and demise unto the said STATIA TERMINALS SOUTHWEST, INC.
the property described on Exhibit A, attached hereto and made a part hereof for
all purposes, for a term of ten (10) years, commencing the 1st day of January,
1994, for and upon the following terms and conditions:
I.
As a consideration for this lease and as rental for said leased premises,
and as consideration for the building situated on the site, the Lessee has paid
the sum of TWO HUNDRED THOUSAND and NO/100 DOLLARS ($200,000.00).
II.
It is an express condition of this agreement and lease that the property
leased hereby is for the sole purpose of bulk liquid storage terminal. This
lease may be terminated without judicial ascertainment by the District at any
time Lessee discontinues the use of the premises for the purposes named or uses
such premises for any other purpose, provided that in the case of nonuse such
default of said Lessee shall exist for a period of 90 days at any time after
commencement of the operation of said described business.
Page 1
III.
All construction of improvements and facilities of Lessee on the leased
tract of land shall be subject to the approval of the District prior to the
beginning of construction and shall conform with the requirements of the
National Board of Fire Underwriters for such occupancy and facilities. The
Lessee shall construct, maintain and operate its facilities on the leased
property so as not to conflict with the regulations of any federal, state or
municipal authority having jurisdiction thereof, nor with the rules and
regulations prescribed by the District in the official Tariff of the Port of
Brownsville. All private fire protection which may be installed by the Lessee
shall conform in all respects to the standards of the private fire protection
facilities installed and maintained by the District.
IV.
Lessee may not assign this lease or sublet the leased premises without the
written consent of District. Further, Lessee may not assign this lease or sublet
the leased premises for any use other than as stated in Paragraph IV of this
lease.
V.
All notices required hereunder shall be deemed to have been served if hand
delivered or sent by registered or certified mail, to District at the address
below or to Lessee at the leased premises or at the address below:
TO DISTRICT: TO LESSEE:
BROWNSVILLE NAVIGATION DISTRICT STATIA TERMINALS SOUTHWEST,
OF CAMERON COUNTY, TEXAS INC.
POST OFFICE BOX 0000 XX 00, XXX 00
XXXXXXXXXXX, XXXXX 00000-0000 XXXXXXXXXXX, XX 00000
VI
Lessee shall have the right to erect electric lights, power, water and gas
lines over and across lands belonging to District, including the premises leased
herein, incidental to the rights and privileges herein given, and shall have the
further right to connect said lines to main lines maintained by the District;
Page 2
provided and except, however, that the rights in this paragraph defined shall
be, and the same are, specifically made subject to the following conditions and
restrictions:
1. The location and construction by Lessee of all or any of said lines
shall be subject to the approval of District and after the same are installed,
no change shall be made without the written consent of said District.
2. District may at any time require a change in location of any wires,
poles, water or gas mains or pipelines, accessories or other facilities laid on
or across any land or facilities of District other than the leased premises, if
it is deemed by District necessary that the same be changed, by giving Lessee 30
days' written notice of such requirements, and such changes so made shall be at
the cost and expense of Lessee; provided such right shall not be exercised
arbitrarily by District, but only when such action is made necessary for
improvements then on said property or the construction thereof being immediately
contemplated, and provided that, where any changes are required to be made under
this provision, District shall furnish Lessee with a new location therefor; such
new location to be the most convenient and direct available at such time.
3. Lessee agrees to pay District for all water used and all applicable
standby charges, at rates customarily charged to other industries on the
District's property.
4. Connection to District's water main must be of standard installation,
installed to the satisfaction of District, and with a meter of adequate size
properly operating and equipped with a check valve. The meter shall be furnished
by Lessee and installed immediately at the point of connection with District's
main.
5. All electrical and power line connections, extensions and installations
are to be made in accordance with the rules and regulations of the National
Electrical Code.
Page 3
6. Lessee agrees to pay to District as and when they accrue, wharfage,
port, harbor and other charges for the use of its facilities at the rates
published in the District's then effective official Port Tariff containing
authorized rates, rules and regulations governing the Brownsville Ship Channel
and its publicly owned wharves, piers and docks, as well as all other lawful
charges incurred to District by reason of Lessee's operations on the demised
premises.
7. District agrees to grant title of 6,165 square feet of gross building
area on site to Lessee.
8. In the event that Lessee stores more than 5,000 gallons of petroleum
hydrocarbon Lessee agrees to install groundwater monitoring xxxxx prior to
receiving such liquid hydrocarbon products.
A minimum of four (4) monitoring xxxxx shall be installed on the perimeter
of the facility and shall be placed at an approximate equal distance from each
other. Xxxxx shall be constructed to comply with current USEPA standards for
monitoring xxxxx.
The xxxxx shall be fully developed upon installation. The groundwater
shall be monitored when they are developed and once a year thereafter.
Parameters analyzed shall include TPH (Total Petroleum Hydrocarbons) for all
facilities, and BTEX (Benzene, Toluene, Ethylbenzene, and Xylene) for all
facilities handling crude oil and light distillates. Facilities handling
Hazardous Materials, as defined by USDOT regulations in 49 CFR 100-199 (subpart
C) shall also install groundwater monitoring xxxxx as described above, and shall
monitor for all chemicals stored in tanks with a capacity in excess of 500
gallons.
VII.
If any of the sums of money to be paid by Lessee shall not be paid as and
when the same becomes due or if Lessee shall default in the performance of any
of the other agreements, conditions, covenants or terms herein contained, or if
Lessee
Page 4
shall abandon the premises as described in Paragraph IV; or if a petition or
answer for reorganization of Lessee or the then owner of Lessee's interest
hereunder shall be filed; or if Lessee or the then owner of Lessee's interest
hereunder shall make a general assignment for the benefit of creditors, or shall
take any benefit under any insolvency or bankruptcy act, or have a receiver or
trustee or other fiduciary appointed for its property; or if Lessee's leasehold
interest shall be taken on execution or other process of law; or if this lease
or the estate of Lessee hereunder shall be transferred or passed to or devolve
upon any other person, firm, association or corporation except in the manner
provided hereunder; then and in any of said events, District shall have the
right to terminate and this lease and the term hereby granted, as well as the
right, title and interest of Lessee hereunder; provided, however, that the
District shall first give Lessee 30 days' notice in writing of such default,
specifying in particularity the nature of the default, and shall give Lessee the
opportunity to cure such default within such 30 day period. If Lessee should
fail to cure such default within such 30 day notice period, District may
terminate this lease; and it is agreed that upon the expiration of the term
fixed in such notice, if the nonpayment, default or other cause of termination
specified in such notice shall not have been made good or removed, this lease
and the term hereby granted and created, as well as all the right, title and
interest. of Lessee hereunder shall, at the option of the District, terminate in
the same manner and with the same force and effect as if the expiration of time
in such notice were the end of the term herein originally demised; and the
District may immediately, or at any time thereafter, and without further notice
or demand, enter into and upon said premises, or any part thereof, in the name
of the whole, and repossess the same as of. its first and former estate and
expel the Lessee and those claiming under it, and remove its effects (forcibly,
if necessary) without being taken or deemed
Page 5
guilty of any manner of trespass, and without prejudice to any remedies which
might be otherwise used for arrears of rent or preceding breach of covenants.
It is understood and agreed that no part of the time of the discontinuance
or cessation in operation referred to in Paragraph IV which is caused by the
interference of military authorities, strikes, floods, fires, navigation
hazards, embargoes, or limitations on production instituted by state, national
or local authorities, or any other act not within the control of either party
hereto, shall be counted in the 90 day period mentioned in said Paragraph IV.
VIII.
The Lessee shall comply with all the conditions and covenants of this
lease. If the Lessee complies with all the conditions or covenants of this
lease, upon the expiration of the term of this lease, Lessee shall have the
right for a period of up to 30 days from the date of said expiration, and not
thereafter, to remove all of its improvements of every kind and character,
except all water mains, gas mains, railroad tracks, power lines, wharves or
bulkheads, which are hereby agreed shall become the property of the District
upon said expiration, cancellation or forfeiture, from the leased premises;
provided, however, that the leased premises shall be restored to their present
condition after the removal of said improvements, all excavations, except slips,
filled and all refuse of every kind and character removed from said premises.
Until such removal and restoration is completed, Lessee shall pay to District on
a month-to-month basis the then current rental for the premises. Such rental
shall be due monthly in advance and Lessee shall pay a full month's rental for
any fraction of a month during which it completes such removal and restoration.
In the event of the breach of any such conditions or covenants, and after
the revocation or forfeiture of this lease by District as in Paragraph IX
provided, all improvements owned
Page 6
by Lessee and placed upon the premises shall be considered as part of the real
estate and shall become the property of the District.
IX.
Lessee shall pay all taxes and assessments legally levied and assessed
against its leasehold interest and its improvements on said property during the
term of this lease and any extension thereof before such taxes and assessments
become delinquent, unless Lessee, by legal proceedings, contests the legality of
same, in which event such taxes and assessments shall be promptly paid upon the
judicial determination thereof.
X.
Lessee shall keep sidewalks, roads and passageways, if any, on or over
said leased premises in good repair, and shall indemnify and hold harmless
District against any and all claims, damages, liabilities, costs (including
reasonable engineering and/or attorneys fees) arising out of, in connection
with, or incident to any act or omission or condition (including the negligence
of District or its agents or employees) in connection with the ownership,
operation, maintenance or repairs of the premises covered by the Lease including
any additions to or extensions of the same. Lessee agrees to repair any damage,
reasonable wear and tear alone excepted, to District's road contiguous to the
leased premises caused by tank trucks conveying petroleum products to or from
the leased premises.
Lessee shall keep in full force and effect Bodily Injury Liability and
Property Damage Liability Insurance covering its operations to be carried out
upon or in connection with this lease. The policy or policies shall name
District as additional insured and contain a clause that the insurance will be
canceled or changed without giving the District thirty days prior written
notice. Certificates of insurance shall be furnished to the
Page 7
District. The limits of liability and other insurance policy particulars
required will be available at the District's administrative office.
XI.
The District reserves the right to have rights-of-way and easements on,
over and across the premises for underground water lines, pipelines, power
lines, telegraph and telephone lines, necessary or proper for the purposes of
developing and serving lands adjacent to the tract leased by the Lessee; said
rights-of-way and easements, however, to be so located and said water lines,
pipelines, power lines, telegraph and telephone lines so constructed and
maintained as not to impair or interfere with any of the existing or anticipated
improvements on said tract leased by the Lessee, or with the maintenance or
operation thereof.
XII.
In construction of its improvements on the leased premises and in its
operation and maintenance of said improvements and the conduct of its business
thereon, Lessee agrees and hereby obligates itself to conform to and be bound by
the following:
1. No building or other similar improvements shall be constructed within
20 feet from the theoretical top of all bank lines and all road right-of-way
lines, nor within 10 feet from all other property lines.
2. All septic systems installed on said leased premises shall be subject
to the approval of the District's Engineer and the County Health Officer of
Cameron County, Texas.
3. All waste water, rain water, etc., not containing noxious, odorous or
otherwise harmful substances may be disposed of through direct underground
drains into the basin, except that such drains must leave the bank at least 8"
below the top line of rip rap rock to prevent erosion of the bank. In no event
shall
Page 8
any such drain water be shunted or passed over banks of the harbor, nor shall
any noxious, odorous or otherwise harmful substance be discharged into such
harbor or basin.
4. Lessee agrees to connect its septic system to any sanitary sewer system
constructed by District for the purpose of serving the leasehold, among other
lands, paying the District its customary charge for such sewer service.
5. Lessee agrees to maintain and return the leased premises in a clean and
well maintained condition. All fences will be kept in good repair, grass mowed,
and all scrap metal, trash or other litter removed.
6. Lessee agrees to return the leased premises in the same condition as
Lessee received them, ordinary wear and tear excepted.
XIII.
In addition to the District's xxxxxxxxx xxxx, Xxxxxxxx shall have at all
times a valid security interest to secure payment of the sums of money becoming
due hereunder from Lessee, and to secure payment of any damages or loss which
District may suffer by reason of the breach by Lessee of any covenant, agreement
or condition contained herein, upon all goods, wares, equipment, fixtures,
furniture, improvements and other personal property of Lessee presently or which
may hereafter be situated on the premises, and all proceeds therefrom, and such
property shall not be removed therefrom without the consent of District until
all sums of money then due to District hereunder shall first have been paid and
discharged and all the covenants, agreements and conditions hereof have been
fully complied with and performed by Lessee. Upon the occurrence of an event of
default by Lessee, District may, in addition to any other remedies provided
herein, after giving thirty (30) days' notice of the intent to take possession
and giving an opportunity for a hearing thereon, enter upon the premises and
take possession of any and all goods, wares, equipment, fixtures, furniture,
improvements and other
Page 9
personal property of Lessee situated on the premises, without liability for
trespass or conversion, and sell the same at public or private sale, with or
without having such property at the sale, after giving Lessee reasonable notice
of the time and place of any public sale or of the time after which any private
sale is to be made, at which sale the District or its assigns may purchase
unless otherwise prohibited by law. Unless otherwise provided by law, and
without intending to exclude any other manner of giving Lessee reasonable
notice, the requirement of reasonable notice shall be met if such notice is
given at least 10 days before the actual time of sale. The proceeds from any
such disposition, less any and all expenses connected with the taking
possession, holding and selling of the property (including reasonable attorneys'
fees and other expenses), shall be applied as a credit against the indebtedness
secured by the security interest granted in this section. Any surplus shall be
paid to Lessee or as otherwise required by law, and the Lessee shall pay any
deficiencies forthwith. Upon request by District, Lessee agrees to execute and
deliver to District a financing statement in form sufficient to perfect the
security interest of District under the provisions of the Uniform Commercial
Code in force in the State of Texas. The statutory lien for rent is not hereby
waived, the security interest herein granted being in addition and supplementary
thereto. Anything to the contrary notwithstanding, said security interest shall
be subject and subordinate to a security interest granted by the Lessee to a
third party in and to any property owned by Lessee and located upon the leased
premises ("Lessee's Property") to the extent such security interest was granted
for the purpose of securing payment (i) to the Seller for the purchase price
paid by Lessee for Lessee's Property or any portion of such purchase price, or
(ii) to a lender advancing funds for such purchase price or any portion of such
purchase price or for the construction of improvements upon the leased premises
by Lessee.
Page 10
XIV.
Lessee agrees to comply with all provisions of the official Tariff of the
Port of Brownsville as it now exists or hereafter may be amended. In the event
of a conflict between the provisions of this lease and the provisions of such
Tariff, the provisions of the Tariff shall control.
XV.
District expressly warrants that it is the sole owner of the premises,
that it has the full right, power and authority to make this lease, and that no
other person needs to join in the execution thereof in order for the lease to be
binding upon all parties having an interest in the leased premises.
XVI.
In the event Lessee or District breaches any of the terms of this
agreement, whereupon Lessee or District employs attorneys to protect or enforce
its rights hereunder, or in the event Lessee or District files a petition in
bankruptcy and Lessee or District employs attorneys to protect its rights, then
the party which breaches or files a petition in bankruptcy agrees to pay the
other party reasonable attorneys' fees.
XVII.
As used in this article, the term "Hazardous Materials" means any
hazardous or toxic substances, materials or wastes, including, but not limited
to, those substances, materials and wastes listed in the United States
Department of Transportation Hazardous Materials Table (49 C.F.R. 172.101) or by
the Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302)
and amendments thereto, or substances, materials and wastes which are or become
regulated under any applicable local, state or federal law, rule, or regulation,
including without limitation, any material, waste or substance which is: (i)
petroleum; (ii) asbestos; (iii) polychlorinated biphenyls; (iv) designated as a
"hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C.
251, et seq. (33 U.S.C.
Page 11
1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. 1317);
(v) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., (42 U.S.C.
6903); or (vi) defined as a "Hazardous Substance" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9601, et se4. (42 U.S.C. 9601).
Lessee covenants and agrees from the date hereof and as long as the
provisions of this lease shall remain in effect to remove from the Premises, if
and as required by law, any Hazardous Materials placed in or on the Premises by
Lessee, its agents, its employees or its independent contractors, and to comply
in all respects with all federal, state and local governmental laws and
regulations governing such removal. Lessee promises to give notice to District
of any claim, action, administrative proceeding (including, without limitation,
informal proceedings), or other demand by any governmental agency or other third
party involving the existence of Hazardous Materials on the Premises, and copies
of any notice of any releases of Hazardous Materials given by Lessee pursuant to
any law, rule or regulation, and any report of and response to any such
incident.
Lessee agrees to indemnify, pay and protect, defend and save District
harmless from and against any and all claims (including, without limitation,
third party claims for personal injury or real or personal property damage),
actions, administrative proceedings (including informal proceedings), judgments,
damages, punitive damages, penalties, fines, costs, liabilities (including sums
paid in settlement of claims), interest, or losses, including reasonable
attorneys' and paralegals' fees and expenses, consultant fees, and expert fees,
together with all other costs and expenses of any kind or nature (collectively,
the "Costs") that arise directly or indirectly from or in connection with the
release or suspected release by Lessee or its agents, its employees or its
independent contractors of any Hazardous
Page 12
Materials in or into the air, soil, ground water, or surface water at, on,
about, under, or within the Premises, or any portion thereof, or elsewhere in
connection with Lessee's operations on or in connection with the Premises. The
indemnification provided in this lease shall specifically apply to and include
claims or actions brought by or on behalf of employees of Lessee. In the event
District shall suffer or incur any such costs, Lessee shall pay to District the
total of all such costs suffered or incurred by District upon demand therefor by
District. Without limiting the generality of the foregoing, the indemnification
provided in this lease shall specifically cover costs, including capital,
operating and maintenance costs, incurred in connection with any investigation
or monitoring of site conditions, any cleanup, containment, remedial, removal,
or restoration work require or performed by any federal, state or local
government agency or political subdivision or performed by any nongovernmental
entity or person because of the presence, suspected presence, release, or
suspected release of any Hazardous Material in or into the air, soil, ground
water, or surface water at, on, about, under, or within the Premises or any
portion thereof, or elsewhere in connection with Lessee's operations on or in
connection with the Premises and any claims of third parties for loss or damage
due to such hazardous materials.
In the event Lessee is required to conduct or perform any investigation or
monitoring of site conditions for any cleanup, containment, restoration, removal
or other remedial work (collectively the "Remedial Work") under any applicable
federal, state or local law or regulation, by any judicial order or by any
governmental entity, or in order to comply with any agreements affecting the
Premises because of or in connection with any occurrence or event described in
this lease, Lessee shall perform or cause to be performed the Remedial Work in
compliance with such law, regulation, order or agreement; provided that Lessee
Page 13
may withhold such compliance pursuant to a good faith dispute regarding the
application, interpretation, or validity of the law, regulation, order or
agreement, subject to the requirements of the following paragraph. All remedial
work shall be performed by one or more contractors selected by Lessee and
approved in advance in writing by District, and under the supervision of a
consulting engineer selected by Lessee and approved in advance in writing by
District. All costs and expenses of such Remedial Work shall be paid by Lessee,
including, without limitation, the charges of such contractors and/or the
consulting engineer, District's reasonable attorneys and paralegals' fees and
costs incurred in connection with monitoring or review of such Remedial Work. If
Lessee shall fail to timely commence or cause to be commenced, or fail to
diligently prosecute to completion, such Remedial Work, District may, but shall
not be required to, cause such Remedial Work to be performed, and all costs and
expenses thereof or incurred in connection therewith shall be Costs within the
meaning of this lease. All such Costs shall be due and payable upon demand
therefor by District.
Lessee shall be permitted to contest or cause to be contested, subject to
compliance with the requirements of this paragraph, by appropriate action any
Remedial Work requirement, and District shall not perform such requirement on
its behalf, so long as Lessee has given District written notice that Lessee is
contesting or shall contest or cause to be contested the application,
interpretation, or validity of the governmental law, regulation, order or
agreement pertaining to the Remedial Work by appropriate proceedings conducted
in good faith with due diligence; provided that such contests shall not subject
District or any assignees of District's interest in the Premises to civil
liability and does not jeopardize any such parties' interest in the Premises.
Lessee shall give such security or assurances as may be reasonably required by
District to insure compliance with the legal requirements pertaining to the
Remedial Work (and
Page 14
payment of all Costs in connection therewith) and to prevent any sale,
forfeiture, or loss by reason of such nonpayment or noncompliance.
This article shall be binding upon, inure to the benefit of, and be
enforceable by District and Lessee, and their respective heirs, legal
representatives, successors and assigns, including, without limitation, any
assignee or purchaser of all or any portion of the District's interest in the
Premises. If any term of this article or any application thereof shall be
invalid, illegal, or unenforceable, the remainder of this article and any other
application of such term shall not be affected thereby. No delay or omission in
exercising any right hereunder shall operate as a waiver of such right or any
other right. The provisions of this article shall survive the termination or
expiration of this lease.
XVIII.
District reserves the right, on ninety (90) days' notice, to move Lessee
at District's expense to another location on District's lands fully suitable for
Lessee's purposes.
XIX.
Neither Lessee nor anyone claiming by, through or under Lessee shall have
the right to file or place any mechanic's lien of any kind or character
whatsoever on the premises, or on any of the buildings or improvements thereon,
and notice is hereby given that no contractor, subcontractor, or anyone else who
may furnish any material, service or labor for any buildings or improvements,
alterations or repairs at any time shall be or become entitled to any lien
thereon whatsoever. For the further security of District, Lessee shall give
actual notice of this restriction in advance to any and all contractors,
subcontractors or other persons, firms or corporations that may furnish any such
material, service or labor.
Page 15
XX.
This instrument contains the entire Agreement between the parties hereto,
and neither party shall be bound by any representation or agreement, oral or
written, made by either party or any of their agents, representatives or
employees, not set forth herein.
IN TESTIMONY WHEREOF said BROWNSVILLE NAVIGATION DISTRICT OF CAMERON
COUNTY, TEXAS, and said STATIA TERMINALS SOUTHWEST, INC., have each caused these
presents to be executed by its proper officers thereunto duly authorized on this
14th day of January, 1994.
BROWNSVILLE NAVIGATION DISTRICT
OF CAMERON COUNTY, TEXAS
/s/ Xxx Xxxxx
----------------------------------
XXX XXXXX, Chairman of
the Board of Navigation and
Canal Commissioners of the
Brownsville Navigation District
of Cameron County, Texas
Attest:
By: /s/ [ILLEGIBLE]
-----------------------------
Secretary
STATIA TERMINALS SOUTHWEST, INC.
By: /s/ Xxxxx X. Xxxxxxx
------------------------------
Attest:
By: /s/ Xxxxx X. Xxxxx
-----------------------------
Secretary
STATE OF TEXAS )
COUNTY OF CAMERON )
This instrument was acknowledged before me on the 19th day of January,
1994, by XXX XXXXX, in his capacity as Chairman of the Board of Navigation and
Canal Commissioners of the Brownsville Navigation District of Cameron County,
Texas.
/s/ XXXXXXXX X. XXXXXXXXX
-------------------------------------------
Notary Public in and for the State of Texas
My Commission Expires:_____________________
-------------------------------------
[SEAL] XXXXXXXX X. XXXXXXXXX
Notary Public, State of Texas
My Commission Expires 2-17-97
-------------------------------------
Page 16
STATE OF FLORIDA )
COUNTY OF DADE )
This instrument was acknowledged before me on the 14th day of January,
1994, by Xxxxx X. Xxxxxxx, President, of STATIA TERMINALS SOUTHWEST, INC., a
Texas corporation, on behalf of said corporation.
/s/ Xxxxxxxx X. Xxxx
---------------------------------------------
Notary Public in and for the State of Florida
My Commission Expires: 11/23/94
Page 17
EXHIBIT "A"
STATIA TERMINALS SOUTHWEST, INC.
METES AND BOUNDS DESCRIPTION
5.06 ACRE TRACT
December 30, 1993
BEING 5.06 Acre Tract of land, out of Share 00, Xxxxxxxx Xxxxx Xxxxx, Xxxxxxx
Xxxxxx, Xxxxx, and said 5.06 Acre Tract being more particularly described as
follows:
COMMENCING at a concrete monument found of Corps Engineers (U.S.E.D.) Station
83+500 and the North 4+50 Reference Line from the centerline of the Brownsville
Ship Channel (South Texas Coordinate System X = 2,366,382.815 and Y =
107,412.415); thence North 20 deg. 46 min. West, a distance of 30.4 feet to a
point on the approximately center of the Main Railroad Track, thence South 69
deg. 14 min. West, a distance of 984.04 feet to a point on the approximately
center of the Main Railroad Track, thence along the East line of Marine Drive
Right-of-way line, North 20 deg. 46 min. West, a distance of 335.82 feet to a
point on the fence post of an existing chain link fence for a corner of a
certain 6.36 Acre Tract, for the Southwest corner and PLACE OF BEGINNING of this
tract;
THENCE, along said East line of Marine Drive and approximately along an existing
chain link fence, North 20 deg. 46 min. 00 sec. West, a total distance of 354.18
feet to a point on the South Right-of-way line of the Xxxxx Xxxxxxx Xx. 00, for
the Northwest corner of this tract;
THENCE, along said South Right-of-way line of the Xxxxx Xxxxxxx Xx. 00, Xxxxx 00
deg. 14 min. 00 sec. East, a total distance of 622.56 feet to a point on the
Northwest corner of a certain 6.36 Acre Tract, for the Southeast corner of this
tract;
THENCE, along said West line of a certain 6.36 Acre Tract, South 20 deg. 46 min.
00 sec. West, a total distance of 354.18 feet to a point, for the Southeast
corner of this tract;
THENCE, along said North line of a certain 6.36 Acre Tract, South 69 deg. 14
min. 00 sec. West, a total distance of 622.56 feet to the PLACE OF BEGINNING,
containing 5.06 Acres of land, more or less.
