EXHIBIT 10.13
When Recorded, Return to:
Xxxxxx Operating Partnership, L.P.
X.X. Xxx 000
0000 Xxxxx Xxxx
Xxxxxxx, Xxxxx 00000
Attn: Xxx Xxxxxxxxx
-----------------------------------
SPACE ABOVE LINE FOR RECORDER'S USE
PURCHASER USE EASEMENT, INGRESS-EGRESS EASEMENT,
AND UTILITY FACILITIES EASEMENT
THIS PURCHASER USE EASEMENT, INGRESS-EGRESS EASEMENT, AND
UTILITY FACILITIES EASEMENT (this "Agreement") is made as of the ____ day of
______________, 2002, by and between Xxxxxx Gas Sales LLC, a Texas limited
liability company ("Grantor"), and Xxxxxx Operating Partnership L.P., a Delaware
limited partnership ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain land located in
or near the City of Beaumont, County of Jefferson, State of Texas more
particularly described on Exhibit A attached hereto and made a part hereof (the
"Grantor's Property") upon which or adjacent to which are located (a) the areas
and easements identified by diagonal hatching on Exhibit B attached hereto and
made a part hereof (the "Common Use Areas") and (b) additional areas and
easements which have not been identified on Exhibit B attached hereto, but which
are reasonably necessary or convenient for Grantee to have (i) access between
the Benefited Parcel (defined below) and the Common Use Areas, and (ii) access,
ingress and egress, to and from, the Common Use Areas and any and all existing
streets, roadways, rights-of-way, and highways adjacent to the Grantor's
Property (such additional areas and easements set forth in this subsection (b)
are collectively referred to hereinafter as the "Access Route"; the Access
Routes, the Common Areas and the Grantor's Property are collectively referred to
hereinafter as the "Easement Area"); and
WHEREAS, Grantee is the owner of that certain land located in
or near the City of Beaumont, County of Jefferson, State of Texas, which is more
particularly described on Exhibit C attached hereto and made a part hereof (the
"Benefited Parcel"; the Easement Area and the Benefited Parcel are collectively
referred to herein as the "Parcels" and individually as a "Parcel"); and
WHEREAS, Grantor desires to grant to Grantee, and Grantee
desires to receive from Grantor, (a) a non-exclusive easement upon, under, over,
across and along the Common Use Areas for purposes of using the Common Use Areas
and of gaining access to the Benefited Parcel therefrom, (b) a non-exclusive
easement upon, under, over, across and along the Access Routes for purposes of
gaining access, ingress and egress, to and from, the Common Use Areas and any
and all existing streets, roadways, rights-of-way, and highways adjacent to the
Grantor's Property, and (c) a non-exclusive easement in, to, under and through
the Easement Area for purposes of using, accessing, constructing, installing,
and operating certain utility facilities thereat, all upon the terms, provisions
and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of Ten and No/100 Dollars
($10.00), the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby expressly
acknowledged, Grantor and Grantee hereby agree as follows:
1. Grantor does hereby give, grant and convey to Grantee and
Grantee's agents, contractors, tenants, licensees, guests, invitees, grantees,
employees, representatives, successors (including, without limitation, any and
all successors to Grantee in title to all or any portion of the Benefited
Parcel) and assigns (collectively, the "Grantee Parties"), (a) a non-exclusive,
perpetual right and easement (which easement shall be appurtenant to the
Benefited Parcel) upon, under, over, across and along the Common Use Areas for
purposes of using the Common Use Areas and gaining access to the Benefited
Parcel therefrom, (b) a non-exclusive, perpetual right and easement (which
easement shall be appurtenant to the Benefited Parcel) upon, under, over, across
and along the Access Routes for purposes of gaining pedestrian, vehicular and
all other reasonable modes of (i) access between the Benefited Parcel and the
other Common Use Areas and (ii) access, ingress and egress, to and from, the
Common Use Areas and any and all existing streets, roadways, paths, driveways,
rights-of-way and highways adjacent to the Grantor's Property, from time to time
and at any and all times, and (c) subject to the terms of Paragraph 3 below, a
non-exclusive, perpetual right and easement (which easement shall be appurtenant
to the Benefited Parcel) upon, over, under, through, across and along the
Easement Area for purposes of using, accessing, constructing, placing,
installing, maintaining, repairing, replacing, inspecting, patrolling, renewing,
and operating, from time to time (and for the purposes of causing or permitting
any third party to take any or all of the foregoing actions from time to time)
on, under and through the Easement Area, gas, telephone, telecommunications,
water, sanitary sewer and other utility lines, switchboxes, cables, wires and
other associated fixtures, equipment and facilities (collectively, the "Grantee
Utility Facilities"), in order to provide the Benefited Parcel and the Common
Use Areas with utility services, and in connection with the Grantee Parties'
exercise of the rights set forth in this clause (c), the right to enter upon the
Easement Area for such purposes. Except as specifically set forth herein, each
and all of the rights, privileges and easements conferred upon the Grantee
Parties pursuant to this Agreement may be exercised by the Grantee Parties from
time to time and at any time without any notice (prior or subsequent) to
Grantor.
2. In the event that an emergency, hazardous condition or
other event beyond the reasonable control of Grantee shall from time to time
occur (including, without limitation, strikes, acts of god and actions of law
enforcement authorities) which results in the full or partial closure of (a) the
Access Routes (or any portion thereof) or (b) the Common Use Areas' roadways,
paths, driveways, rights-of-way or other areas (or any portion thereof) used by
the Grantee Parties for access between, among, to, and from the Common Use Areas
and the Benefited Parcel, then (in addition to, and not in lieu of, the Grantee
Parties' rights and easements described in Paragraph 1 above), the Grantee
Parties shall have the right, during the continuance of any such closure, to
gain emergency pedestrian, vehicular and all other reasonable modes of access,
ingress and egress, over any portion of the Grantors Property as required by
Grantee to gain access to and use of the Benefited Parcel and the Common Use
Areas. Such right to access, ingress and egress, may be exercised by Grantee
without prior notice to Grantor, but shall be exercised in a manner that creates
and allows only minimal interference with Grantor's operations conducted on the
Grantor's Property.
3. In connection with the exercise by the Grantee Parties of
their rights and easements under clause (c) of the first sentence of Paragraph 1
of this Agreement, Grantee shall provide Grantor with at least fifteen (15) days
advance notice of any proposed construction, placement and installation of
Grantee Utility Facilities, and the construction, placement and installation of
the Grantee Utility Facilities shall not unreasonably interfere with Grantor's
use, occupancy and operation of the Grantor's Property. Grantor acknowledges and
agrees that any Grantee Utility Facilities may be owned and/or operated by third
parties (and not by Grantee), and that (in addition to, and not in lieu of, the
other
2
rights conferred upon Grantee pursuant to this Agreement), Grantee shall have
the right to confer upon any such third parties any or all of the rights to
which Grantee is entitled under clause (c) of the first sentence of Paragraph 1
of this Agreement, which rights shall be exercised in accordance with and
subject to the terms of this Agreement as if such third party were Grantee
hereunder. Grantee shall be responsible for maintaining any Grantee Utility
Facilities, at its sole cost and expense, subject to the terms set forth in
Paragraph 4 below.
4. The parties hereby agree and acknowledge that the Easement
Area (including the Benefited Parcel) shall be staffed, kept, maintained and
repaired in accordance with the terms of that certain Omnibus Agreement of even
date herewith, by and between Xxxxxx Resource Management Corporation, Xxxxxx
Midstream GP, LLC, Xxxxxx Midstream Partners L.P., and Grantee (the "Omnibus
Agreement"), for so long as the Omnibus Agreement is in full force and effect
according to its express terms and conditions. Upon the expiration or earlier
termination of the Ominbus Agreement, the maintenance and repair obligations set
forth therein shall automatically terminate and expire, and have no further
force or effect with respect to the Easement Area. Upon such expiration or
earlier termination, Grantor shall thereafter be obligated to maintain and
repair the Easement Area and keep the Easement Area in good repair and condition
in a manner reasonably similar to that provided for under the Omnibus Agreement;
provided, however, Grantor shall have no obligation whatsoever to staff or
provide employees to operate the improvements on the Benefited Parcel after the
expiration or earlier termination of the Omnibus Agreement. The foregoing
obligation of Grantor to maintain and repair the Easement Area following the
expiration or termination of the Omnibus Agreement shall be a covenant running
with the land after such expiration or earlier termination of the Omnibus
Agreement.
5. Grantor, at Grantor's sole cost and expense, shall have the
right from time to time (but no more frequently than once within any three (3)
year period) to relocate the Common Use Areas to an alternative location on the
Grantor's Property which is acceptable to Grantee; provided, that (a) Grantor
shall have delivered to Grantee at least thirty (30) days' advance notice of any
such relocation (which notice shall designate with specificity the proposed
alternative location of the Common Use Areas), (b) such relocation shall not
materially impair (or make more expensive or more burdensome) any of the rights
of use or access granted upon the Grantee Parties hereunder, (c) at all times
during the period of time required in order to effect such relocation, the
Grantee Parties shall have pedestrian, vehicular and other reasonable modes of
access, ingress and egress, on and over the Easement Area or an alternative
location reasonably designated by Grantor on and over the Grantor's Property
between and among the Benefited Parcel and the Common Use Areas and to and from
the Benefited Parcel and the Common Use Areas and all streets, roadways, paths,
driveways, rights-of-way and highways adjacent to the Easement Area or such
alternative location, (d) the physical condition and condition of title of the
relocated Common Use Areas shall be reasonably acceptable to Grantee, and (e)
promptly following any such relocation, Grantor shall, if Grantee so requests,
execute and record with the County recorder's office an instrument reasonably
acceptable to Grantee designating such new location.
6. The terms, conditions, rights and easements contained
herein shall be covenants running with the land and shall be perpetual. This
Agreement shall be recorded, and the terms and conditions contained herein shall
bind, inure to the benefit of, and be enforceable by, the parties hereto and
their respective successors and assigns (including, without limitation, the
respective successors in title to Grantee and Grantor to the Benefited Parcel
and Easement Area).
7. Whenever notice is required to be given pursuant to this
Agreement, the same shall be either personally delivered, sent by a nationally
recognized overnight delivery service, postage prepaid, or sent via United
States certified mail, return receipt requested, postage prepaid, and addressed
to the parties at their respective addressed as follows:
3
(a) If to Grantor: Xxxxxx Gas Sales, LLC
X.X. Xxx 000
0000 Xxxxx Xxxx
Xxxxxxx, Xxxxx 00000
Fax: 000.000.0000
Attn: Xxxxx X. Xxxxxx, III
(b) If to Grantee: Xxxxxx Operating Partnership, L.P.
X.X. Xxx 000
0000 Xxxxx Xxxx
Xxxxxxx, Xxxxx 00000
Fax: 000.000.0000
Attn: Xxxxx X. Xxxxxx, III
or such other addresses as any party, by written notice in the manner specified
above to the other party hereto, may designate from time to time. Unless
otherwise specified to the contrary in this Agreement, notice shall be deemed to
have been given on the date the notice is received, if personally delivered, on
the business day after the date the notice is properly sent, if sent by
nationally recognized overnight delivery service, or four (4) business days
after the notice is properly sent, if sent by United States certified mail.
8. If any term, provision or condition in this Agreement
shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement (or the application of such term, provision or condition to persons or
circumstances other than in respect of which it is invalid or unenforceable)
shall not be affected thereby, and each term, provision and condition of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
9. The terms and provisions of this Agreement shall be
governed by and construed in accordance with the laws of the State of Texas
applicable to a contract executed and performed in such State, without giving
effect to the conflicts of laws principles thereof.
10. The rights granted pursuant to this Agreement shall not
terminate or be in any way impaired by reason of a change of the present uses of
any Parcel of the present improvements or fixtures thereon.
11. If either of the Parcels is hereafter divided into two or
more parts by separation of ownership or lease, each portion of such Parcel
shall enjoy the benefits and be subject to the burdens, as applicable, of the
rights, easements and restrictions created hereby.
12. Either party hereto (or their respective representatives,
successors and assigns) may enforce this instrument by appropriate action and
the prevailing party in such action shall be entitled to recover as part of its
costs reasonable attorneys' fees and expenses.
13. The rule of strict construction does not apply to the
grant of easements contained herein. These grants shall be given a reasonable
construction in order that the intention of the parties to confer a commercially
useable right of enjoyment to Grantee with respect to such easements shall be
effectuated.
14. This Agreement may be executed in several counterparts,
each of which shall be deemed an original; further, the signature of the parties
hereto on this Agreement may be executed and
4
notarized on separate pages, and when attached to this Agreement shall
constitute one complete document.
15. None of the terms and provisions of this Agreement shall
be deemed to create a partnership between or among the parties hereto in their
respective businesses or otherwise, nor shall any terms or provisions of this
Agreement cause them to be considered joint venturers or members of any joint
enterprise.
16. Each party agrees that it will execute and deliver such
other documents and take such other action as may be reasonable requested by the
other party to effectuate the intention of this Agreement.
17. The parties acknowledge that the parties and their counsel
have reviewed and revised this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or
any exhibits or amendments hereto.
18. This Agreement cannot be changed orally or by course of
conduct, and no executory agreement, oral agreement or course of conduct shall
be effective to waive, change, modify or discharge it in whole or in part unless
the same is in writing and is signed by the party against whom enforcement of
any waiver, change, modification or discharge is sought.
19. Grantor and Grantee agree and acknowledge that, except as
expressly set forth herein, there are no intended third party beneficiaries of
this Agreement nor any of the rights and privileges conferred herein.
20. In the event of any assignment, transfer, conveyance or
sale, once or successively, of all of the right, title and interest of a Grantor
in and to the Easement Area, said Grantor making such assignment, transfer,
conveyance or sale shall be entirely freed and relieved of all covenants and
obligations of the Grantor hereunder accruing after the date of such assignment,
transfer, conveyance or sale, and the Grantee shall look solely to the assignee,
transferee or purchaser with respect thereof; provided, that upon such
assignment, transfer, conveyance or sale, such assignee, transferee or purchaser
shall automatically, and without the necessity of further action of any kind, be
deemed to have assumed all of Grantor's covenants and obligations hereunder
accruing after the date of such assignment, transfer, conveyance or sale. In the
event of any assignment, transfer, conveyance or sale, once or successively, of
all of the right, title and interest of a Grantee in and to the Benefited
parcel, said Grantee making such assignment, transfer, conveyance or sale shall
be entirely freed and relieved of all covenants and obligations of the Grantee
hereunder accruing after the date of such assignment, transfer, conveyance or
sale, and the Grantor shall look solely to the assignee, transferee or purchaser
with respect thereto; provided, that upon such assignment, transfer, conveyance
or sale, such assignee, transferee or purchaser shall automatically, and without
the necessity of further action of any kind, be deemed to have assumed all of
Grantee's covenants and obligations hereunder accruing after the date of such
assignment, transfer, conveyance or sale.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the date and year first above written.
GRANTOR
XXXXXX GAS SALES LLC,
a Texas limited liability company
By: Xxxxxx Resource Management Corporation,
a Texas corporation, its sole member
By:
------------------------------------------
Name: Xxxxx X. Xxxxxxxxx
Title: Chief Financial Officer
GRANTEE
XXXXXX OPERATING PARTNERSHIP L.P.,
a Delaware limited partnership
By: Xxxxxx Operating GP LLC,
a Delaware limited liability company, its general partner
By: Xxxxxx Midstream Partners L.P.,
a Delaware limited partnership, its sole member
By: Xxxxxx Midstream GP, LLC,
a Delaware limited liability company,
its general partner
By:
-------------------------------------
Name: Xxxxx X. Xxxxxx, III
Title: President
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STATE OF TEXAS )
) SS
COUNTY OF )
-----------------
I, __________________________, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that Xxxxxx X. Xxxxxxxxx, personally
known to me to be the Chief Financial Officer of Xxxxxx Resource Management
Corporation, sole member of XXXXXX GAS SALES LLC, a Texas limited liability
company, and personally known to be to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that as such President, he signed and delivered such instrument
pursuant to the authority given by such limited liability company, as his free
and voluntary act and deed, and as the free and voluntary act and deed of such
limited liability company, for the uses and purposes therein set forth.
Given under my hand and official seal this ___ day of _____, 2002.
-----------------------------------------
Notary Public
Printed Name:
----------------------------
My Commission Expires:
-------------------
STATE OF TEXAS )
) SS
COUNTY OF )
----------------
I, ____________________, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that Xxxxx X. Xxxxxx, III, personally known
to me to be the President of Xxxxxx Midstream GP, LLC, a Delaware limited
liability company and general partner of Xxxxxx Midstream Partners L.P., a
Delaware limited partnership and sole member of Xxxxxx Operating GP LLC, a
Delaware limited liability company and general partner of XXXXXX OPERATING
PARTNERSHIP L.P., a Delaware limited partnership, and personally known to be to
be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that as such President,
he signed and delivered such instrument pursuant to the authority given by such
limited liability company, as his free and voluntary act and deed, and as the
free and voluntary act and deed of such limited liability company, for the uses
and purposes therein set forth.
Given under my hand and official seal this ___ day of ______, 2002.
-----------------------------------------
Notary Public
Printed Name:
----------------------------
My Commission Expires:
-------------------
7
EXHIBIT A
THE GRANTOR'S PROPERTY
BEING an approximately 7.8158 acre tract or parcel of land out of and a part of
that certain 208.38 acre tract out of the P.H. Xxxxxxxx League, Abstract 32,
Jefferson County, Texas; which said 208.38 acre tract of land was conveyed by
Stanolind Oil Purchasing Company to Texas Gulf Sulpher Company by deed dated
June 15, 1950 recorded in volume 1597, Page 000, Xxxx Xxxxxxx, Xxxxxxxxx Xxxxxx,
Xxxxx and said 7.8158 acre tract of land being more particularly described as
follows:
Note: All bearings are based on the Northeast line of a 6.615 acre
tract described as Part 1 of Judgment No. 23421 in The State
of Texas vs. Texas Gulf Sulpher Company dated April 27, 1966
recorded in Volume 1464, Page 000, Xxxx Xxxxxxx, Xxxxxxxxx
Xxxxxx, Xxxxx as being North 38 degrees 22'00" West.
COMMENCING at an axle found at an Ell corner of said Xxxxxxxx League and said
208.38 acre tract, same being the Northwest corner of the Xxxx X. Xxxxxx League,
Abstract 55, same being the most Southerly Southeast corner o the Xxxx & Xxxxx
Xxxxxxx Survey, Abstract 435, Jefferson County, Texas and being the most
Southerly Southeast corner of a 150 acre tract as conveyed by Xxxxx XxXxxxxx
Xxxxxx, Xxxxxxx X. XxXxxxxx, Di Xxxxxx XxXxxxxx and husband, E.G. Xxxxxx, Xxxxx
XxXxxxxx Xxxx and husband, Xxxxxxx X. Xxxx, W.P.H. XxXxxxxx, Jr. and J.L.C.
McFaddin to Texas Gulf Sulpher Company by deed dated November 12, 1954 recorded
in Volume 000, Xxxx 000, Xxxx Xxxxxxx, Xxxxxxxxx Xxxxxx, Xxxxx;
Thence South 57 degrees 43'02" East a distance of 820.77 feet to a 4/8" iron rod
found at the PLACE OF BEGINNING of the tract or parcel of land herein described;
THENCE North 19 degrees 44'44" East a distance of 96.44 feet to a 5/8" iron rod
found;
THENCE North 47 degrees 09'07" East a distance of 673.89 feet to a 1/2" iron rod
found;
THENCE North 48 degrees 38'32" East a distance of 596.68 feet to a 1/2" iron rod
found;
THENCE South 45 degrees 42'21" East a distance of 87.73 feet to a 1/2" iron rod
found;
THENCE South 53 degrees 30'50" West a distance of 8.90 feet to a 1/2" iron rod
found;
THENCE South 43 degrees 50'30" East a distance of 260.00 feet to a 1/2" iron rod
found;
THENCE South 45 degrees 31'31" West a distance of 1217.60 feet to a 1/2" iron
rod found;
THENCE North 52 degrees 39'42" West a distance of 348.52 feet to the PLACE OF
BEGINNING, containing 10.6679 acres of land, more or less;
LESS AND EXCEPT THE FOLLOWING FOUR (4) PARCELS:
SAVE AND EXCEPT TRACT NO. 1:
BEING a 0.4122 acre tract or parcel of land situated in the P.H. Xxxxxxxx
League, Abstract No. 32, Jefferson County, Texas and being out of and part of
that certain called 10.6679 acre tract of land as
A-1
conveyed by Palmera Properties, Inc. to Xxxxxx Gas Sales, Inc., as recorded in
Clerk's File No. 00-0000000, Official Public Records of Real Property, Jefferson
County, Texas, said 0.4122 acre tract of land being more particularly described
as follows:
Note: All bearings are based on the most Southerly portion of the
Northwesterly line of the said 10.6679 acre Xxxxxx Gas Sales,
Inc. tract as NORTH 19 degrees 44'40" EAST as recorded in the
above referenced deed.
COMMENCING at a 5/8" iron rod found for the most Westerly corner of the said
10.6679 acre Xxxxxx Gas Sales, Inc. tract, said corner also being the POINT OF
BEGINNING of the said 10.6679 acre tract as described in the above referenced
deed;
THENCE SOUTH 52 degrees 39'42" EAST, along and with the Southwesterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 348.52
feet to a point, said point being the most Southerly corner of the said 10.6679
acre Xxxxxx Gas Sales, Inc. tract;
THENCE NORTH 45 degrees 31'31" EAST, along and with the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 366.26
feet to a point;
THENCE NORTH 44 degrees 28'29" WEST, perpendicular to the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 39.68 feet
to the POINT OF BEGINNING of the tract herein described;
THENCE NORTH 44 degrees 28'29" WEST, for a distance of 134.00 feet to a point
for corner;
THENCE NORTH 45 degrees 31'31" EAST, for a distance of 134.00 feet to a point
for corner;
THENCE SOUTH 44 degrees 28'29" EAST, for a distance of 134.00 feet to a point
for corner;
THENCE SOUTH 45 degrees 31'31" WEST, for a distance of 134.00 feet to the POINT
OF BEGINNING and containing 0.4122 ACRES, more or less.
SAVE AND EXCEPT TRACT NO. 2:
BEING a 0.7638 acre tract or parcel of land situated in the P.H. Xxxxxxxx
League, Abstract No. 32, Jefferson County, Texas and being out of and part of
that certain called 10.6679 acre tract of land as conveyed by Palmera
Properties, Inc. to Xxxxxx Gas Sales, Inc., as recorded in Clerk's File No.
00-0000000, Official Public Records of Real Property, Jefferson County, Texas,
said 0.4122 acre tract of land being more particularly described as follows:
Note: All bearings are based on the most Southerly portion of the
Northwesterly line of the said 10.6679 acre Xxxxxx Gas Sales,
Inc. tract as NORTH 19 degrees 44'40" EAST as recorded in the
above referenced deed.
COMMENCING at a 5/8" iron rod found for the most Westerly corner of the said
10.6679 acre Xxxxxx Gas Sales, Inc. tract, said corner also being the POINT OF
BEGINNING of the said 10.6679 acre tract as described in the above referenced
deed;
A-2
THENCE SOUTH 52 degrees 39'42" EAST, along and with the Southwesterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 348.52
feet to a point, said point being the most Southerly corner of the said 10.6679
acre Xxxxxx Gas Sales, Inc. tract;
THENCE NORTH 45 degrees 31'31" EAST, along and with the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 273.62
feet to a point;
THENCE NORTH 44 degrees 28'28" WEST, perpendicular to the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 173.68
feet to a 5/8" iron rod set for corner and the POINT OF BEGINNING of the tract
herein described;
THENCE NORTH 44 degrees 28'29" WEST, for a distance of 101.71 feet to a 5/8"
iron rod set for corner;
THENCE NORTH 05 degrees 38'50" EAST, for a distance of 49.78 feet to a 5/8" iron
rod set for corner;
THENCE NORTH 45 degrees 31'31" EAST, for a distance of 221.41 feet to a 5/8"
iron rod set for corner;
THENCE SOUTH 44 degrees 28'29" EAST, for a distance of 86.45 feet to a 5/8" iron
rod set for corner;
THENCE SOUTH 10 degrees 38'31" EAST, for a distance of 59.22 feet to a 5/8" iron
rod set for corner;
THENCE SOUTH 45 degrees 31'31" WEST, for a distance of 226.64 feet to the POINT
OF BEGINNING and containing 0.7638 ACRES, more or less.
SAVE AND EXCEPT TRACT NO. 3:
BEING a 0.0275 acre tract or parcel of land situated in the he P.H. Xxxxxxxx
League, Abstract No. 32, Jefferson County, Texas and being out of and part of
that certain called 10.6679 acre tract of land as conveyed by Palmera
Properties, Inc. to Xxxxxx Gas Sales, Inc. as recorded in Clerk's File No.
00-0000000, Official Public Records of Real Property of Jefferson County, Texas,
said 0.0275 acre tract of land being more particularly described as follows:
COMMENCING at a 5/8" iron rod found for the most Westerly corner of the said
10.6679 acre Xxxxxx Gas Sales, Inc. tract, said corner also being the POINT OF
BEGINNING of the said 10.6679 acre tract as described in the above referenced
deed;
THENCE South 52 degrees 39' 42" East, along and with the Southwesterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 348.52
feet to a point, said point being the most Southerly corner of the said 10.6679
acre Xxxxxx Gas Sales, Inc. tract;
THENCE North 45 degrees 31' 31" East, along and with the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 636.95
feet to a point;
THENCE North 44 degrees 28' 29" West, perpendicular to the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 288.19
feet to a 5/8" iron rod set for the POINT OF BEGINNING of the tract herein
described;
THENCE North 23 degrees 39' 14" West, for a distance of 44.00 feet to a 5/8"
iron rod set for corner;
THENCE North 65 degrees 57' 58" East, for a distance of 27.13 feet to a 5/8"
iron rod set for corner;
A-3
THENCE South 23 degrees 51' 08" East, for a distance of 44.19 feet to a "X"
scribed in concrete set for corner;
THENCE South 66 degrees 22' 28" West, for a distance of 27.28 feet to the POINT
OF BEGINNING and containing 0.0275 acres, more or less.
SAVE AND EXCEPT TRACT NO. 4:
BEING a 1.6486 acre tract or parcel of land situated in the P.H. Xxxxxxxx
League, Abstract No. 32, Jefferson County, Texas and being out of and part of
that certain called 10.6679 acre tract of land as conveyed by Palmera
Properties, Inc. to Xxxxxx Gas Sales, Inc. as recorded in Clerk's File No.
00-0000000, Official Public Records of Real Property of Jefferson County, Texas,
said 1.6486 acre tract of land being more particularly described as follows:
COMMENCING at a 5/8" iron rod found for the most Westerly corner of the said
10.6679 acre Xxxxxx Gas Sales, Inc. tract, said corner also being the POINT OF
BEGINNING of the said 10.6679 acre tract as described in the above-referenced
deed;
THENCE South 52 degrees 39' 42" East, along and with the Southwesterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 348.52
feet to a point said point being the most Southerly corner of the said 10.6679
acre Xxxxxx Gas Sales, Inc. tract;
THENCE North 45 degrees 31' 31" East, along and with the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 832.40
feet to a point;
THENCE North 44 degrees 28' 29" West, perpendicular to the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 46.91 feet
to a 5/8" iron rod set for the POINT OF BEGINNING of the tract herein described;
THENCE North 44 degrees 35' 42" West, for a distance of 224.99 feet to a 5/8"
iron rod set for corner;
THENCE North 47 degrees 14' 25" East, for a distance of 251.54 feet to a 5/8"
iron rod set for corner;
THENCE South 87 degrees 00' 50" East, for a distance of 83.91 feet to a 5/8"
iron rod set for corner;
THENCE North 44 degrees 14' 22" East, for a distance of 42.38 feet to a "X"
scribed in concrete set for corner;
THENCE South 43 degrees 16' 43" East, for a distance of 141.35 feet to a 5/8"
iron rod set for corner;
THENCE South 45 degrees 48' 37" West, for a distance of 39.11 feet to a 5/8"
iron rod set for corner;
THENCE South 44 degrees 34' 25" East, for a distance of 14.83 feet to a 5/8"
iron rod set for corner;
THENCE South 45 degrees 24' 30" West, for a distance of 308.02 feet to the POINT
OF BEGINNING and containing 1.6486 acres, more or less;
LEAVING A TOTAL GROSS ACREAGE OF 7.8158 ACRES, MORE OR LESS.
A-4
EXHIBIT B
COMMON USE AREAS
See attached.
B-1
EXHIBIT C
BENEFITED PARCEL
Legal Description: 0.7638 Acre Tract or Parcel of Land
P.H. Xxxxxxxx League, Abstract No. 32
Jefferson County, Texas
BEING a 0.7638 acre tract or parcel of land situated in the P.H. Xxxxxxxx
League, Abstract No. 32, Jefferson County, Texas and being out of and part of
that certain called 10.6679 acre tract of land as conveyed by Palmera
Properties, Inc. to Xxxxxx Gas Sales, Inc., as recorded in Clerk's File No.
00-0000000, Official Public Records of Real Property, Jefferson County, Texas,
said 0.4122 acre tract of land being more particularly described as follows:
Note: All bearings are based on the most Southerly portion of the
Northwesterly line of the said 10.6679 acre Xxxxxx Gas Sales,
Inc. tract as NORTH 19 degrees 44'40" EAST as recorded in the
above referenced deed.
COMMENCING at a 5/8" iron rod found for the most Westerly corner of the said
10.6679 acre Xxxxxx Gas Sales, Inc. tract, said corner also being the POINT OF
BEGINNING of the said 10.6679 acre tract as described in the above referenced
deed;
THENCE SOUTH 52 degrees 39'42" EAST, along and with the Southwesterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 348.52
feet to a point, said point being the most Southerly corner of the said 10.6679
acre Xxxxxx Gas Sales, Inc. tract;
THENCE NORTH 45 degrees 31'31" EAST, along and with the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 273.62
feet to a point;
THENCE NORTH 44 degrees 28'28" WEST, perpendicular to the Southeasterly line of
the said 10.6679 acre Xxxxxx Gas Sales, Inc. tract, for a distance of 173.68
feet to a 5/8" iron rod set for corner and the POINT OF BEGINNING of the tract
herein described;
THENCE NORTH 44 degrees 28'29" WEST, for a distance of 101.71 feet to a 5/8"
iron rod set for corner;
THENCE NORTH 05 degrees 38'50" EAST, for a distance of 49.78 feet to a 5/8" iron
rod set for corner;
THENCE NORTH 45 degrees 31'31" EAST, for a distance of 221.41 feet to a 5/8"
iron rod set for corner;
THENCE SOUTH 44 degrees 28'29" EAST, for a distance of 86.45 feet to a 5/8" iron
rod set for corner;
THENCE SOUTH 10 degrees 38'31" EAST, for a distance of 59.22 feet to a 5/8" iron
rod set for corner;
THENCE SOUTH 45 degrees 31'31" WEST, for a distance of 226.64 feet to the POINT
OF BEGINNING and containing 0.7638 ACRES, more or less.
C-1
