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COy 2011010070 

6 PGS 

RESTRICTIVE COVENANT 

STATE OF TEXAS § 

§ 

COUNTY OF JEFFERSON § 

This Restrictive Covenant is filed to provide information concerning certain environmental 

conditions and use limitations pursuant to the Texas Commission on Environmental Quality (TCEQ) 

Texas Risk Reduction Program Rule (TRRP) found at 30 Texas Administrative Code (TAC), 

Chapter 350, and affects the real property (Property) described in Exhibit A, attached hereto and 

incorporated herein by reference, being the same 8.926 acre tract of land, more or less, described 

in the Deed Without Warranty from Birch Trust to Golden Triangle Maritime, LLC (nlk/a NBR 

Maritime I, LLC), recorded on January 17,2007, as instrument number 2007002282, Official Public 

Records, County Clerk, Jefferson County, Texas. 

Portions ofthe soils and groundwater ofthe Property contain certain identified chemicals of concern 

causing the Property to be considered an Affected Property as that term is defined in the TRRP. 

This Restrictive Covenant is required for the following reasons: 

The Property currently meets TRRP standards for commercial / industrial use. Based on the reports, 

the chemicals of concern pose no significant present or future risk to humans or the environment 

based on .commercial / industrial land use. No further remediation of the Property is required by the 

TCEQ as long as the Property is not to be used for residential purposes. If any person desires in the 

future to use the Property for residential purposes, the TCEQ must be notified at least 60 days in 

advance of such use and additional response actions may be necessary before the Property may be 

used for residential purposes. Persons contemplating a change in land use for the Property are 

encouraged to review the definitions for commercial/industrial and residential land use contained 

in TRRP as the definition of residential land use is broad. 

As of the date of this Restrictive Covenant, the record owner of fee title to the Property is NBR 

Maritime I, LLC (f/k/a Golden Triangle Maritime, LLC) (Owner) with an address of 12977 US 

Highway 84 West, Rusk, Texas 75785. 

In consideration of the Response Actions by NBRMaritime I, LLC (flkla Golden Triangle Maritime, 

LLC) (Responder), approval of the Response Action Completion Report, and other good and 

valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner has 

agreed to place the following restrictions on the Property in favor of the TCEQ and the State of 

Texas, to-wit: 

1. The Property shall not be used for any purposes other than commercial/industrial 

uses, as defined in30 Texas Administrative Code, Chapter 350, Section 350.4(a)(13). 

2. These restrictions shall be a covenant running with the land. 

Restrictive Covenant - Page 1 
For additional information, contact: 

TCEQ Mail: TCEQ - MC 199 

Central Records 

12100 Park 35 Circle, 

Building E 

Austin, Texas 78753 

POBox 13087 

Austin, Texas 78711-3087 

TCEQ Program and Identifier Nos.: Superfund SUP133 - Palmer Barge Lines. 

This Restrictive Covenant may be rendered of no further force or effect only by a release executed 

by the TCEQ or its successor agencies and filed in the same Real Property Records as those in which 

this Restrictive Covenant is filed. 

Executed this ~ day of M..a~ , 2011. 

STATE OF TEXAS 

COUNTY OF CHEROKEE 

NBR Maritime I, LLC 

anager of 

New Birming am Resources, LLC, 

Manager ofNBR Maritime I, LLC 

BEFORE ME, on this the ~ day of ~~ c{A., , 2011, personally appeared David 

Durrett, Manager of New Birmingham Resources, LLC, Manager ofNBR Maritime I, LLC, known 

to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged 

to me that he executed the same for the purposes and consideration therein expressed. 

u",-",?IVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of 

-=.r----=--=--'JAI,n..NV--=--___ :, 2011. 

··~-·*·······**···**··*·*····*·····*I "~~~" JUDITH RICHBOURG·CARNES f~~/f.,: Notary Public 

. \~:.]:Jft(.:~J STATE OF TEXAS 

. "~i~ My Comm. Exp. 07/01/2013 •• ~~ •••• ~ •••• ¥ •• " ••••••• 4 ••••••••••• 

Notary Public, State of Texas \ 

MyCommission Expires: 1-{x\~O\b , 

Restrictive Covenant - Page 2 
Accepted as Third Party Beneficiary this I ~ day of fV\a.vvk ,2011. 

Texas Commission on Environmental Quality 

Name: 

By: £j~ Brent Wade 

Title: Director, Remediation Division 

STATE OF TEXAS 

COUNTY OF TRAVIS 

BEFORE ME, on this the ~ day of Harm ,2011, personally appeared Brent 

Wade, Director of the Remediation Division of the Texas Commission on Environmental Quality, 

known to me to be the person whose name is subscribed to the foregoing instrument, and they 

acknowledged to me that they executed the same for the purposes and in the capacity herein 

expressed. 

~N UNDER MY HAND AND SEAL OF OFFICE, this the I ~ day of 

---'-~-===---=....::....-_, 2011. ~ 

Notary without Bond 

After Recording Return a Certified Copy To: 

TCEQ-MC199 

POBox 13087 

Austin, Texas 78711-3087 

Restrictive Covenant - Page 3 

otary 

~fJAD~ Public, State of Texas . 

My Commission Expires: O~.-t:6>dOl3 ( 
i -

I 

EX. A TO RESTRICTIVE COVENANT 

8.926 ACRE TRACT 

EXHIBIT A TO RESTRICTIVE COVENANT 

8.926 ACRE TRACT 

PAGE 1 OF2 

BEING 8.926 (Called 8.902) acres of land and water out of and a part of what is cominonJy 

referred to as Pleasure Islet and being part of Tract 2, out of that certain (Called 92.563) acre 

tract of land conveyed to. Pleasure Islet Associates. duly authorized by Resolution No. 81-188, 

dated July 13, 1981, of the City Council of the City .ofPort Arthur, and being out of that certain 

. (Called 1877.94) acre tract of land conveyed to the City of Port Arthur, Texas, by patent, 

recorded in Volume 1014. Page 476. Deed Records, Jefferson County. Texas; being the same 

tract of land and water des'cribed in Correction Deed of Trust. recorded in File No. 2004048756, 

Official Public Records of Real Property, Jefferson Counly. Texas; said 8.926 acre tract being 

more fully described by metes and bounds as follows. to wit: 

COMMENCING at a "MAG" nail set for the Southwest corner of Tract 3 of the (Called 

92.563) acre tract; 

THENCE, North 27 deg., 46 min., 52 sec., East, a distance of 800.00' to a "MAG" nail set for a 

common comer of said Tracts 2 and 3; continuing for a total distance of 1502.39' to a "MAG'; 

nail set for the POINT OF BEGINNING and Southwest corner of the herein described tract; 

from which a W' steel rod found for reference point. bears North 62 deg .. 13 min., 00 sec., West. 

a distance of 30.00' 

THENCE, North 32 deg., 07 min., 44 sec., East, a distance of 382.80'. passing a Yi" steel rod 

found for reference point; continuing for a total distance of 677.37' (Called 674.42') to a W' 

steel rod found for the Northwest comer of said Tract 2 and the Northwest comer of the herein 

described tract; 

THENCE, South 50 deg., 52 min., 58 sec., East, on the North line of said Tract 2, a distance of 

396.02' to a Yz" steel rod set. 'capped, and marked "SOUTEX" f(lr the Northeast comer of said 

Tract 2 and the Northeast comer of the herein described tract; 

THENCE, South 20 deg., 40 min., 04 sec ..• West, a distance of 196.56' to a W' steel rod set, 

capped, and marked "SOUTEX" for corner; 

THENCE, North 71 deg., 3S min., 34 sec., West, a distance of 73.64' (Called 72.68') to a W' 

steel rod set, capped, and marked "SOUTEX" for comer; 

THENCE, South 13 deg.,04 min., 15 sec., West, a distance of73~10' (Called70.2T) to a point 

for comer in the water; . 

TllEN~~;S()utb 72 deg., 32 min., 42 sec .. East, a distance ofl43.67' t.o a point far comer in the 

water; 

THENCE, South 21 deg .. 17 min .. 08 sec .. West. adistance of o24A6· to a point for comer in 

the water; said poin~ for corner being the Southeast comer of the herein described trdct; 

THENCE, North 36 deg .• 24 min., 07 sec., West, a distance of51.53· to a W' steel rod sel, 

capped, and marked "SOUTEX" for an angle point on the South line of the herein described 

tract; 

THENCE, North 38 °deg., 32 min., 09 sec.~ West, a distance of 628.43' to the POINT OF 

BEGINNING and containing 8.926 acres ofland, more or less. 

, i 
IMPROVED UNRESTRICTED PUBLIC ROAD p~¥:t. lfo~ POlNT OF COMMENCING~ . SET "!.lAG' NAll. ____ ~ ~T) 

- - - ...§g.~~ T - - - - - - - - ~c;;- - -.-:. - - - ...... tP:Z.~~·~E-..!.50~'+ _______ ----;-o---W ____ ~6..~~30.~ 

I I ~~~:S;;;;;:~~~~~;~~~tr 1 

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I I 

SEINC S.9~B (Celle<l a.90~) <le.e~ of I...,~ o~d we!e. oul .. r Oftc! .. pori of wnol i. 

co,"," .. "ly referrM to es Pleoouro Islet c~d bel"9 port of Troet 2. out or thot certoln 

(CcIIM 92.~63) oere troet ':'1 land cor'~l"Id to PllICsure Islet ~.o<:iot •• , d41ly oulnoriZM by F1e""lution No. 81-188, daled July ~.:s, 1981, of the City Council 01 tho City of Pot\ 

Arthur. end b.l1n9 out of that c«toin ~Ccllled 18".94) ocre trgel of lend eo~V<l)'Cd 10 the Cltyot Pcrt Arthur. Te>:C3, ~ypotetlt. ,,,,, .. r<locl In Volume 1014. P .. " .. 476, ~eM Record., 

~~~,:n T~~tr~:~:~: ~e~l~ ;:':. 2~~:o~ik~'6~?~o~~~~tifc:~~~~~d 1'1';01 Correctio~ Preperly, Jeffe"cn County, Te>«ls: ~eld 8.926 cere troet .~in~ mere fully described by m"t"s ""~ beundS oS r.slews. to wtt: 

COMMENCING 0\ c "MAG" noil ""I for thc S""thwes\ corner of Troct 3 01 th" (Coiled 

92.5SZ) ecre trocl; 

THENCE, North 27 d"9" 48 min •• S2 '« .. Ec.L 0 dr:.toncc of 800.00' Ie c "MAC;" noil .et for 0 common comer of sold Troci. 2 ond ~; continuin~ for a ~loI di'lance 01 1502,~9' 

to C "MAG" Mil ~el fer tM POINT OF' BEGINNING end Soutnw~.t corner of Ih" 

herein ~t5crlb&<:l troct: from which 0 ,:" .Iotel red found for relorenc .. point. '"ors North 

62 <loq .. "13 min .. OO~e .. Wnt." dt.lcncc 01 30.00': 

THENCE. Norih 32 deq .. 07 m"'., 44 .~, Eest. a dl.lance 01 3&2,80' ~o"lnq a lfM .t"011 

red r""nd lor ,eferenco ~olnt: cQnttnuinq lor a 10tOI distance 01 677,37' (Called S74.~:n 

too If".leol rOd/""nd lor the North ... est COrn.,.. of sold Troot2 ond the Nor\lIw.stcorner ofU'eh .... ind.seri.edtroct: 

THENCE. S""th 50 c!o9,,52min .. 58.~.E<lst.on the North line of seid T'OCI2, e d;sle~c<: gf ~96.02· \0 e )5" ~tcol rOod :;eL ~epp.d. and mor"ed 'SOUTEx" for the Nortnen~t comer ef =eld Treet 2 end the Nerthea,t ~em~r of the herein de..erlbO'd treel,: 

THENCE, SOUth 20 de" .• 40 mirl., 04 ''!C.. West. Q cri~tQnc. 01 19S.56· to c"· steel red 

:01. ecp~ed, end mc,l<ed 'SOUTEX" 10' corner. 

THENCE. North 71 dG .... ::;5 mln~ J.4 ~QC .. West.. c <!tstonc<o ef 73.60;·' (Cell~d 72.SB·) to 

c]f" sl~1 red set. eop~ed. ond mco1o:~d "SOI.iT"EX" fer c",ner. 

THENCE. Soulh t~ de" .. 04- min .. 15 3~C" W"'t. a dl.tone<!! of 73.10' (Celled 70.27,) to opo",t!or.",n ... int"e.,ot"" 

THENCE. S""th 72 deg .. 32 min .• 42 :00 .. East.. a di,ten:. of 143,67' to" ~o;nt Ie:wcomer in the w<lter: 

THENCE. S""th 21 dog •• 17 min .• 08 '"c .. W ... L '" di=lonC<!l e! 624,46' \0 0 ~oi"\ fer ceme' In the weter: :laId point !~ comer Min" Ihe Soulheo~t eor" ... of the herein de:lOr~ed traet: 

THENCE. North ~S deg •• 24 min .• 07 "'"c., WesL 0 dl.lan .... of 51,$J' la,,)5" 'IMI rod 

soL <:a~ped. ond marked "SOUTtX' fOI on ""91e ~IM on the South line of the herein de,.:r:t>O<ltroct: 

THENCE. North 38 de ... , 32 min .. 09 ""c. Wet. 0 disten .... ot Sze.43' \0 the POiNT or 8ECINNlN"ondcontolnln"8.92Socr,,soflcnd,moreorl.~ 

Thi. cre::crtp\ion i: .""cd on the Lend nUe Su,,",ymcde by Arlthony 1.1. Logor. 1'Ie-qlsteredProfe •• lQneILoMSu<V<!)IOl'No.5481.onOc\ober9,2006. 

FEMA Flood Zone:..Aa.. 

Communily PaneJ NO.: 

48540 9-0020-E 

---

SOUTEX 

SURVEYORS IN"C. 3737 DOCTORS DRIVE 

PORT ARTHUR. TEXAS 77642 

(409) 983-2004 (409) 983-2005 

SURVEYORS NOTES 

1. BEARINGS. DISTANCES. AND ACREAGE SHOWN 

ARE BASED ON STATE PLANE COORDINATE GRID 

SYSTEM. TEXAS SOUTH-CENTRAl. ZONE, NAD83 

SCAl.E FACTOR = 0.999922310 

CONVERGENCE: 2".:sf 01" 

f~ 

t" 

f 

LINE BEARING 

" N 7"3~'~4" W 

L2 S 13"04"5" W 

" S 72'32'42" E 

N 36"24'07" W 

/ 

/' 

J 

/ 

\ 

) 

DISTANCE 

73,64' 

7:3.10' 

14:3.67' 

51.5;)' 

CALLED 

72.66' 

70.27' 

SHEET TIlLE PROJECT NO: 06-1295 

~!~~ ~~~~~~~s~~~i)tS~~~~'~ ;~NgO:~DA:~~: SCALE: 1" = 100' 

VOL. 1014. PG. 476, DEED RECORDS PRINT DATE: 10/4/06 

f-:=====J=EF="=RS:O~N~C~OU~N~TY:. :TE:X:AS====~ DRAWN BY: JOH t- PROJECT CHECKED BY: BL 

GOLDEN TRIANGLE MARITIME, l.LC. APPROVED BY: AMl. 

SHEET 1 OF 1 
FILED AND RECORDED 

OFFICIAL PUBLIC RECORDS 

2011 Mar 25, 10:44 AM 

PEVETO: $32.00 

2011010070 

CAROLYN L. GUIDRY, COUNTY CLERK 

JEFFERSON COUNTY, TEXAS 

PART OF FOREGOING 

INSTRUMENT ILLEGIBLE 

AT TIME OF FILING