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COy 2011010069 

7 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 1.395 acre tract ofland, more or less, described in the 

General Warranty Deed from Andrew Michael Slay Trust, et al., to NBR Maritime II, LLC, recorded 

on July 15, 2010, as File No. 2010026005, Official Public Records, County Clerk, Jefferson County, 

Texas. 

Portions of the soils and groundwater of the 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 ofthe 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 II, LLC (Owner) with an address of 12977 US Highway 84 West, Rusk, Texas 75785. 

In consideration of the Response Actions by NBR Maritime II, LLC (Responder), approval ofthe 

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 in 30 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 
F or additional information, contact: 

TCEQ Mail: TCEQ - MC 199 

Central Records 

12100 Park 35 Circle, 

Building E 

Austin, Texas 78753 

TCEQ Program and Identifier Nos.: 

POBox 13087 

Austin, Texas 78711-3087 

1. Superfund SUP036 - State Marine of Port Arthur 

2. 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 ~t4.. day of tv\an.ltv ,2011. 

STATE OF TEXAS 

COUNTY OF CHEROKEE 

NBR Maritime II, LLC 

By: k David 

o~ D , ~ Manager of ~ New Birmingham Resources, LLC, 

Manager ofNBR Maritime II, LLC 

BEFORE ME, on this the ~rtL day of ~t1Yc\v ,2011, personally appeared David 

Durrett, Manager ofN ew Birmingham Resources, LLC, Manager ofNBR Maritime II, 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. 

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3tJ V\rLt"Ctv , 2011. --

day of 

Notary Public, State of Texas 

My Commission Expires: ~\\)l ~D'~ 

Restrictive Covenant - Page 2 
Accepted as Third Party Beneficiary this 1 8 day of &~ , 2011. 

Title: Director, Remediation Division 

STATE OF TEXAS 

COUNTY OF TRAVIS 

BEFORE ME, on this the }~ day of Uo-rc.,h ,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. 

\ J .... 5J;~VEN UNDER MY HAND 

_~~"-=-=ICVl-=--_,, 2011. 

Notary without Bond 

AND SEAL OF OFFICE, this the l ~ day of 

~~ My Commission Expires: D;}--D5 -JDl3 

After Recording Return a Certified Copy To: 

TCEQ - Me 199 

POBox 13087 

Austin, Texas 78711-3087 

Restrictive Covenant - Page 3 
EXHIBIT A TO RESTRICTIVE COVENANT - Page 1 of 3 

1.395 ACRE TRACT 

BEING 1.395 acres ofland and water out of and a part of what is commonly referred to as Pleasure 

Islet; being part of Tract 2,3, and 6 out of that certain (Called 92.563) acre tract ofland conveyed 

to Pleasure Islet Associates, duly authorized by Resolution No. 81-188 dated July 13, 1981, ofthe 

City Council, City of Port Arthur; and being out of that certain (Called 1877~94) acre tract ofland 

conveyed to the City of Port Arthur, Texas, by patent recorded in Volume 1014, Page 476, Deed 

Records, Jefferson County, Texas; said 1.395 acre tract being more fully described by metes and 

bounds as follows, to wit: 

BEGINNING at a MAG nail found for a common comer of Tracts 6 and 7 on the apparent 

centerline of an improved, unrestricted public used roadway known as Old Yacht Club Road; said 

MAG nail being the Northwest comer of a tract ofland conveyed to Pleasure Islet, LLC, recorded 

in File No. 9533086, Official Public Records, Jefferson County, Texas, and the Southwest comer 

of a (Called 24.178) acre tract of land and water conveyed to NBR Maritime II, LLC, recorded in 

File No. 2008020974, Official Public Records, Jefferson County, Texas; 

THENCE, South 88 deg., 31 min., 53 sec., East, on the common line of said Tracts 6 and 7 and the 

South line of the (Called 24.178) acre tract, a distance of30.00' passing a Yz" steel rod found on the 

apparent East right of way line of said Old Yacht Club Road, having a State Plane Coordinate of 

North: 13931816.83, East: 3595015.36; continuing a distance of 280.41' passing a Yz" steel rod, 

capped and marked "SOUTEX", found for reference point; continuing for a total distance on 80.41 ' 

to a point in the waters of Sabine Neches Ship Channel; said point being an angle point on the South 

line of the (Called 24.178) acre tract; 

THENCE, North 48 deg., 39 min., 56 sec., East, continuing on the South line ofthe (Called 24.178) 

acre tract, a distance of226.84' to a point for comer in the water for the POINT OF BEGINNING; 

said point for comer being the most Southerly comer of the herein described tract; 

THENCE, the following calls on the East line of the (Called 24.178) acre tract: 

North 19 deg., 33 min., 53 sec., West, a distance of 119.00' to a point for comer; 

North 06 deg., 44 min., 20 sec., East, a distance of265.15 to a point for comer; 

North 20 deg., 44 min., 06 sec., East, a distance of305.71' to a point for comer; 

North 40 deg., 05 min., 02 sec., East, a distance of 434.26' to a point for comer; 

North 82 deg., 27 min., 12 sec., East, a distance of75.04' to a point for comer; 

North 20 deg., 55 min., 14 sec., East, a distance of 31.42' to a point for comer; 

Restrictive Covenant - Page 4 
EXHIBIT A TO RESTRICTIVE COVENANT - Page 2 of 3 

1.395 ACRE TRACT (CONTINUED) 

North 18 deg., 23 min., 58 sec., East 430.85, to a point for comer being the Northeast comer of the , 

(Called 24.178) acre tract; said point for comer being the Southeast comer of a (Called 8.926) acre 

tract ofland conveyed to NBR Maritime I, LLC, recorded in File No. 2008020973, Official Public 

Records, Jefferson County, Texas; also being the most Northerly comer ofthe herein described tract; 

THENCE, South 40 deg., 34 min., 10 sec., East, a distance of 36.26' to a point for comer in the 

water of said Sabine Neches Ship Channel; 

THENCE, South 11 deg., 36 min., 28 sec., West, a distance of 186.34' to a point for comer in the 

water; 

THENCE, South 21 deg., 07 min., 59 sec., West, a distance of283.19' to a point for comer in the 

water; 

THENCE, South 82 deg., 40 min., 07 sec., West, a distance of75.06' to a point for comer in the 

water; 

THENCE, South 40 deg., 17 min., 41 sec., West, a distance of 434.25' to a point for comer; 

THENCE, South 20 deg., 59 min., 40 sec., West, a distance of316.32' to a point for comer in the 

water of said Sabine Neches. Ship Channel; 

THENCE, South 12 deg., 56 min., 01 sec., West, a distance of229.32' to a point for comeiin the 

water; 

THENCE, South 18 deg., 02 min., 07 sec., East, a distance of 113.13' to the POINT OF 

BEGINNING and containing 1.395 acres of land and water. 

Note: Bearings, distances, and acreage are based on State Plane Coordinate Grid System Texas 

South-Central Zone, NAD 83, scale factor = 0.999922310, convergence = 2 degrees, 31 min., 01 sec. 

This Description and Survey prepared by Anthony M. Leger, Registered Professional Land Surveyor 

No. 5481, on March 29,2010. 

Restrictive Covenant - Page 5 
1.J95 ACRES O' LANO AND WATER 

PART OF PLEASURE ISLET, 

CITY W PORT ARTHUft 

JEF'FERSONCOUNTY,TEXAS 

SEING 1.~9S 0"'05 of lond <md wote, CoIJI of Qnd 0 port of wkot 1$ cOnu'I,only relffred to 

os PIe(l5Ure Islel: ~eIM~ port Of iraCI 2. 3. and 6 OUI of thot ~ertoln \Colled ~2.563) aere 

IrQct 01 lend con"")'ed to PI"orure 1~let A~socicle,. duly outhor,:ed by ~e50lutoon No. 

SI-1aadet"dJulyI3,1961,,,ftheCityCouneil.CityefPortArthur;0I1d being out of thot 

c~rtain (Collod Isn.94) ocre tract oflond eonV6)'ed to tke City 01 Pori Arthur, Toxo$, \:Iy 

potent recorded in Volume 1014, Pa~e 476. Oeed R"cord.l:. Jeff"r=on C<:ynty. Texe;: sgid 

1.395 oere trocl being mere lullyd"5CriDed by mete:: ond \:Iounds os 100Ie ... , to wit: 

6EGlNNINO e: e MAG noll lound lor 0 common comer el Troets (; ond,. on the 

opporent centetline 01 on imprO""d. unre.trieted publio used rOCdwoykMwn ,,, Old 

i:c~,~o~~~ ~:r:t Ct.~~ r~~~rd~~1 l~e~~ge ~~ ~5j~o8~: O~~~I ~fu~idr~~~~~~~~~lieo~:""d 

~~~~~T~~~B~nto~~:~C~I~h~g: ~:"~:l~~fina ~C:I~~. ~~~~~~~e;!, to;~;i:,1 ~~~~c ond wale, 

Records, Jellerson County, Texc3; 

THENCE. South as de .. " 31 min •• S3 ~ec .. rast, on the cOmmon ITne 01 seld Tr~ct~ 6 ond 

7 end tho South line of the (Called 24.176) ocre trocl, e di~tence of ~o.OO' pO~5irl<; 0 3:" lIteolrec:lloundentheopporentEostrigl1tofwoylineofll(lidOldYochtClubRood, 

having 0 Stote Plene CoordlnOle 01 IJerl~: 13931816.63, Eest: 3595015.J6: eonrlnuln9 e 

dlstoneeeI260.4'·pcscln90W SINI rod. capped ondmcrked "SOUTEX.", leundfer 

refr!<'enellpeint: continuin9 lor 0 lotoldl.tonCllol3S0.41' too point Inlhowctersol 

S<ibiM<' Nech~ Ship Chonnel: Said point bolng on ongle poinl on Ine So~th line of the 

(C:llled 24.17S) ocro tract: 

THENCE, Norln 48 deg" 39 min" 56 ,ec .. Ee~t. continuin; on the South line of the 

(Coiled 24.175) acre troct, a di,!onee 0(226.84' to ° po'",! for cornr!<'.n the woter lor the 

POINT OF erCINNINO: soid point for cornff b~in9 the mO\l! Soulh~ly eor.~~r of the hereindescrlbedtrect: 

THENC£,theleliewingeellsontheEcstlineolthe(Celled24.178)ocretroc:t: 

North 19 d"9'. 33 min.. 5~ S~I:.. West, 0 distonee el 119.00' Ie 0 point for corn~r: 

North 06 d"9" 44 min" 20 ~ec" Eost, 0 distonce 01 255.15 to 0 point for corner: 

North 20 de').. 44 min" 06 see .• Eost, e distonee of 305.71' to 0 peinl for cor~er; 

Nerth 40 d\l9o, 05 min .. 02 see., EQ~t. ° distonce 01 4~4.26' 10 0 point for cerner: 

North 52 d~9" 27 min" 12 ~e=.. Eost. e dlstence 01 75.04' 10 0 poinl f~r ccrnor: 

--

Norlh 20dll9 .. 55 min .. 14 see" Eos\,(1 distonee oIJl.42· !oe point lor corn .. r; 

North IS de .. " 2~ min" sa sec" re,,! 430.135, 100 point lor comer being the Northeost 

cemer-olthe (Coiled 24.178) ceretreet: soid polnt forcorne'~in9 the Southeost comer 

010(CQlled8.926)oe'etroctofkmdcon~d tON8RMorllimel,LLC. recorded in File 

No. 2008020973, Offlciol P~bllc Records. Jelferson County, Texo,; olso ~ing the most 

Northerlycornerol!he herein descrlbedtroet: 

~H~;~o~~~I~1 ~i~e§;;b~ ~~e!O s~~:·'c;~~~~I~ distonee of 36,2$' to ° point for e<>mer 

THENCE. South 11 deg •• J(;min .• 2az=.Wesl.odlzlonc"ofla(;.J4'loc~lntl()' 

e(),n",irlth"woter; 

THENCE. Soulh 82 des" 40 min .. 07 sel:.. Wost, 0 disloMe of 75.06' 10 (I point for 

cern~r .. thc woter: 

:~~;;E:. South 40 d09 .. 17 min., 41 sec .. West, 0 distonce el 434.25' to e poi~t lor 

THENCE, Soulh 20 deg .. 59 min .. 40 ,ec" W~t. 0 di:tonce Of 316.32' to Cl point for 

corner in the woter of ~Id S<ibine Neches Ship Chonn~l: 

THENCE:. Seuth 12 de .... 55 min" 01 sec" We:lt. 0 distance of 229.32' to e pOint fer cornorIn tMeweter; 

THENCE. South 18 deg" 02 min" 07 sec .• Eost. Q <;Iistonce ofll:s.1~' to the ~INT Of" eEGlNNINOondconteiningl.3950cre.ollondondweter. 

Nete: Beorings. dislonce.s, ondocreogeoreboseci on Stole F'lone Ccordinete Grid S)'Stem 

TeKos South-Centrel Zone. NAO 83. seale lecter· 0.S99922310. convergence. 2 

dc .. rees.31 min., 01 sec. 

Thiz Oe~eriptiQn cnd Survey prepered by Anthony M. ~eger. Registered F'rolc",ienol 

Lond Survo)Or No. 5461, on Morc> 29, 2010. 

NBR 1.10rit!me II 

LS-l0-0153A 

-- -- -- -- --------~" 

SABINE NECHES SHIP CHANNEl,) 

I 

ARE BASED ON STATE PLANE I GRID 

SYSTEM, TEXAS SOUTH-CENTRAL ZONE, NAD8J 

SCALE FACTOR _ 0.999922310 

CONVERGENCE: 2' 31' 01" 

" ----I ~------ 1----------- I ---

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3737 Docio" Drive 

Po,tArthur, T""", 77542 

Tel 409. 983.2004 

Fox. 409.983.2005 :;outexswve1,]ors.c:om 

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FILED AND RECORDED 

OFFICIAL PUBLIC RECORDS 

2011 Mar 25, 10:44 AM 

PEVETO: $36.00 

2011010069 

CAROLYN L. GUIDRY, COUNTY CLERK 

JEFFERSON COUNTY, TEXAS 

PART OF FOREGOING 

INSTRUMENT ILLEGIBt , AT TIME OF FlUNG .