I 

I , 

STATE OF TEXAS § 

§ 

COUNTY OF JEFFERSON § 

RESTRICTIVE COVENANT 

111111111111111111111111111111111111111111111111111111111111 

COy 2011010068 

7 PGS 

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 24.178 acre tract of land, more or less, described in the 

General Warranty Deed with Vendor's Lien from Andrew Michael Slay Trust, et aI., to NBR 

Maritime II, LLC, recorded on June 11,2008, as File No. 2008020974, 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 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 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 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 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 I·, ." 
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 ~~ day of MLlrdv 

STATE OF TEXAS 

COUNTY OF CHEROKEE 

,2011. 

NBR Maritime II, LLC 

BY:~~ David D ett, anager of 

New Birmingham Resources, LLC, 

Manager ofNBR Maritime II, LLC 

BEFORE ME, on this the ~ day of "'o..r~ ,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. 

U II. ~IVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3J day of 

,v\Q.'fC , 2011. 

~~ •• PQ9 •••• * •••••• * •••• **.**********) , ... ~~ ... JUDITH RICHBOURG·CARNES 

l~·t,&:;:,b\ Notary Public 

~~ •. ~.~f STATE OF TeXAS . \~~O;~; My Comm. Exp. 07/01/2013 

~¥40:::~~ ••••••••••••• ··"········"· 

Notary Public, State of Texas \ \ 

My Commission Expires: '1- b\ o-O~ 

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

Texas Commission on Environmental Quality 

~~e:~i1~ Title: Director, Remediation Division 

STATE OF TEXAS 

COUNTY OF TRAVIS 

BEFORE ME, on this the ~ day of Uarc..h ,2011, personally appeared Brent 

Wade, Director of 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. 

l , "" .gl~EN UNDER MY HAND AND SEAL OF OFFICE, this the ,~ day of 

_M.DJ_-----'-IL¥-=--'_,201L 11 ~~ 

~ PUbliZ,Sta1eOffx;-

My Commission Expires: [);).-65-J.D 1~ 

Notary without Bond 

After Recording Return a Certified Copy To: 

TCEQ - MC 199 

POBox 13087 

Austin, Texas 78711-3087 

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

24.178 ACRE TRACT 

BEING 24.178 acres ofland and water out of and a part of what is commonly referred to as Pleasure 

Islet; being part of Tracts 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 of the 

City Council of the City of Port 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; said 24.178 acre tract being more fully described by metes and 

bounds as follows, to wit: 

BEGINNING at a MAG nail set 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, L.L.C., recorded in File No. 

9533086, Official Public Records, Jefferson County, Texas; also being the Southwest comer ofthe 

herein described tract; 

THENCE, North 01 deg., 36 min., 36 sec., East, on the apparent centerline of said Old Yacht Club 

Road, a distance of 400.92' to a MAG nail set for point of curvature; 

THENCE, continuing on the apparent centerline of said Old Yacht Club Road, on the arc of a curve 

to the right having a radius of660.00', an arc length of275.94', a chord bearing of North 13 deg., 

35 min., 53 sec., East, a chord distance of273.93' to a MAG nail set for point of tangency; 

THENCE, North 25 deg., 35 min., 09 sec., East, continuing on the apparent centerline of said Old 

Yacht Club Road, a distance of 1545.41' to a MAG nail set for the Southwest comer of a tract of 

land conveyed to Golden Triangle Maritime, LLC, recorded in File No. 2007002282, Official Public 

Records, Jefferson County, Texas; said MAG nail being the Northwest comer of the herein described 

tract; 

THENCE, South 40 deg., 34 min., 10 sec., East, on the Southerly line of said Golden Triangle 

Maritime, LLC tract, a distance of628.43' to a point for comer on the Westerly line of the SabineNeches Ship Channel; said point for comer being the Southeast comer of said Golden Triangle 

Maritime, LLC tract and the Northeast comer of the herein described tract; 

THENCE, the following calls on the Westerly line of said Sabine-Neches Ship Channel: 

South 18 deg., 23 min., 58 sec., West, a distance of 432.92' to a point for comer; 

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

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

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

24.178 ACRE TRACT (CONTINUED) 

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

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

South 06 deg., 44 min., 20 sec., West, a distance of265.15' to a point for comer; 

South 19 deg., 33 min. 53 sec., East, a distance of 118.82' to a point for comer; 

South 48 deg., 39 min. 56 sec., West, a distance of226.84' to a point for comer on the common line 

of said Tracts 6 and 7; said point for comer being the Southeast comer of the herein,described tract; 

THENCE, North 88 deg., 31 min., 53 sec., West, on the common line of said Tracts 6 and 7, leaving 

the Westerly line of said Sabine.,.Neches Ship Channel, a distance of 130.14' passing a Yz"steel rod 

set, capped, and marked "SOUTEX" forreference point; continuing for a distance on 5 0.41 ' passing 

a Yz" steel rod found on the apparent East right of way line of said 0 ld Yacht Club Road; continuing 

for a total distance of380.14' to the POINT OF BEGINNING and containing 24.178 acres ofland 

and water, more or less. 

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

South-Central Zone, NAD 3. Scale Factor = 0.999921866 

Restrictive Covenant - Page 5 
24.178 ACRES OF ~ANO AND WATER, 

PAATOFPLfASLJREISUT. 

CITY OF PORT ARTHUR. 

JEFFERSON COIJNTY. TD:AS 

BEING 24.17a aCffl~ ~llond end woler out of end 0 po.t of whct i~ commenly .efetrod to 

os Pleos~re 1,lel: being port of Tracts 2. 3. and 6 0~1 of that certoin (Called 92.563) acre 

Iroel of lend c:enve)'lld to Pleosyr", Islet As'oeiot.". duly oulhori:ed by Resoluli~n No. 

81-taa. dcted July 13. 1981 of Ihe CTty Council of th~ City 01 ~ori Arthur cnd being out 

ofthotcericin(Cclled18n.94)oc:r .. lroetoflcndcon-.eycdtolhcCityofPorlAl'lhur. 

Te~os by Polent. re<;erded in Volume 1014. P0ge 476. Deed Rec:ord>!. Jeffersen Counly. 

Te~cs; soid 24.17S ~cre trod bein9 more fully deecribed by metes ond bounds os 10110 ....... 

10 wit: 

BEGINNING ot c MAG noil sol for 0 commOf' Carner 01 Trocts 6 end 7 on the ~ppOr<!nt 

centerline 01 en Impro~d. unrestricted. public usod roedwoykncwn as 010::1 Yeer.( Club 

Rood: soid MAG nc, being the Nortnwcst comer of 0 troc:t 0/ lond eon~yed t~. Plea,u,"", 

I'lel. LLC .. recorded;" File No. 9533086. Officiol PubHc Records. Jefferson County. 

Texas: olso bern .. :h.Southw~tccrnero/theherelnde$crlbedtrec:t; 

THDlCE. Norlh 01 deg •• .:16 mirl .. 36 seo;.. East. on tho opporent centvrline 0/ toid Old 

Yacht Club ROOd. 0 di:tonce of 400.92" to 0 MAG noll set for poinl of curvolu'S: 

THENCE. coniinuin9 Cn theoppCl'~t centerline 01 ,old Old Yo<:hl Club Rood. CO" th",orc 

01 0 CIIrvo to the rl;ht hovln9 0 rodius of 660.00', on ore lenglh 0/275.9 4'. 0 <:hord 

beor!n .. 01 North TJ de .... 35 min .. SJ sec .. Eo't. 0 chord distonce of 273.93' \0 0 MAIO noilselforpolntcllongency. 

THENCE. Nortl'l2S de .... 35 min .• 09 300;., Ea3t, contlnuin .. on the cpporent centerline 0/ 

soid Old Yo<;ht Club ~ood. 0 distonce 0/ 1545.41' to a MAG noil sci for the So~th .. est 

comer of 0 Iroct 01 lond c""~yed 10 Cold~ Trion91e Moritlme. ~LC. recordod In File 

No. 2007002282. Ofrdol Public Rec:ords. Jefler::~ County. Te~os; said MAG noil b~in .. 

the Northwesl comer 01 the herein deserib~d troct 

Tl-!ENCE. SOIlth 40 deg .. 34 min .. 10 sec .• Eost. On Ihe Southerly line 0/ said Golden 

Tr,engle Moritime. Ll.C troet. 0 distcnce of 64a.'I~· 10 0 ~oint for corner on tht Westerly 

line of Ihe Sobine-Ned'les- Shlp CI1onncl; ~oid point for corner being lhe Southeast comer 

of sold Golden Trion<;l" ~oritime. Ll.C trocl ond the NQ"thoo~1 cor~er of Ihe h~rein 

descrjb~d troet; 

=:: :.nnm::~, ! OWE C9RNliffi ANR :;.,ow IJPRQyfHFNTS 

ANniO M. CER 

THENCE. In .. following <::011" on Ine We~t .. rly lin", of SClid Sobine-Neen"" Shi~ CnonMI: 

Soylh 1e de9 .• 23 min .. 58 ~ec .. \'(e~t. ~ di~ionce of 432..9:1' te C ~Qint lor comer: 

South 20 de9 .. 55 min .. 14 $ec .. W~t. 0 distonce of 31.42' to 0 po;"t for corner; 

SoY!h 82 de9 .• 27 min .. 12 see .. Wo~t. g distance of 7':;.04' 10 0 point for corner: 

02 sec .. West 0 distonce 01434.25' to 0 po'nl for comer: 

Soulh 20 deq., 44 min .. 06 scc .. We,t. 0 distance 01 305.71' 10 0 ~o;nl lor corner: 

Soulh 06 de9 .. 44 min .• 20 sec .. West. 0 distance of 265.15' 10 a poinl lor comer: 

South 19 deg .. ~3 min .. 5J sec .. (ost. c distonce of 118.82' to 0 ~oint lor corner: 

Saulh 46 de9., 39 min .. 56 sec .. We~t, Q dj~tonce of 226.a4· 10 0 ~oint for comer on the 

common line 01 $oid Troct:!; 6 end 1; scid ~oint for COrner being tn .. SOuthecsl corn~ of 

theherelndescrlbedtroct; 

THENCE. North 88 de9 .. 31 min •• 53 ~ec .. west. On tho common line 01 :old Trects 6 

ond 7. leavln .. Ihe Westerly line 01 sold Seblne-Nechos Ship Chonnel. a dl~tonce of 

130.14' ~os$lng 0 W steel rod set. CQPP~, ond mori<ed ·SOUTEX" lor reference point; 

eontlnulnglorodI310nceofJSO.4t·Posslngo\ii"steelro<1foundonthe cpperent E:ost 

righl of woyline of sold Old YochlClub Rood: continuing foro 10101 dl,tcnce of 380.14' 

I~sd.he POINT OF8EGJNNING ond containing 24.178 OCreS of land ond wolcr. more or 

Note: SeQriogs. distonces, ond ocre<:lge ore bosed on Siote Plone Coordinele Crid System. 

Te~o3 South-Control Zone. NAO 3. Scale Foetor .. 0.999941666 

~~Sle~=:-~ILo;n~s 5~~:~:~~,h1i~I~d ';U~o~;~~.b~to'S:hony M. l.e9"'. Registered 

NSR Morillme It 

15-07-1340 

FEMA Flood Zone;..A8... 

Communily Ponel NO.: 

485499-0020-; 

RECIS'l'ERED PROFESSlOrAL LAND SURV£\,OR NO. 5481 

IMPROVED UNRESTRICTED PUSLIC USED ROADWAY 

SOUTEX 

SURVEYORS INC. 3737 DOCTORS DRIVE 

PORT ARTHUR. TEXAS 77642 

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

OLD YACHT_CLue ROAD 

(60''W10~ROAOWAY~ThlENT) 

VO\..2J66.PC.98.D.R.J.C, 

S 20'55'14" W ~1.42· 

SURVEYORS NOTES 

t. BEARINGS, DISTANCES, AND ACREAGE SHOWN 

ARE eASED ON STATE PLANE COORDINATE CRID 

SYSTEM. TEXAS SOUTH-CENTRAL ZONE. NADS3 

SCALE FACTOR .. 0.999922310 

CONVERGENCE; 2' 31' 01" 

--- .~:::--- --- J>OINTFOR 

CORNER 

SHEET~ PROJECT NO: 01-1J40 

PART ~:.l:~E:;URREi I~~E~~~~":~~ ~~~~R ARTHUR SCALE: I" .. 100' 

RECORDED IN VOl.. 1014. PG. 476. DEED RECORDS PRINT DATE: 1/16/08 

~;:;;;;;;;;::':JE="=tR=S}ON~C~O~UN~TY=.=TEX=AS====::j DRAWN ey: S. LEGER 

rNSR MARITlME II PROJECT CHECKED SY: SL 

OLD YACHT CLue ROAD APPROVED BY: AML 

PORT ARTHUR. TEXAS 77642 

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FILED AND RECORDED 

OFFICIAL PUBLIC RECORDS 

2011 Mar 25, 10:44 AM 

PEVETO: $36.00 

2011010068 

-~ CAROLYN L. GUIDRY, COUNTY CLERK 

JEFFERSON COUNTY, TEXAS 

PART OF FOREGOING 

INSTRUMENT ILLEGIBLE 

AT TIME OF FILING