EXHIBIT 10.7
LEASE
This agreement of lease made and entered into this 7th day of November,
1969, by and between Fred Vincent, married to and living with Juanita Vincent,
born Cole, a resident of Sugartown, Louisiana, herein called VINCENT, and
Petro-Tex Chemical Company, herein represented by its duly authorized Vice
President, which corporation is herein called COMPANY.
W I T N E S S E T H:
1.
Vincent hereby leases to Company, the following described property situated
in Calcasieu Parish, Louisiana, to-wit:
See Lease Description attached as Exhibit A
and Plat attached as Exhibit B, both being
a part of this lease.
2.
This lease is made and entered into for a term of five years commencing
November 7, 1969, and ending November 6, 1974.
3.
The rental to be paid by Company to Vincent shall be a total of
Thirty-three thousand and no/100 dollars ($33,000.00) for the five (5) year
period which shall be paid Three thousand ($3,000) in cash upon signing of lease
and sixty (60) equal installments of Five hundred dollars ($500) monthly in
advance, commencing on the date that this lease commences and continuing on the
same day of each month thereafter.
4.
All rentals to be paid by Company under this lease shall be paid to Vincent
by depositing the same to his credit in Calcasieu Marine National Bank, Sulphur,
Louisiana, or its successor, which is hereby designated and may hereinafter be
referred to as the "Depository Bank" of Vincent and which is hereby
constituted his agent to receive said funds, or at such other depository bank as
Vincent may from time to time designate in writing to Company. Payment of the
rentals to Vincent shall be deemed to have been made as of the date that the
Depository Bank receives Company's check. Should Vincent assign or convey all or
a part of the leased premises or the rentals herefrom, the rentals shall be
apportioned in accordance with the interest assigned and conveyed, but said
assignments and conveyances shall not be binding upon Company until 15 days
after Company has received: (a) a certificate of change of ownership executed by
all of the owners of Vincent's interest and showing upon its face the name and
address of the then owner or owners, their interest and the nature of their
interest and the amount of lease rentals to be paid to them respectively, as
well as the designation of a Depository Bank in which the lease rentals or a
portion thereof may be deposited to the respective owners of the interests shown
thereon: (b) a certified copy of the recorded instrument or instruments
evidencing such change of ownership.
5.
Company may use the leased property for any industrial, commercial or other
lawful purposes, and may construct thereon any and all improvements which in its
discretion are deemed appropriate, including without limitation reshaping of the
contour of the land, construction and laying of foundations, erection of
buildings and other structures, and the installation of fixtures, equipment and
machinery.
6.
Company shall have the full and exclusive authority during the term of this
lease to grant servitudes on, over and across the leased property on such terms
and conditions, and containing such provisions, as in
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its sole discretion are deemed desirable, and shall be entitled to the
compensation, if any, paid for such servitudes, provided that the term of each
servitude voluntarily granted by Company shall expire upon the expiration or
termination of this lease, and provided that any servitude to continue for a
term longer than the term of this lease can be granted only by both Vincent and
Company, reserving to each their respective rights to the compensation paid or
awarded therefor.
At the expiration or termination of this lease, Vincent shall have the
option to require removal, at the expense of the servitude owner, of all
equipment installed under any servitudes granted solely by Company, or to allow
such equipment to remain in place; failure by Vincent to act on this option
within 60 days following the expiration or termination of this lease shall be
deemed the election by Vincent to allow the equipment to remain in place.
7.
Vincent shall promptly pay all taxes and special assessments on the land
leased herein, and Company shall promptly pay all taxes on the buildings and
other improvements constructed or installed thereon, and shall pay all utility
bills relating to its use of the property.
8.
At the termination or expiration of this lease for any reason, Company may,
but shall not be required to, remove any or all buildings, structures, and other
improvements of any kind, as well as any or all fixtures, equipment and
machinery, which it has constructed or installed thereon, whether movable,
immovable or fixed. It is agreed by Company that in event they elect to remove
all or any part of the buildings, structures, fixtures, equipment machinery and
any other improvements of any kind, they shall not remove any part of the dock
structure and agree that title to same shall be transferred to Vincent. Any
removals must be accomplished by Company within 180 days after termination or
expiration of the lease for any reason, and failure by Company timely to
complete such removals shall vest in Vincent full title to all buildings,
structures, improvements, fixtures, equipment, machinery and other property
remaining on the leased premises.
9.
At the termination or expiration of this lease, Company shall deliver up
the leased premises in good order and condition, except for natural
deterioration and damage by fires, tornado or other casualty, the removal of
fixtures, equipment and machinery, and the elements; in any event, Company shall
deliver the leased premises to Vincent free of trash and rubbish, and shall
backfill and level all pits and excavations created by the removal of buildings,
structures, improvements, fixtures, equipment, machinery and other property.
10.
Company shall properly execute and fulfill all the ordinances, rules and
regulations of any governmental agency applicable to the leased premises because
of its use of said premises, and all orders and requirements imposed by the
Board of Health, Sanitary and Police Departments, for the correction, prevention
and abatement of nuisances in or upon or connected with the premises because of
Company's use thereof during the term of the lease, all at Company's expense.
11.
Company may assign this lease or sub-let the leased premises or any
portions thereof, however, it shall remain liable to Vincent under all the
terms, conditions, covenants and obligations of this lease. Vincent may sell or
transfer the land herein described, in which event, his transferee shall assume
the obligations of Vincent.
12.
Vincent shall not be liable to Company or to Company's employees, patrons
or visitors, or to any other person for any damage to person or property caused
by any act, omission or neglect of Company or any
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other tenant of the leased premises, and Company agrees to hold Vincent harmless
from all claims for any such damage, whether the injury occurs on or off the
leased premises.
13.
If Company should default for a period of 15 days in the payment of any
installment of the rentals or taxes, and if such default should continue for a
period of 30 days after written notice of such default and request for
compliance having been given Company by Vincent (with a copy of said notice to
any mortgagee of Company for whom a mailing address has theretofore been left
with Vincent for such purposes herein provided), Vincent may at any time
thereafter during the continuance of said default, at his election, declare this
lease cancelled and terminated.
If Company should default for a period of ten (10) days in the performance
of any of its convenants or obligations other than those set forth in the
immediately preceding paragraph, and if such default shall continue for a period
of ninety (90) days after written notice of such default and request for
compliance having been given Company by Vincent (with a copy of said notice to
any mortgagee of Company for whom a mailing address has heretofore been left
with Vincent for such purposes as herein provided) -- or if Company is timely
and diligently pursuing all legal remedies to secure compliance with the terms
of this lease, such ninety (90) day period of time shall be extended for such
additional period of time, and for only such period of time as Company is
proceeding timely and with due diligence in the exercise of all legal remedies
available to Company to secure compliance with the terms of this
lease -- Vincent may at any time thereafter during the continuance of said
default, at his election, declare this lease cancelled and terminated.
If Vincent elects to declare this lease cancelled and terminated as
provided above, Company shall pay Vincent all past due rental and, as liquidated
damages, a sum equal to all of the rental which would become due under the lease
for the unexpired term if the lease should have remained in full force and
effect, and Vincent's lessor's lien shall remain in full force and effect on and
against all property on the leased property to secure payment of said claims.
14.
If Company shall at any time during the term hereof be adjudged a bankrupt,
or shall make a voluntary assignment for the benefit of creditors, or if a
receiver of Company shall be appointed, or if this lease shall by operation of
law devolve on or pass to another person, or persons, other than Company, or any
of its successors and assigns, sub-tenants, sub-lessees, mortgages or other lien
holders, then and in each of said cases:
(a) If there be only one lessee and there be a mortgage of this lease,
then this lease shall thereupon be deemed ipso facto assigned to said mortgagee;
or
(b) If there be more than one lessee, the interest of each lessee involved
in any of said proceedings shall thereupon be deemed ipso facto assigned in
equal shares to the other lessees; or
(c) if there be only one lessee, and no mortgagee of lessee and if there
be a sub-lessee of lessee, this lease shall thereupon be deemed ipso facto
assigned to the sub-lessee of lessee holding the first sub-lease in point of
time subject to any other subleases then in force;
(d) if there be only one lessee, and if there be no mortgagee of lessee or
sub-lessee of lessee, this lease shall thereupon ipso facto terminate and come
to an end; and if this lease should so terminate, Company shall pay Vincent all
past due rental and, as liquidated damages, a sum equal to all of the rental
which would become due under the lease for the unexpired term if the lease
should have remained in full force and effect, and Vincent's lessor's lien shall
remain in full force and effect on and against all property on the leased
property to secure payment of said claims.
15.
Should Company mortgage or otherwise encumber the leasehold estate created
hereby or any buildings, structures, improvements, fixtures, equipment,
machinery, or other property, upon the leased premises, Company shall give
Vincent written notice thereof and the name and address of such mortgages;
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and thereafter, while said mortgages or other encumbrances are in force, Vincent
shall give said mortgagees a duplicate copy of any and all notices of default or
other notices in writing which Vincent may give or serve upon Company pursuant
to the terms of this lease. A different address may be designated by such
mortgagees by written notice delivered to Vincent from time to time. Any such
mortgagees may, at their option, at any time before the rights of Company shall
have been forfeited to Vincent, as provided for in this lease, pay any of the
rents or other sums of money herein stipulated to be paid by Company or do any
other act or thing required of Company by the terms of this lease; and all
payments so made and all things so done or performed by any such mortgagees
shall be as effective to prevent a forfeiture of the rights of Company hereunder
as the same would have been if done and performed by Company instead of by any
such mortgagees. Any such mortgages or encumbrances so given by Company may
provide that, as between any such mortgages and Company, said mortgagee, on
making good and performing any such default or defaults on the part of Company,
shall be thereby subrogated to any and all of the rights of Company under the
terms and provisions of this lease. No such mortgagee of the rights and
interests of Company hereunder shall be or become entitled to be treated by
Vincent as an assignee of this lease until such time as said mortgagee shall by
foreclosure or other appropriate proceedings in the nature thereof, or as the
result of any other action or by proper conveyance from Company, acquire the
rights and interests of Company under the terms of this lease.
16.
It is agreed and understood that any holding over by the Company of the
leased premises after the expiration of this lease shall operate and be
construed as a month to month lease at a rental to be negotiated.
17.
Company shall have the right to renew this lease for nine (9) additional
terms of five (5) years each by giving notice of its election to renew at least
ninety (90) days before the end of the primary term or the end of any extended
term of the lease. Renewals shall be on the same conditions and under the same
covenants, except that the rental shall be paid monthly in advance as follows:
74 - 79 -- 1st renewal $550 per month
79 - 84 -- 2nd renewal $561 per month
84 - 89 -- 3rd renewal $595 per month
89 - 11/6/94 -- 4th renewal $631 per month
11/9/94 - 11/6/99 -- 5th renewal $673 per month
11/9/99 - 2004 -- 6th renewal $713 per month
11/9/2004 - 2009 -- 7th renewal $761 per month
2009 - 2014 -- 8th renewal $806 per month
2014 - 2019 -- 9th renewal $854 per month
18.
Provided Company is not in default with the terms, conditions and covenants
of this lease which it is perform, then Vincent guarantees Company quiet
enjoyment of the leased premises during the term of this lease.
19.
No waver by Vincent of any default or breach of any term, covenant,
condition, agreement, provision, or stipulation herein contained shall be
treated as a waiver of any subsequent default or breach of the same or any other
term, covenant, condition, agreement, provision, or stipulation hereof.
20.
All notices required in this lease shall be given in writing and by
registered or certified mail. Notice to Vincent shall be sent to him at Route 1,
Box 164, DeRidder, Louisiana, with a copy to Calcasieu Marine National Bank of
Sulphur, Louisiana, or such other address as he shall hereafter designate in
writing to Company.
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Notice to Company shall be sent to it at P. O. Box 2584 Houston, Texas
(77001), or to such other address as Company shall hereafter designate in
writing to Vincent. Notices to the mortgagees of Company shall be sent to them
at such address as shall hereafter be designated in writing to Vincent.
21.
Either party who defaults in the performance of his obligations under this
lease shall be liable to the other party for all reasonable attorney's fees and
expenses incurred in enforcement of the lease provisions or collection of
damages.
22.
The provisions of this lease shall inure to the benefit of and shall be
binding upon the heirs, successors and assigns, respectively, of the parties
hereto.
THUS DONE, READ AND SIGNED by Fred Vincent, at Lake Charles, Louisiana, on
this 10th day of November, 1969 in the presence of the undersigned competent
witnesses.
WITNESSES:
RAY BURGESS
ELAYNE C. BURGESS
FRED VINCENT
Fred Vincent
(NEED NAME)
NOTARY PUBLIC
THUS DONE, READ AND SIGNED by William A. McMinn on this 7th day of
November, 1969, in the presence of the undersigned competent witnesses:
WITNESSES:
(NEED NAME)
CLEO M. MERCER
Cleo M. Merce
Notary Public in and for Harris County, Texas
My Commission Expires June 1, 1971
PETRO-TEX CHEMICAL COMPANY
BY WILLIAM A. McMINN
EXHIBIT A
Descriptions of Tracts I and II
TRACT I
Commencing at the southwest corner of the southwest quarter of the
southeast quarter (SW Cor. Of SW1/4 of SE1/4) of Section 7, Township 10 South,
Range 9 West, Louisiana Meridian, in Calcasieu Parish, Louisiana.
Thence along the north and south center-line of said Section 7, N 0 degrees
14' E, a distance of 1059.6'. Thence S 89 degrees 49' E a distance of 118.61' to
the east right of way line of State Highway 108 and to the point of
commencement.
Thence continuing S 89 degrees 49' E a distance of 585.67' to the east
property line of lessor. Thence N 0 degrees 11' E along said east property line
a distance of 125.4' to the right descending bank of Bayou D'Inde.
Thence, following the meander of the said right descending bank of Bayou
D'Inde, upstream to intersection of said bank of the bayou with the downstream
boundary of leasehold of The Firestone Tire and
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Rubber Company as per lease agreement with lessor dated June 14, 1962 and
recorded in Calcasieu Parish Files, Number 889407, Book 822, Page 548. Said
point is located at the present bank line which has been dredged some 40' more
or less inshore from the shore line in 1962 as described in said lease
boundaries. This upstream point on the bayou is located N 71 degrees 42' 30" W
and at a distance of 454.32' from the downstream point on the bayou. Thence S 25
degrees 23' W along said Firestone lease boundary a distance of 60.0'. Thence
continuing along said Firestone lease boundary S 81 degrees 13' W, a distance of
130.63' to the said east right of way line of State Highway 108. Thence along
said right of way line S 0 degrees 02' E a distance of 191.95' to the point of
commencement.
TRACT II
Commencing at the southeast corner of the above described tract. Thence S 0
degrees 11' W a distance of 638.71' to the extended north line of property of
Adam Vincent. Thence S 89 degrees 53' W along said extension and along said
north line of property of Adam Vincent a distance of 234.4' to the northwest
corner of said Adam Vincent property. Thence S 0 degrees 12' W along the west
property line of said Adam Vincent property a distance of 417.2' to the south
line of said Section 7. Thence S 89 degrees 53' W along said section line 30'.
Thence N 0 degrees 12' E a distance of 447.2'. Thence N 89 degrees 53' E a
distance of 234.4'. Thence N 0 degrees 11' E a distance of 608.71' to the south
line of Tract I described above. Thence S 89 degrees 49' E along said south line
of Tract I a distance of 30' to the point of commencement.
The above descriptions are subject to all servitudes of record.
"PLEASE DESCRIBE THIS PAGE"
STATE OF LOUISIANA FOURTEENTH JUDICIAL DISTRICT
PARISH OF CALCASIEU OFFICE OF THE CLERK OF COURT
I HEREBY CERTIFY, That the foregoing is a true and correct copy of the
original Lease filed for record in this office November 28, 1969, bearing File
No. 1157790, and duly recorded on December 1, 1969, in Book 1099 of Conveyances
on page 717, et seq.
IN TESTIMONY WHEREOF, witness my official signature and seal of office at
Lake Charles, Louisiana, on this the 1 day of December 1, A.D. 1969.
ACTON HILLEBRANDT, CLERK OF COURT,
By PRESTON MILLER
Deputy Clerk of Court
OFFICE OF
CLERK OF COURT AND EX-OFFICIO RECORDER
PARISH OF CALCASIEU, LOUISIANA
DEAR SIR:
This certifies that there has been received for recordation an Act of Lease from
Fred Vincent to Petro-Tex. Chemical Corp. filed for record on the 28 day of
November, 1969, bearing file No. 1157790 recorded in Conveyance Record No. 1099
page 717, Mortgage Record No. , page , Record No. , page of the records of the
Parish of Calcasieu, State of Louisiana.
Recording fee 15.00 ACTON HILLEBRANDT, Clerk of Court
Copy 1.00 By MELODY WILSON
NOTE: All Notarial Acts and all Private Acts affecting real estate must remain
on file in this office (R.S. Section 30 and Act. No. 212 of the General Assembly
of the year 1920.)
ASSIGNMENT OF LEASE
6
STATE OF
LOUISIANA Section
Section
PARISH OF
CALCASIEU Section
THIS AGREEMENT is made by and between PETRO-TEX CHEMICAL COMPANY, called
the "Assignor" in this Agreement, and TEXAS BUTYLENE CHEMICAL CORPORATION, a
wholly-owned subsidiary of Texas Petrochemicals Corporation, called the
"Assignee" in this Agreement.
W I T N E S S E T H:
WHEREAS, a Lease was executed on the 7th day of November, 1969, by and
between Fred Vincent, married to and living with Juanita Vincent, born Cole, a
resident of Sugartown, Louisiana, and the Assignor as lessee, by the terms of
which the real property described on Exhibit "A" to said Lease was leased to
the Assignor as lessee pursuant to the terms and provisions set forth therein;
and
WHEREAS, the Lease was amended by an Amendment to Agreement of Lease dated
March 31, 1970; and
WHEREAS, Paragraph 11 of the Lease Agreement dated November 7, 1969,
specifically provides that the Assignor may assign or sublet the leased premises
or any portion thereof, however, Assignor shall remain liable to the lessor
under all of the terms, conditions, covenants and obligations of said Lease; and
WHEREAS, the Assignor now desires to assign the Lease to the Assignee and
the Assignee desires to accept the assignment:
In consideration of the sum of Ten Dollars ($10.00) and other valuable
consideration, the receipt of which is hereby acknowledged by this Agreement,
and the agreement of the Assignee set forth below, the Assignor assigns to the
Assignee and the Assignee's successors and assigns all right, title and interest
in and to the Lease described above, and the Amendment thereto, copies of which
Lease and Amendment thereto are attached to this Assignment as Exhibits "A"
and "B", respectively. The Assignee accepts the assignment and, in addition,
expressly assumes and agrees to perform and fulfill all of the terms, covenants,
conditions and obligations required by the Assignor as the lessee under that
Lease, including the making of all payments due or to be payable on behalf of
the lessor when due and payable.
This Assignment of Lease is effective as of June 21, 1984.
This Agreement shall be binding on and inure to the benefit of the parties
to this Agreement and their successors in interest and assigns.
WITNESS THE EXECUTION HEREOF before the undersigned witnesses on this the
15th day of October, 1991.
PETRO-TEX CHEMICAL COMPANY
By: E. J. MILLER
Vice President
"Assignor"
Witnesses:
CHRISTINA YEPZ
FRANKIE R. CARTER
TEXAS BUTYLENE CHEMICAL CORPORATION
a wholly owned subsidiary of Texas
Petrochemicals Corporation
By: JOHN T. SHELTON
Vice President
"Assignee"
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Witnesses:
LANELL COOKE
D. BANDEIRA DE MELLO
THE STATE OF
TEXAS Section
Section
COUNTY OF
HARRIS Section
On this 15th day of October, 1991, before me personally appeared E.J. MILAM, to
me personally known, who, being by me duly sworn, did say that he is the Vice
President of Petro-Tex Chemical Corporation and that said instrument was signed
on behalf of said corporation by authority of its Board of Directors and the
said E.J. MILAM acknowledged said instrument to be the free act and deed of said
corporation.
WITNESS my official signature and seal as such notary public on the day, month
and year first above written.
WANDA R. SMITH
Notary Public In and For
Harris County, TEXAS
My Commission Expires: 3-28-95
THE STATE OF
TEXAS Section
Section
COUNTY OF
HARRIS Section
On this 16th day of October 1991, before me personally appeared JOHN T. SHELTON,
to me personally known, who, being by me duly sworn, did say that he is the Vice
President of Texas Butylene Chemical Corporation and that said instrument was
signed on behalf of said corporation by authority of its Board of Directors and
the said JOHN T. SHELTON acknowledged said instrument to be the free act and
deed of said corporation.
WITNESS my official signature and seal as such notary public on the day, month
and year first above written.
PATRICIA A. SMITH
Notary Public In and For
Harris County, TEXAS
My Commission Expires: 6-22-93
8
AMENDMENT TO AGREEMENT OF LEASE
WHEREAS, by Agreement of Lease made and entered into on the 7th day of
November, 1969, and filed for recording on November, 1969, and filed for
recording on November 28, 1969 under File No. 1157790, and recorded in Book
1099, page 717, of the Records of Conveyance of Calcasieu Parish, Louisiana,
Fred Vincent leased to Petro-Tex Chemical Company certain land in Calcasiu
Parish, Louisiana, described in Exhibit A attached to said Agreement of Lease
and shown on a Plat attached to said Agreement of Lease as Exhibit B; and
WHEREAS, Fred Vincent and Petro-Tex Chemical Company desire to amend said
Agreement of Lease with respect to the description of the lands covered thereby.
NOW, THEREFORE, in consideration of the premises, Fred Vincent, married to
and living with Juanita Vincent, born Cole, a resident of Sugartown, Louisiana,
and Petro-Tex Chemical Company, herein represented by its duly authorized Vice
President, do hereby agree that Exhibits A and B attached to said Agreement of
Lease dated November 7, 1969, shall be and are deleted therefrom, and in lieu
thereof, shall be and are attached Exhibit A hereto, being a metes and bounds
description of the land covered by said Agreement of Lease, as amended hereby,
and Exhibit B hereto, being a plat of the land covered by said Agreement of
Lease, as amended hereby, both said Exhibits A and B attached hereto being made
a part of said Agreement of Lease dated November 7, 1969 for all purposes.
The said Fred Vincent hereby leases to Petro-Tex Chemical Company the
property described in Exhibits A and B attached hereto on the same terms as
provided in said Agreement of Lease dated November 7, 1989, which agreement of
Leasse, as amended hereby, is hereby ratified and confirmed.
EXHIBIT "B"
WITNESS THE EXECUTION HEREOF before the undersigned witnesses on this 31st
day of March, 1970.
Witnesses:
NEED NAME FRED VINCENT
Fred Vincent
RAYMOND F. VINCENT
PETRO-TEX CHEMICAL COMPANY
Witnesses:
NEED NAME By Wm. A. McMINN
Vice President
EWELYN MANNING
THE STATE OF
LOUISIANA Section
Section
PARISH OF
CALCASIEU Section
On this 31st day of March, 1970, before me personally appeared FRED
VINCENT, to me known to be the person described in and who executed the
foregoing instrument and acknowledged that he executed the same as his free act
and deed.
WITNESS my official signature and seal as such notary public on the day,
month and year first above written.
NEED NAME
Notary Public in and for
Calcasieu Parish, Louisiana
THE STATE OF
TEXAS Section
Section
COUNTY OF
HARRIS Section
9
On this 25th day of March, 1970, before me personally appeared W. A.
McMinn, to me personally known, who, being by me duly sworn, did say that he is
the Vice President of PETRO-TEX CHEMICAL COMPANY and that said instrument was
signed on behalf of said corporation by authority of its Board of Directors and
the said W. A. McMinn acknowledged said instrument to be the free act and deed
of said corporation.
WITNESS my official signature and seal as such notary public on the day,
month and year first above written.
BERNICE L. HAVERLAND
Notary Public in and for
Harris County, Texas
My commission expires June 1, 1971.
EXHIBIT A
Commencing at the southwest corner of the Southwest Quarter of the
Southeast Quarter (SW corner of SW 1/4 of SE 1/4) of Sec. 7, T 10 S, R 9 W. La.
Mer., in Calcasieu Parish, Louisiana.
Thence along the north and south center-line of said Sec. 7, N O degrees
14' E, a distance of 993.5 ft.
Thence S 89 degrees 49' E, a distance of 118.73' to the east R/W line of
State Highway 108 and to the point of commencement.
Thence continuing S 89 degrees 49' E a distance of 585.50 ft. to the east
property line of lessor.
Thence N O degrees 11' E. along said east property line a distance of 191.5
ft. to the right descending bank of Bayou D'Inde.
Thence following the meander of the said right descending bank of Bayou
D'Inde upstream to intersection of said bank of the bayou with the downstream
boundary of leasehold of The Firestone Tire and Rubber Co. as per lease
agreement with lessor dated June 14, 1962 and recorded in Calcasieu Parish
Files, No. 889407, Book 822, Page 548. Said point is located at the present bank
line which has been dredged some 40' more or less inshore from the shore line in
1962 as described in said lease boundaries. This upstream point on the bayou is
located N. 71 degrees 42' 30" W. and, at a distance of 454.32' from the
downstream point on the bayou.
Thence S 25 degrees 23' W along said Firestone Lease boundary a distance of
60 ft.
Thence continuing along said Firestone Lease boundary S 81 degrees 13' W, a
distance of 130.63 ft. to the said east right of right of way line of State
Highway 108.
Thence along said right of way line S O degrees 02' E a distance of 258.05
ft. to the point of commencement.
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"PLEASE DESCRIBE THIS PAGE"
EXHIBIT B
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STATE OF LOUISIANA: OFFICE OF THE CLERK OF
PARISH OF CALCASIEU: COURT 14th JUDICIAL DIST.
I HEREBY CERTIFY, That the above and foregoing is a true
and correct copy of Amendment filed of
record the 7 of April, 1970 bearing file
No. 1169439 IN TESTIMONY WHEREOF, Witness
my official signature and seal at Lake Charles, La., on this
7 day of April A. D. 1970.
(REST UNREADABLE)
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