EXHIBIT 10.59
EASEMENT
FROM
BAYONNE INDUSTRIES, INC.
AND IMTT-BAYONNE
TO
COGEN TECHNOLOGIES NJ VENTURE
OCTOBER 20, 1986
Record and return to: Prepared by:
/s/ Meir Jeremy Ostow, Esq.
-------------------------------
Martin L. Wiener, Esq. Meir Jeremy Ostow, Esq.
Kimmelman, Wolff & Samson Kimmelman, Wolff & Samson
280 Corporate Center 280 Corporate Center
5 Becker Farm Road 5 Becker Farm Road
Roseland, New Jersey 07068 Roseland, New Jersey 07068
EASEMENT
THIS EASEMENT, made as of this 20th day of October, 1986, by and between
BAYONNE INDUSTRIES, INC. ("BI"), a New Jersey corporation having an office
at the Foot of East 22nd Street, Bayonne, New Jersey 07002, and IMTT-BAYONNE
("IMTT"), a Delaware partnership having its principal place of business at The
Foot of East 22nd Street, Bayonne, New Jersey 07002 (collectively "Grantor") and
COGEN TECHNOLOGIES NJ VENTURE, a New Jersey general partnership, c/o Cogen
Technologies NJ, Inc., Managing Venturer having an office at 14614 Falling Creek
Drive, Suite 212, Houston, Texas 77068 ("Grantee").
W I T N E S S E T H:
WHEREAS, Grantor has previously sold to Grantee certain boilers and
appurtenant structures and equipment (the "Steam Producing Facilities") located
in a certain boiler house owned by BI and leased to IMTT (the "Boiler House");
and
WHEREAS, the Boiler House is located on land owned by BI and leased to IMTT
("Bayonne Facility"); and
WHEREAS, Grantor and Grantee have entered into a Lease Agreement dated
October 18, 1986 (the "Lease Agreement") whereby Grantor has leased to Grantee a
portion of the Bayonne Facility (the "Demised Premises"); and
2
WHEREAS, pursuant to a certain steam sale agreement dated June 13, 1985, as
amended, and steam producing facilities lease dated May 22, 1986 between IMTT
and Grantee, as assignee of Cogen Technologies NJ, Inc. (collectively the
"Agreements"), Grantee has certain rights and obligations with regard to the
operation and maintenance of the Steam Producing Facilities; and
WHEREAS, in order to operate and maintain the Steam Producing Facilities
and exercise its rights and carry out its obligations under the Agreements, it
will be necessary for Grantee to enter upon the Bayonne Facility and the Boiler
House; and
WHEREAS, the Lease Agreement requires Grantor to provide Grantee ingress
and egress to the Demised Premises;
NOW, THEREFORE, in consideration of the sum of $1.00 and for other good and
valuable consideration, receipt of which is hereby acknowledged by Grantor,
(i) Grantor hereby grants, bargains, sells and conveys unto Grantee and its
successors and assigns a non-exclusive easement and right-of-way over the
Bayonne Facility and in and about the Boiler House as particularly described in
Exhibit A annexed hereto and incorporated herein by reference; and
3
(ii) hereby grants unto Grantee and its successors and assigns a non-
exclusive license to enter into and use those areas of the Boiler House in which
the Steam Producing Facilities are located and all structure appurtenant thereto
required by Grantee in order to operate and maintain the Steam Producing
Facilities and exercise its rights under the Agreements.
The grant of this Easement is conditioned upon Grantee and its successors
and assigns agreement to repair any damage to the Bayonne Facility resulting
from Grantee's actions under this Easement.
The Easement, rights-of-way and licenses granted hereunder shall be deemed
covenants running with the land for the benefit of Grantee and its successors
and assigns as permitted under the Agreements, but not for the benefit of any
other party, and shall terminate and be of no further force and effect from and
after twelve (12) months after the date of termination of the Lease Agreement in
accordance with their terms.
4
IN WITNESS WHEREOF, the Grantor hereto has caused this Easement to be
signed and attested by its duly authorized corporate officers on the day and
year first above written.
[SEAL]
ATTEST: BAYONNE INDUSTRIES, INC.
/s/ Bertrand F. Artigues /s/ Richard B. Jurisich
- ---------------------------- -----------------------------
Bertrand F. Artigues Richard B. Jurisich
Assistant Secretary Executive Vice President/
Secretary
WITNESS: IMTT-BAYONNE
/s/ Bertrand F. Artigues /s/ Richard B. Jurisich
- ---------------------------- -----------------------------
Bertrand F. Artigues Richard B. Jurisich
Secretary
STATE OF LOUISIANA
PARISH OF ORLEANS
BEFORE ME, the undersigned Notary Public, duly commissioned and
qualified in and for said Parish and State, personally came and appeared Richard
B. Jurisich, to me known, who declared and acknowledged to me, Notary, and the
undersigned competent witnesses that he is the Secretary of IMTT Bayonne, that
as such duly authorized officer, by and with the authority of the Partnership
Committee of said partnership, he signed and executed the foregoing instrument,
as the free and voluntary act and deed of the said partnership, for and on
behalf of the said partnership and for the objects and purposes therein set
forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal and
the said appearer and the said witnesses have hereunto affixed their signatures
this 20th day of October, 1986.
WITNESSES:
/s/ MARGARET E. TROSCLAIR
- -----------------------------
MARGARET E. TROSCLAIR
/s/ RICHARD B. JURISICH
/s/ CAROLE F. BLACKLEDGE -----------------------------
- ----------------------------- RICHARD B. JURISICH
CAROLE F. BLACKLEDGE Secretary
/s/ CHARLES B. JOHNSON
-----------------------------
NOTARY PUBLIC
CHARLES B. JOHNSON
STATE OF LOUISIANA
PARISH OF ORLEANS
BEFORE ME, the undersigned Notary Public, duly commission and
qualified in and for said Parish and State, personally came and
appeared Richard B. Jurisich, to me known, who declared and
acknowledged to me, Notary, and the undersigned competent witnesses
that he is the Executive Vice President of Bayonne Industries, Inc.,
that as such duly authorized officer, by and with the authority of the
Board of Directors of said corporation, he signed and executed the
foregoing instrument, as the free and voluntary act and deed of the
said corporation, for and on behalf of the said corporation and for the
objects and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal and the said appearer and the said witnesses have hereunto affixed their
signatures this 20th day of October, 1986.
WITNESSES:
/s/ MARGARET E. TROSCLAIR
- -----------------------------
MARGARET E. TROSCLAIR
/s/ RICHARD B. JURISICH
/s/ CAROLE F. BLACKLEDGE -----------------------------
- ----------------------------- RICHARD B. JURISICH
CAROLE F. BLACKLEDGE Secretary
/s/ CHARLES B. JOHNSON
-----------------------------
NOTARY PUBLIC
CHARLES B. JOHNSON
DESCRIPTION OF A PROPOSED ACCESS EASEMENT
THROUGH LANDS OF BAYONNE INDUSTRIES
CITY OF BAYONNE, HUDSON COUNTY, NEW JERSEY
BEGINNING at a point in the southerly right-of-way line of East Twenty-second
Street where the same is intersected by the westerly line of lands now or
formerly Southern Cotton Oil Company, as shown on a map entitled "Map Showing
Proposed Access Easement for Bayonne Industries, City of Bayonne, Hudson County,
New Jersey" revised dated October 23, 1986, prepared by Hirth Weidener
Associates and running; thence,
1. South 5 degrees 38' 40.8" West, along said westerly line of lands now or
formerly Southern Cotton Oil Company, distant 248.18 feet to a point;
thence,
2. South 84 degrees 21' 19.2" East, along the southerly line of the aforesaid
Southern Cotton Oil Company, distant 19.87 feet to a point in the easterly
line of a proposed 20 foot wide access easement; thence,
3. South 3 degrees 17' 01" East, along said easterly line, distant 281.10 feet
to a point; thence,
4. South 4 degrees 36' 12" East, continuing along the same, distant 303.68 feet
to a point; thence,
5. South 12 degrees 36' 58" East, still along the same, distant 233.20 feet to
a point; thence,
6. South 6 degrees 27' 25" East, still along the said easterly line of a
proposed 20 foot wide access easement, distant 185.47 feet to a point in the
northerly line of lands now or formerly Bayonne Industries and the southerly
line of the Central Railroad of New Jersey, Constable Hook Branch; thence,
7. North 84 degrees 21' 19" West, along said southerly line of the Central
Railroad of New Jersey, distant 20.46 feet to a point in the westerly line
of the proposed 20 foot wide access easement; thence,
8. North 6 degrees 27' 25" West, along said westerly line, distant 180.10 feet
to a point; thence,
9. North 12 degrees 36' 58" West, still along the same, distant 233.53 feet to
a point; thence,
10. North 4 degrees 36' 12" West, continuing said westerly line, distant 305.31
feet to a point; thence,
11. North 3 degrees 17' 01" West, still along said westerly line of the 20 foot
wide access easement, distant 223.38 feet to a point; thence,
EXHIBIT A
12. North 34 degrees 49' 18" West, distant 161.13 feet to a point in the
easterly line of lands now or formerly Kenrich Petrochemicals, Inc.; thence,
13. North 7 degrees 19' 21.8" East, along said easterly line of lands now
or formerly Kenrich Petrochemicals, Inc., distant 184.69 feet to a point in
the southerly right-of-way line of Hook Road; thence,
14. South 82 degrees 41' 49.2" East, along said southerly right-of-way line,
distant 20.07 feet to a street line jog; thence,
15. North 5 degrees 38' 40.8" East, distant 1.92 feet to a point in the
southerly right-of-way line of the aforesaid East Twenty-second Street;
thence,
16. South 84 degrees 21' 19.2" East, distant 70.00 feet to the above described
point or place of BEGINNING.
The above description is intended to be an easement having a variable to 20 foot
width which crosses lands of Bayonne Industries from East Twenty-second Street
in a southerly direction to the southerly line of Central Railroad of New
Jersey, Constable Hook Branch, all is shown on the above recited map.
The crossing of the lands of Central Railroad of New Jersey, Constable Hook
Branch by courses 6 and 8 does not imply ownership in said lands and is subject
to crossing agreement cited under Rights and Easements as number 10 on the
aforementioned map.
Revised October 23, 1986
EXHIBIT A
DESCRIPTION OF A PROPOSED 20 FOOT WIDE ACCESS EASEMENT
THROUGH LANDS OF
BAYONNE INDUSTRIES
CITY OF BAYONNE, HUDSON COUNTY, NEW JERSEY
BEGINNING at a point in the southerly right-of-way line of Central Railroad of
New Jersey, Constable Hook Branch, where the same is intersected by the westerly
line of a proposed 20 foot wide access easement, said point of beginning being
the following courses and distances from where the southerly right-of-way line
of Hook Road is intersected by the easterly line of lands now or formerly
Kenrich Petrochemicals, Inc. and from said point running; thence,
A. South 7 degrees 19' 21.80" West, along said easterly line of lands now or
formerly Kenrich Petrochemicals, Inc., distant 184.69 feet to a point;
thence,
B. South 34 degrees 49' 18" East, distant 161.13 feet to a point; thence,
C. South 3 degrees 17' 01" East, distant 223.38 feet to a point; thence,
D. South 4 degrees 36' 12" East, distant 305.31 feet to a point; thence,
E. South 12 degrees 36' 58" East, distant 233.53 feet to a point; thence,
F. South 6 degrees 27' 25" East, distant 180.10 feet to a point and the place
of BEGINNING and running; thence,
1. South 84 degrees 21' 19" East, along said southerly line of the Central
Railroad of New Jersey, Constable Hook Branch, distant 20.46 feet to a
point; thence,
2. South 6 degrees 27' 25" East, along the easterly line of the proposed
easement, distant 40.99 feet to a bend point; thence,
3. South 51 degrees 15' 32" East, distant 167.90 feet to a point; thence,
4. South 88 degrees 43' 55" East, along the northerly line of said access
easement, distant 240.55 feet to a point; thence,
5. South 62 degrees 22' 50" East, continuing along the same, distant 128.36
feet to a point; thence,
6. South 5 degrees 41' 10" West, along the easterly line of said access
easement, distant 570.09 feet to a point; thence,
7. South 28 degrees 32' 04" East, still along said easterly line of the
proposed access easement, distant 524.82 feet to a point; thence,
EXHIBIT A
8. South 66 degrees 07' 15" West, distant 29.69 feet to a point in the easterly
side of a proposed boiler building easement; thence,
9. North 23 degrees 15' 59" West, along said easterly line of said boiler house
lease, distant 20.00 feet to a point; thence,
10. North 66 degrees 07' 15" East, 20 foot offset and parallel with course 8
above, distant 7.78 feet to a point; thence,
11. North 28 degrees 32' 04" West, along the westerly line of proposed access
easement, 20 foot distant and at right angles from course number 7, distant
486.75 feet to a point; thence,
12. South 72 degrees 49' 49" West, along the southerly line of proposed access
easement, distant 195.77 feet to a point; thence,
13. North 22 degrees 10' 53" West, continuing along said access easement,
distant 266.51 feet to a point; thence,
14. North 82 degrees 57' 54" West, along the southerly line of said access
easement, distant 359.51 feet to a point; thence,
15. North 59 degrees 19' 12" West, continuing the same, distant 161.75 feet to a
point; thence,
16. North 79 degrees 44' 18" West, still along said access easement, distant
118.33 feet to a point; thence,
17. North 5 degrees 33' 58" East, along said access easement, distant 50.98 to a
point; thence,
18. South 84 degrees 26' 02" East, along the southerly line of the proposed
lease parcel, distant 20.00 feet to a point; thence,
19. South 5 degrees 33' 58" West, distant 32.56 feet; thence,
20. South 79 degrees 44' 18" East, along the northerly line of the proposed
access easement, distant 103.50 feet to a point; thence,
21. South 59 degrees 19' 12" East, still along said northerly line, distant
161.16 feet to a point; thence,
22. South 82 degrees 57' 54" East, continuing said northerly line, distant
331.80 feet to a point of intersection; thence,
23. North 4 degrees 47' 49" East, along the westerly line of a proposed 20 foot
wide access easement, distant 263.91 feet to a point; thence,
EXHIBIT A
24. North 4 degrees 22' 54" West, continuing the same, distant 155.20 feet to a
point in the southwesterly line of said access easement; thence,
25. North 51 degrees 15' 32" West, along the same, distant 144.48 feet to a
point; thence,
26. South 44 degrees 40' 00" West, 181.65 feet to a point in the northeasterly
side of the previously described proposed lease parcel; thence,
27. North 36 degrees 03' 14" West, along said northeasterly line, distant 17.51
feet to a bend point; thence,
28. North 84 degrees 26' 02" West, along the same, distant 3.50 feet to a point
in the northwesterly line of the proposed access easement; thence,
29. North 44 degrees 40' 00" East, along the same, distant 178.96 feet to a
point; thence,
30. North 51 degrees 15' 32" West, still along said access easement, distant
2.89 feet to an angle point; thence,
31. North 6 degrees 27' 25" West, still along the westerly line of the proposed
access easement, distant 53.52 feet to a point in the southerly boundary of
the Central Railroad of New Jersey, Constable Hook Branch; said point being
the above described point or place of BEGINNING.
Excluding there from the following parcel which is totally surrounded by said
access easements as shown on the previously described map beginning a point in a
northerly line of a 20 foot wide access easement where the same is intersected
by the easterly line of 20 foot wide access easement and running; thence,
1. North 4 degrees 47' 49" East, parallel with and distant from course number
23 previously described, distant 266.29 feet to a point; thence,
2. North 4 degrees 22' 54" West, still along the same and parallel with course
number 24 previously described, distant 145.38 feet to a point; thence,
3. South 88 degrees 43' 55" East, parallel with and distant 20 foot from course
number 4 previously described, distant 233.89 feet to a point; thence,
4. South 62 degrees 22' 50" East, parallel with and 20 foot distant from course
number 5 above, distant 110.17 feet to a point; thence,
5. South 5 degrees 41' 10" West, continuing along the same being 20 foot
distant from and parallel with course number 6 previously described, distant
545.11 feet; thence,
EXHIBIT A
6. South 72 degrees 49' 49" West, parallel with and 20 foot distant from course
number 12 previously described, distant 183.54 feet to a point; thence,
7. North 22 degrees 10' 53" West, 20 foot distant from and parallel with course
number 13 previously described, distant 259.92 feet to a point; thence,
8. North 82 degrees 57' 54" West, parallel with and distant 20 feet at right
angles to course number 14 previously described, distant 15.23 feet to above
described point or place of BEGINNING.
Revised October 23, 1986
EXHIBIT A
FIRST AMENDMENT
TO
EASEMENT
FROM
BAYONNE INDUSTRIES, INC.
AND IMTT-BAYONNE
TO
COGEN TECHNOLOGIES NJ VENTURE
DECEMBER 15, 1988
Record and Return to: Prepared by:
Martin L. Wiener, Esq. Martin L. Wiener, Esq.
Kimmelman, Wolff & Samson Kimmelman, Wolff & Samson
5 Becker Farm Road 5 Becker Farm Road
Roseland, New Jersey 07068 Roseland, New Jersey 07068
FIRST AMENDMENT TO EASEMENT
THIS FIRST AMENDMENT TO EASEMENT (this "First Amendment"), made as of
the 15th day of December, 1988, by and between BAYONNE INDUSTRIES, INC. ("BI"),
a New Jersey corporation having an office at the Foot of East 22nd Street,
Bayonne, New Jersey 07002, and IMTT-BAYONNE ("IMTT"), a Delaware partnership
having its principal place of business at the Foot of East 22nd Street, Bayonne,
New Jersey 07002 (BI and IMTT herein together called "Grantor"), and COGEN
TECHNOLOGIES NJ VENTURE, a New Jersey general partnership, c/o Cogen
Technologies NJ, Inc., Managing Venturer, having an office at 1600 Smith Street,
Suite 5000, Houston, Texas 77002 ("Grantee"),
W I T N E S S E T H
WHEREAS, Grantor, as "Grantor" therein, executed and delivered unto
Grantee, as "Grantee" therein, that certain Easement dated as of October 20,
1986 (the "Original Easement"), recorded in Deed Book 3634, Page 59 in the
Hudson County Register's Office, Hudson County, New Jersey, to which Original
Easement and its record reference is here made for all purposes; and
WHEREAS, under the Original Easement, Grantor granted unto Grantee a
non-exclusive access easement and right-of-way over a certain tract of land (the
"Original Access Tract"),
being more particularly described in Exhibit A attached hereto and made a part
hereof for all purposes; and
WHEREAS, Grantor and Grantee desire to amend the Original Easement so
as to change the location of the access easement granted therein;
NOW, THEREFORE, for and in consideration of the premises and mutual
promises contained herein, Grantor and Grantee covenant and agree that,
effective as of the date first above written, the Original Easement shall be
amended by deleting the reference to and description of the Original Access
Tract and replacing it with a reference to and description of that certain tract
of land (the "Revised Access Tract"), being more particularly described in
Exhibit B attached hereto and made a part hereof for all purposes.
In furtherance of the foregoing, Grantor hereby grants, bargains, sells
and conveys unto Grantee and its successors and assigns a non-exclusive easement
and right-of-way over and upon the Revised Access Tract, and Grantee releases
and relinquishes in favor of Grantor any right, title, or interest of Grantee in
or to the Original Access Tract.
Except as specifically provided herein, the Original Easement shall
continue in full force and effect, and Grantor and Grantee ratify, adopt, and
confirm the Original Easement as amended hereby.
IN WITNESS WHEREOF, the Grantor has caused this First Amendment to be
signed and attested by its duly authorized corporate officers on the day and
year first above written.
(SEAL]
ATTEST: BAYONNE INDUSTRIES, INC.
By: /s/ Bertrand F. Artigues By: /s/ Richard B. Jurisich
-------------------------- ------------------------
Name: Bertrand F. Artigues Name: Richard B. Jurisich
Title: Assistant Secretary Title: Vice President
WITNESSES: IMTT-BAYONNE
/s/ Margaret E. Trosclair By: /s/ Richard B. Jurisich
- --------------------------- ----------------------------
Margaret E. Trosclair Name: Richard B. Jurisich
Title: Chief Operating Officer
/s/ Carole F. Blackledge "GRANTOR"
- ---------------------------
Carole F. Blackledge COGEN TECHNOLOGIES NJ VENTURE
By: Cogen Technologies NJ, Inc.,
Managing Venturer
By: /s/ Lawrence Thomas
Name: Lawrence Thomas
Title: Vice President
"GRANTEE"
STATE OF LOUISIANA
PARISH OF ORLEANS
BEFORE ME, the undersigned Notary Public, duly commissioned and
qualified in and for said Parish and State, personally came and appeared RICHARD
B. JURISICH, to me known, who declared and acknowledged to me, Notary and the
undersigned competent witnesses that he is the Vice President of BAYONNE
INDUSTRIES, INC., a New Jersey corporation, that as such duly authorized
officer, by and with the authority of the Board of Directors of said
corporation, he signed and executed the foregoing instrument, as the free and
voluntary act and deed of said corporation, for and on behalf of the said
corporation and for the objects and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal and
the said appearer and the said witnesses have hereunto affixed their signatures
this 28th day of December, 1988.
WITNESSES:
/s/ Margaret E. Trosclair By: /s/ Richard B. Jurisich
- --------------------------- ---------------------------
Margaret E. Trosclair Name: Richard B. Jurisich
Title: Vice President
/s/ Carole F. Blackledge
- ---------------------------
Carole F. Blackledge
/S/ SIGNATURE APPEARS HERE
----------------------------------
NOTARY PUBLIC
STATE OF LOUISIANA
PARISH OF ORLEANS
BEFORE ME, the undersigned Notary Public, duly commissioned and
qualified in and for said Parish and State, personally came and appeared RICHARD
B. JURISICH, to me known, who declared and acknowledged to me, Notary, and the
undersigned competent witnesses that he is the Chief Operating Officer of IMTT-
BAYONNE, that as such duly authorized officer, by and with the authority of the
Partnership Committee of said partnership, he signed and executed the foregoing
instrument, as the free and voluntary act and deed of said partnership, for and
on behalf of the said partnership and for the objects and purposes therein set
forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal and
the said appearer and the said witnesses have hereunto affixed their signatures
this 28th day of December, 1988.
WITNESSES:
/s/ Margaret E. Trosclair By: /s/ Richard B. Jurisich
- --------------------------- -----------------------------
Margaret E. Trosclair Name: Richard B. Jurisich
Title: Chief Operating Officer
/s/ Carole F. Blackledge
- ---------------------------
Carole F. Blackledge
/S/ SIGNATURE APPEARS HERE
----------------------------------
NOTARY PUBLIC
STATE OF NEW YORK
COUNTY OF NEW YORK
BEFORE ME, the undersigned Notary Public, duly commissioned and
qualified in and for said County and State, personally came and appeared
LAWRENCE THOMAS, to me known, who declared and acknowledged to me, Notary, and
the undersigned competent witnesses that he is the Vice President of Cogen
Technologies NJ, Inc. a Delaware corporation, Managing Venturer of COGEN
TECHNOLOGIES NJ VENTURE, a New Jersey general partnership, that as such duly
authorized officer, by and with the authority of the Board of Directors of said
corporation, he signed and executed the foregoing instrument, as the free and
voluntary act and deed of said corporation, for and on behalf of the said
corporation, in said corporation's capacity as Managing Venturer of the
aforementioned partnership, as the voluntary act and deed of said partnership,
for and on behalf of said partnership, and for the objects and purposes therein
set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal and
the said appearer and the said witnesses have hereunto affixed their signatures
this 29th day of December, 1988.
WITNESSES:
/S/ SIGNATURE APPEARS HERE By: /s/ LAWRENCE THOMAS
- ------------------------------- Name: Lawrence Thomas
Title: Vice President
/S/ SIGNATURE APPEARS HERE
- -------------------------------
/S/ SIGNATURE APPEARS HERE
-------------------------------
NOTARY PUBLIC
DESCRIPTION OF A PROPOSED ACCESS EASEMEMT
THROUGH LANDS OF BAYONNE INDUSTRIES
CITY OF BAYONNE, HUDSON COUNTY, NEW JERSEY
BEGINNING at a point in the southerly right-of-way line of East Twenty-second
Street where the same is intersected by the westerly line of lands now or
formerly Southern Cotton Oil Company, as shown an a map entitled "Map Showing
Proposed Access Easement for Bayonne Industries, City of Bayonne, Hudson
County, New Jersey" revised dated October 23, 1986, prepared by Hirth Weidner
Associates and running; thence,
1. South 5 degrees 38' 40.8" West, along said westerly line of lands now or
formerly Southern Cotton Oil Company, distant 248.18 feet to a point;
thence,
2. South 84 degrees 21' 19.2" East, along the southerly line of the aforesaid
Southern Cotton Oil Company, distant 19.87 feet to a point in the easterly
line of a proposed 20 foot wide access easement; thence,
3. South 3 degrees 17' 01" East, along said easterly line, distant 281.10 feet
to a point; thence,
4. South 4 degrees 36' 12" East, continuing along the same, distant 303.68 feet
to a point; thence,
5. South 12 degrees 36' 58" East, still along the same, distant 233.20 feet to
a point; thence,
6. South 6 degrees 27' 25" East, still along the said easterly line of a
proposed 20 foot wide access easement, distant 185.47 feet to a point in the
northerly line of lands now or formerly Bayonne Industries and the southerly
line of the Central Railroad of New Jersey, Constable Hook Branch; thence,
7. North 84 degrees 21' 19" West, along said southerly line of the Central
Railroad of New Jersey, distant 20.46 feet to a point in the westerly line
of the proposed 20 foot wide access easement; thence,
8. North 6 degrees 27' 25" West, along said westerly line, distant 180.10 feet
to a point; thence,
9. North 12 degrees 36' 58" West, still along the same, distant 233.53 feet to
a point; thence,
10. North 4 degrees 36' 12" West, continuing said westerly line, distant 305.31
feet to a point; thence,
11. North 3 degrees 17' 01" West, still along said westerly line of the 20 foot
wide access easement, distant 223.38 feet to a point; thence,
EXHIBIT A
12. North 34 degrees 49' 18" West, distant 161.13 feet to a point in the
easterly line of lands now or formerly Kenrich Petrochemicals, Inc.; thence,
13. North 7 degrees 19' 21.8" East, along said easterly line of lands now or
formerly Kenrich Petrochemicals, Inc., distant 184.69 feet to a point in the
southerly right-of-way Line of Hook Road; thence,
14. South 82 degrees 41' 49.2' East, along said southerly right-of-way line,
distant 20.07 feet to a street line jog; thence,
15. North 5 degrees 38' 40.8" East, distant 1.92 feet to a point in the
southerly right-of-way line of the aforesaid East Twenty-second Street;
thence,
16. South 84 degrees 21' 19.2" East, distant 70.00 feet to the above described
point or place of BEGINNING.
The above description is intended to be an easement having a variable to 20 foot
width which crosses lands of Bayonne Industries from East Twenty-second Street
in a southerly direction to the southerly line of Central Railroad of New
Jersey, Constable Hook Branch, all is shown on the above recited map.
The crossing of the lands of Central Railroad of New Jersey, Constable Hook
Branch by courses 6 and 8 does not imply ownership in said lands and is subject
to crossing agreement cited under Rights and Easements as number 10 on the
aforementioned map.
Revised October 23, 1986
EXHIBIT A
DESCRIPTION OF A PROPOSED 20 FOOT WIDE ACCESS EASEMENT
THROUGH LANDS OF
BAYONNE INDUSTRIES
CITY OF BAYONNE, HUDSON COUNTY, NEW JERSEY
BEGINNING at a point in the southerly right-of-way line of Central Railroad of
New Jersey, Constable Hook Branch, where the same is intersected by the westerly
line of a proposed 20 foot wide access easement, said point of beginning being
the following courses and distances from where the southerly right-of-way line
of Hook Road is intersected by the easterly line of lands now or formerly
Kenrich Petrochemicals, Inc. and from said point running; thence,
A. South 7 degrees 19' 21.8" West, along said easterly line of lands now or
formerly Kenrich Petrochemicals, Inc., distant 184.69 feet to a point;
thence,
B. South 34 degrees 49' 18" East, distant 161.13 feet to a point; thence,
C. South 3 degrees 17' 01" East, distant 223.38 feet to a point; thence,
D. South 4 degrees 36' 12" East, distant 305.31 feet to a point; thence,
E. South 12 degrees 36' 58" East, distant 233.53 feet to a point; thence,
F. South 6 degrees 27' 25" East, distant 180.10 feet to a point and the place
of BEGINNING and running; thence,
1. South 84 degrees 21' 19" East, along said southerly line of the Central
Railroad of New Jersey, Constable Hook Branch, distant 20.46 feet to a
point; thence,
2. South 6 degrees 27' 25" East, along the easterly line of the proposed
easement, distant 40.99 feet to a bend point; thence,
3. South 51 degrees 15' 32" East, distant 167.90 feet to a point; thence,
4. South 88 degrees 43' 55" East, along the northerly line of said access
easement, distant 240.55 feet to a point; thence,
5. South 62 degrees 22' 50" East, continuing along the same, distant 128.36
feet to a point; thence,
6. South 5 degrees 41' 10" West, along the easterly Line of said access
easement, distant 570.09 feet to a point; thence,
7. South 28 degrees 32' 04" East, still along said easterly line of the
proposed Access easement, distant 524.82 feet to a point; thence,
EXHIBIT A
8. South 66 degrees 07' 15" West, distant 29.69 feet to a point in the
easterly. side of a proposed boiler building easement; thence,
9. North 23 degrees 15' 59" West, along said easterly line of said boiler house
lease, distant 20.00 feet to a point; thence,
10. North 66 degrees 07' 15" East, 20 foot offset and parallel with course 8
above, distant 7.78 feet to a point; thence,
11. North 28 degrees 32' 04" West, along the westerly line of proposed access
easement, 20 foot distant and at right angles from course number 7, distant
486.75 feet to a point; thence,
12. South 72 degrees 49' 49" West, along the southerly line of proposed access
easement, distant 195.77 feet to a point; thence,
13. North 22 degrees 10' 53" West, continuing along said access easement,
distant 266.51 feet to a point; thence,
14. North 82 degrees 57' 54" West, along the southerly line of said access
easement, distant 359.51 feet to a point; thence,
15. North 59 degrees 19' 12" West, continuing the same, distant 161.75 feet to a
point; thence,
16. North 75 degrees 44' 18" West, still along said access easement, distant
118.33 feet to a point; thence,
17. North 5 degrees 33' 58" East, along said access easement, distant 50.98 to a
point; thence,
18. South 84 degrees 26' 02" East, along the southerly line of the proposed
lease parcel, distant 20.00 feet to a point, thence,
19. South 5 degrees 33' 58" West, distant 32.56 feet; thence,
20. South 79 degrees 44' 18" East, along the northerly line of the proposed
access easement, distant 103.50 feet to a point; thence,
21. South 59 degrees 19' 12" East, still along said northerly line, distant
161.16 feet to a point; thence,
22. South 82 degrees 57' 54" East, continuing said northerly line, distant
331.80 feet to a point of intersection; thence,
23. North 4 degrees 47' 49" East, along the westerly line of a proposed 20 foot
wide access easement, distant 263.91 feet to a point; thence,
EXHIBIT A
24. North 4 degrees 22' 54" West, continuing the same, distant 155.20
feet to a point in the southwesterly line of said access easement; thence,
25. North 51 degrees 15' 32" West, along the same, distant 144.48 feet to a
point; thence,
26. South 44 degrees 40' 00" West, 181.65 feet to a point in the northeasterly
side of the previously described proposed lease parcel; thence,
27. North 36 degrees 03' 14" West, along said northeasterly line, distant 17.51
feet to a bend point; thence,
28. North 84 degrees 26' 02" West, along the same, distant 3.50 feet to a point
in the northwesterly line of the proposed access easement; thence,
29. North 44 degrees 40' 00" East, along the same, distant 178.96 feet to a
point; thence,
30. North 51 degrees 15' 32" West, still along said access easement, distant
2.89 feet to an angle point; thence,
31. North 6 degrees 27' 25" West, still along the westerly line of the proposed
access easement, distant 53.52 feet to a point in the southerly boundary of
the Central Railroad of New Jersey, Constable Hook Branch; said point being
the above described point or place of BEGINNING.
Excluding there from the following parcel which is totally surrounded by said
access easements as shown on the previously described map beginning a point in a
northerly line of a 20 foot wide access easement where the same is intersected
by the easterly line of 20 foot wide access easement and running; thence,
1. North 4 degrees 47' 49" East, parallel with and distant from course number
23 previously described, distant 266.29 feet to a point; thence,
2. North 4 degrees 22' 54" West, still along the same and parallel with course
number 24 previously described, distant 145.38 feet to a point; thence,
3. South 88 degrees 43' 55" East, parallel with and distant 20 foot from course
number 4 previously described, distant 233.89 feet to a point;
thence,
4. South 62 degrees 22' 50" East, parallel with and 20 foot distant from course
number 5 above, distant 110.17 feet to a point; thence,
5. South 5 degrees 41' 10" West, continuing along the same being 20 foot
distant from and parallel with course number 6 previously described, distant
545.11 feet; thence,
EXHIBIT A
6. South 72 degrees 49' 49" West, parallel with and 20 foot distant from course
number 12 previously described, distant 183.54 feet to a point; thence,
7. North 22 degrees 10' 53" West, 20 foot distant from and parallel with course
number 13 previously described, distant 259.92 feet to a point; thence,
8. North 82 degrees 57' 54" West, parallel with and distant 20 feet at right
angles to course number 14 previously described, distant 15.23 feet to above
described point or place of BEGINNING.
Revised October 23, 1986
EXHIBIT A
BEGINNING at a point in the southerly right-of -way line of East Twenty-second
Street where the same is intersected by the westerly line of lands now or
formerly Southern Cotton Oil Company, as shown on a map entitled "Map Showing
Proposed Access Easement for Bayonne Industries, City of Bayonne, Hudson County,
New Jersey" revised dated October 23, 1986. prepared by Hirth Weidener
Associates and running; thence,
(1) South 5 degrees 38 minutes 40.8 seconds West, along said westerly line of
lands now or formerly Southern Cotton Oil Company, distant 248.18 feet to a
point; thence
(2) South 84 degrees 21 minutes 19.2 seconds East, along the southerly line of
the aforesaid Southern Cotton Oil Company, distant 19.87 feet to a point in the
easterly line of a proposed 20 foot wide access easement; thence,
(3) South 3 degrees 17 minutes 01 seconds East, along said easterly line,
distant 281.10 feet to a point; thence,
(4) South 4 degrees 36 minutes 12 seconds East, continuing along the same,
distant 303.68 feet to a point; thence.
(5) South 12 degrees 36 minutes 58 seconds East, still along the same, distant
233.20 feet to a point; thence.
(6) South 6 degrees 27 minutes 25 seconds East, still along the said easterly
line of a proposed 20 foot wide access easement, distant 185.47 feet to a point
in the northerly Line of lands now or formerly Bayonne Industries and the
southerly line of the Central Railroad of New Jersey, Constable Hook Branch;
thence,
(7) North 84 degrees 21 minutes 19 seconds West, along said southerly line of
the Central Railroad of New Jersey, distant 20.46 feet to a point in the
westerly line of the proposed 20 foot wide access easement; thence,
(8) North 6 degrees 27 minutes 25 seconds West, along said westerly line,
distant 180.10 feet to a point; thence,
EXHIBIT B
(9) North 12 degrees 36 minutes 58 seconds West, still along the same, distant
233.53 feet to a point; thence,
(10) North 4 degrees 36 minutes 12 seconds West, continuing said westerly line,
distant 305.31 feet to a point; thence,
(11) North 3 degrees 17 minutes 01 seconds West, still along said westerly line
of the 20 foot wide access easement, distant 223.38 feet to a point; thence,
(12) North 34 degrees 49 minutes 18 seconds West, distant 161.13 feet to a point
in the easterly line of lands now or formerly Kenrich Petrochemicals, Inc.;
thence,
(13) North 7 degrees 19 minutes 21.8 seconds East, along said easterly line of
lands now or formerly Kenrich Petrochemicals, Inc., distant 184.69 feet to a
point in the southerly right-of-way line of Hook Road; thence.
(14) South 82 degrees 41 minutes 49.2 seconds East, along said southerly right-
of-way line, distant 20.07 feet to a street line jog; thence,
(15) North 5 degrees 38 minutes 40.8 seconds East, distant 1.92 feet to a point
in the southerly right-of-way line of the aforesaid East Twenty-second Street;
thence,
(16) South 84 degrees 21 minutes 19.2 seconds East, distant 70.00 feet to the
above described point or place of BEGINNING.
THE above description is intended to be an easement having a variable to 20
foot width which crosses lands of Bayonne Industries from East Twenty-second
Street in a southerly direction to the southerly Line of Central Railroad of New
Jersey, Constable Hook Branch, all is shown on the above recited map.
THE crossing of the lands of Central Railroad of New Jersey, Constable Hook
Branch by courses 6 and 8 does not imply ownership in said land and is subject
to crossing agreement cited under Rights and Easements as number 10 on the
aforementioned map. Revised October 23, 1986.
EXHIBIT B
DESCRIPTION OF A PROPOSED ACCESS EASEMENT
THROUGH LANDS OF
BAYONNE INDUSTRIES
CITY OF BAYONNE, HUDSON COUNTY, NEW JERSEY
BEGINNING at a point in the southerly right-of-way line of Central Railroad of
New Jersey, Constable Hook Branch, where the same is intersected by the westerly
line of a proposed access easement, said point of beginning being the following
courses and distances from where the southerly right-of-way line of Hook Road is
intersected by the easterly line of lands now or formerly Kenrich
Petrochemicals, Inc. and from said point running; thence.
A. South 7 degrees 19' 21.8" West, along said easterly line of lands nor or
formerly Kenrich Petrochemicals, Inc. distant 184.69 feet to a point;
thence,
B. South 34 degrees 49' 18" East, distant 161.13 feet to a point; thence,
C. South 3 degrees 17' 01" East, distant 223.38 feet to a point; thence,
D. South 4 degrees 36' 12" East, distant 305.31 feet to a point; thence,
E. South 12 degrees 36' 58" East, distant 233.53 feet to a point; thence,
F. South 6 degrees 27' 25" East, distant 180-10 feet to a point and the place
of BEGINNING and running; thence,
1. South 6 degrees 27' 25" East, along the easterly line of the said proposed
access easement, 26.96 feet to a point; thence,
2. South 34 degrees 36' 14" West, continuing along the easterly line of said
proposed access easement, 14.77 feet to a point on a curve to the right;
thence,
3. Along a nontangent curve to the right having a chord bearing South 67
degrees 47' 46" West, a chord length of 46.82 feet, a radius of 37.78
feet, an arc length of 50.49 feet, to a point; thence,
4. North 81 degrees 21' 30" West, along the southerly line of said proposed
access easement, 319.40 feet to a point of curvature; thence,
EXHIBIT B
5. Along a nontangent curve to the left, having a chord bearing of South 66
degrees 24' 31" West, a chord length of 60.84 feet, a radius of 52.01 feet,
an arc length of 64.99 feet to a point; thence,
6. South 10 degrees 47' 52" West, distant 24.28 feet to a point on the
northerly line of a proposed lease area, containing 4.463 acres as shown on
a map entitled "Proposed Access Easement and Lease Area for Cogen
Technologies/New Jersey Venture" dated as revised December 20, 1988 and
prepared by Hirth Weidener Associates; thence,
7. North 84 degrees 26' 02" West, along said northerly line, 23.14 feet to a
point; thence,
8. North 2 degrees 29' 37" East, departing said northerly line, 19.61 feet to
a point; thence,
9. Along a nontangent curve to the right, having a chord bearing of North 60
degrees 10' 57" East, a chord length of 101.61 feet, a radius of 72.74
feet, an arc length of 112.49 feet, to a point; thence,
10. South 81 degrees 04' 02" East, along the northerly line of said proposed
access easement, 286.32 feet to a point; thence,
11. Along a nontangent curve to the left having a chord bearing of North 80
degrees 18' 53" East, a chord length of 34.50 feet, a radius of 33.71 feet,
an arc length of 36.22 feet to a point; thence,
12. North 45 degrees 31' 12" East, 35.38 feet to a point in the southerly line
of Central Railroad of New Jersey, Constable Hook Branch; thence,
13. South 84 degrees 21' 19" East, along the said southerly line of Central
Railroad of New Jersey, Constable Hook Branch, 16.78 feet to the point and
place of BEGINNING.
December 1988
EXHIBIT B
DESCRIPTION OF A PROPOSED 20 FOOT WIDE ACCESS
EASEMENT
THROUGH LANDS OF
BAYONNE INDUSTRIES
CITY OF BAYONNE, HUDSON COUNTY, NEW JERSEY
BEGINNING at a point in the southerly right-of-way line of Central Railroad of
New Jersey, Constable Hook Branch, where the same is intersected by the westerly
line of a proposed 20 foot wide access easement, said point of beginning being
the following courses and distances from where the southerly right-of-way line
of Hook Road is intersected by the easterly line of lands now or formerly
Kenrich Petrochemicals, Inc. and from said point running; thence.
A. South 7 degrees 19' 21.8" West, along said easterly line of lands now or
formerly Kenrich Petrochemicals, Inc. distant 184.69 feet to a point;
thence,
B. South 34 degrees 49' 18" East, distant 161.13 feet to a point; thence,
C. South 3 degrees 17' 01" East, distant 223.38 feet to a point; thence,
D. South 4 degrees 36' 12" East, distant 305.31 feet to a point; thence,
E. South 12 degrees 36' 58" East, distant 233.53 feet to a point; thence,
F. South 6 degrees 27' 25" East, distant 180.10 feet to a point and the place
of BEGINNING and running; thence,
1. South 84 degrees 21' 19" East, along said southerly line of the Central
Railroad of New Jersey, Constable Hook Branch, distant 20.46 feet to a
point; thence,
2. South 6 degrees 27' 25" East, along the easterly line of the proposed
easement, distant 40.99 feet to a bend point; thence,
3. South 51 degrees 15' 32" East, distant 167.90 feet to a point; thence,
4. South 88 degrees 43' 55" East, along the northerly line of said access
easement, distant 240.55 feet to a point; thence,
5. SOUTH 62 degrees 22' 50" East, continuing along the same, distant 128.36
feet to a point; thence,
EXHIBIT B
6. South 5 degrees 41' 10" West, along the easterly line of said access
easement, distant 570.09 feet to a point; thence,
7. South 28 degrees 32' 04" East, still along said easterly line of the
proposed access easement, distant 524.82 feet to a point; thence,
8. South 66 degrees 07' 15" West, distant 29.69 feet to a point in the
easterly side of a proposed boiler building easement; thence,
9. North 23 degrees 15' 59" West, along said easterly line of said boiler
house lease, distant 20.00 feet to a point; thence,
10. North 66 degrees 07' 15" East, 20 foot offset and parallel with course 8
above, distant 7.78 feet to a point; thence,
11. North 28 degrees 32' 04" West, along the westerly line of proposed access
easement, 20 foot distant and at right angles from course number 7, distant
486.75 feet to a point; thence,
12. South 72 degrees 49' 49" West, along the southerly line of proposed access
easement, distant 195.77 feet to a point; thence,
13. North 22 degrees 10' 53" West, continuing along said access easement,
distant 266.51 feet to a point; thence,
14. North 82 degrees 57' 54" West, along the southerly line of said access
easement, parallel with and 20 foot distant from course number 5, distant
22.74 feet to a point; thence,
15. North 4 degrees 47' 49" East, along the westerly line of a proposed 20 foot
wide access easement, distant 283.92 feet to a point; thence,
16. North 4 degrees 22' 54" West, continuing the same, distant 155.20 feet to a
point in the southwesterly line of said access easement; thence,
17. North 51 degrees 15' 32" West, along the same distant 167.47 feet to a
point; thence,
18. North 6 degrees 27' 25" West, still along the westerly line of the proposed
access easement, distant 53.52 feet to a point in the southerly boundary of
the Central Railroad of New Jersey, Constable Hook Branch; said point being
the above described point or place of BEGINNING.
EXHIBIT B
Excluding there from the following parcel which is totally surrounded by said
access easements as shown on the previously described map beginning at a point
in a northerly line of a 20 foot wide access easement where the same is
intersected by the easterly line of 20 foot wide access easement and running;
thence,
1. North 4 degrees 47' 49" East, parallel with and distant 20 feet from
course number 23 previously described, distant 266.29 feet to a point;
thence,
2. North 4 degrees 22' 54" West, still along the same and parallel with
course number 24 previously described, distant 145.38 feet to a point;
thence,
3. South 88 degrees 43' 55" East, parallel with and distant 20 foot from
course number 4 previously described, distant 233.89 feet to a point;
thence,
4. South 62 degrees 22' 50" East, parallel with and 20 foot distant from
course number 5 above, distant 110.17 feet to a point; thence,
5. South 5 degrees 41' 10" West, continuing along the same being 20 foot
distant from and parallel with course number 6 previously described,
distant 545.11 feet; thence,
6. South 72 degrees 49' 49" West, parallel with and 20 foot distant from
course number 12 previously described, distant 183.54 feet to a point;
thence,
7. North 22 degrees 10' 53" West, 20 foot distant from and parallel with
course number 13 previously described, distant 259.92 feet to a point;
thence,
8. North 82 degrees 57' 54" West, parallel with and distant 20 feet at right
angles to course number 14 previously described, distant 15.23 feet to the
above described point or place of BEGINNING.
Revised December 1988
EXHIBIT B
BEGINNING at a point in the most southwesterly corner of the here described
parcel, said point being 741.86 feet as measured at right angles from the
bulkhead line located along the Kill van Kull and from said point running;
thence,
(1) North 23 degrees 15 minutes 59 seconds West, along the most westerly line of
the herein described tract, distant 155.81 feet to a point; thence,
(2) North 66 degrees 41 minutes 01 seconds East, along the northerly line of
said parcel, distant 98.30 feet to a point, said point being distant 456.52 feet
as measured at right angles from the easterly line of the overall tract; thence,
(3) South 23 degrees 15 minutes 59 seconds East, along said easterly line of the
herein described parcel, distant 155.81 feet to a point; thence,
(4) South 66 degrees 44 minutes 01 seconds West, along the southerly line of the
herein described parcel, distant 98.30 feet to the above described point or
place of BEGINNING.
THE above description is for a parcel of land 155.81 x 98.30 feet in which is
contained a boiler house building. Specifically excluded from said lease are
portions of the first and second floor which are to remain in the control of the
leasor.
EXHIBIT B