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HomeMy WebLinkAboutC2018-482 - 6/22/2018 - NA STATE OF TEXAS § Iv)) I COUNTY OF NUECES § AMENDMENT TO MEMORANDUM OF RECORD a NOTICE OF AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT NO. 15 This Amendment to Memorandum of Record/Notice of Amendment to Industrial District Agreement No. 15 (this "Memorandum Amendment") is entered into as of the Effective Date (as defined below) between Valero Refining-Texas, L.P., a Texas limited partnership ("Valero"), and the City of Corpus Christi, Texas, a Texas home-rule municipal corporation of Nueces County, Texas (the "City"). This Memorandum Amendment relates that certain Industrial District Agreement No. 15 (the "Original IDA") dated March 26, 2014, between Valero and the City, covering the Land and Improvements (as each such term is defined in the Original IDA) described therein located in Nueces County, Texas (collectively, the "Original Property"). Rather than recording the Original IDA in the real property records of Nueces County, Texas, the parties recorded that certain Memorandum of Record/Notice of Industrial District Agreement No. 15 ("Original Memorandum"), dated March 26, 2014, signed the City and recorded as Document #2014029657 in the Official Public Records of Nueces County, Texas, to provide notice of the Original IDA. As of the Effective Date, the parties entered into a certain Amendment to Industrial District Agreement No. 15 ("IDA Amendment"), which amends the original IDA. Rather than recording the IDA Amendment in the real property records of Nueces County, Texas, the parties have entered into this Memorandum Amendment and recorded it in the real property records of Nueces County, Texas. This Memorandum Amendment is executed and recorded in the real property records of Nueces County, Texas to provide notice that the Original IDA was amended by the IDA Amendment to add the land described in Exhibit A attached hereto and incorporated herein for all purposes (with the geographic ID numbers designated by the Nueces County Appraisal District shown on Exhibit A), together with all improvements located thereon (collectively, the "New Property"). The IDA Amendment provides that, effective as the Effective Date, (i) the New Property is added to the property covered by the Original IDA, and the Original IDA, as amended by the IDA Amendment, shall cover both the Original Property and the New Property; and (ii) the Land and Improvements, as such terms are defined in the Original IDA, shall include the land and improvements consisting of the Original Property and the New Property. The IDA Amendment provides that the Original IDA, as amended by the IDA Amendment, and the Original Memorandum, as amended by this Memorandum Amendment, shall be the sole Industrial District Agreement and related memorandum governing the New Property. The IDA Amendment further provides that (i) any and all other Industrial District Agreements, including without limitation any and all Memoranda recorded in the real property records of Nueces County, Texas relating thereto, between the City and the then-owner(s) of the New Property, covering the New Property or any portion thereof, have either expired or been terminated for all purposes; and (ii) without limiting the foregoing, (a) the following agreements (including any and all memoranda related thereto) have expired for all purposes: Industrial District Agreement dated September 25, 1984, between the City and Navigation Fuel & Scale Co., Inc., recorded as Document #452877, Volume 1981, Page 339, Deed Records of Nueces County, Texas; Industrial District Agreement dated February 2, 1990, between the City and the Estate of Marian Brennan, recorded as Document #707311, Volume 2200, Page 96, Deed Records of Nueces County, Texas; and (b) the following agreements (including any and all memoranda related thereto) have been terminated for all purposes: Memorandum of Record/Notice of Industrial District Agreement No. 55 between the City and Buckv's Navigation Inc., dated February 5, 2014, recorded as Document #2014029681, Official C2018-482 ounty, Texas; and Industrial District Agreement No. 55, dated February 5, 6/22/18 ucky's Navigation Inc. Valero Refining-Texas LP SCANNED The IDA Amendment contains additional provisions not contained in this Memorandum Amendment. An original of the IDA Amendment is on file in the offices of Valero and the offices of the City Secretary at Corpus Christi City Hall, copies of which are available upon request from such City Secretary. This Memorandum Amendment is executed and recorded to serve as notice of the existence of the IDA Amendment and the terms, provisions, and conditions contained therein. In the event of any conflict between the terms of this Memorandum Amendment and the terms of the IDA Amendment, the terms of the IDA Amendment shall control. This Memorandum Amendment shall be effective on the date of its recording in the real property records of Nueces County, Texas (the"Effective Date"). This Memorandum Amendment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute but one instrument. [signatures contained on next page] 2 IN WITNESS WHEREOF, this Memorandum Amendment is entered into as of the Effective Date referenced above. VALERO: Valero Refining-Texas, L.P., a Texas limited partnership By: Valero Tejas Company LLC, a Delaware limited APPROVED liability company, its general partner LEGAL LG By: � . Name: p.Mtr V, Title: ‘nC,F Qtt.,t`3M ATTEST: CITY: I1LV! E City of Corpus Christi 1t4.10er t., L'llne„J z. , City Secretary By: , Name: w.4.4,1 e.1 - SC,1w.wi Title: .Lert,:nom C• (Y'&- Se-' LEGAL FORM APPROVED this VI_ day of 3ti,,,e , 2018: aUlf[AA-A, eziwt--1160 jee. 1°�lcwr- , Assistant City Attorney FOR CITY ATTORNEY 3 STATE OF TEXAS § COUNTY OF BEXAR § 33 This instrument was acknowledged before me on the 18 day of .�Vn�, , 2018, by cS V A-t,L , as V Kt (k€SvO - of Valero Tejas Company LLC, a Delaware limited liability company, genera partner of Valero R fining-Texas, L.P., a Texas limited partnership, on behalf of said entities. I. ).0 /� Dj Nota ublic in and for the State of Texas My Commission Expires: �:i�`' APRIL DELEON r � Notary Public *%,„(4* STATE OF TEXAS " ilb4)$' My Comm.Exp.06/11/2022 OF ID*129814873 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the PAay of , 2018, by 'i vvat.tt IE-•et5n+ Sc1440- , as lAnkitin G;`'1 Ylnc.ow., of the City of rpus Christi, Texas, a Texas home-rule municipal corporation of Nueces County, Texas, on behalf of said municipal corporation. Notary Public in and forjrie Sta of Texas My Commission Expires: Vkaie.4k,C ?-tea' My NotaryD#1 8579 5 Attachment: Expo March 2(182 Exhibit A After recording, return to: Valero Refining-Texas, L.P. One Valero Way San Antonio, TX 78249 Attn: Real Estate Dept. FIRST TITLE eoMr ANY 200 Alister Street South Suite B Port Aransas, TX 78373 (361 4k48Z :3as 4 EXHIBIT A Geographic ID Numbers Designated by Nueces County Appraisal District: 0955-0000-0010 0955-0000-0020 0955-0000-0025 8974-0000-0010 Legal Description —2.842 acre tract BEING A 2.842 ACRE TRACT OF LAND, MORE OR LESS, CONSISTING OF LOTS ONE (1)AND TWO (2), ROBERT BRENNAN INDUSTRIAL AREA, AS SHOWN ON PLAT RECORDED IN VOLUME 25, PAGE 89, MAP RECORDS OF NUECES COUNTY, TEXAS, AND LOT ONE (1), UP RIVER ROAD TRACT, AS SHOWN ON PLAT RECORDED IN VOLUME 28, PAGE 7, MAP RECORDS OF NUECES COUNTY, TEXAS, AND FURTHER DESCRIBED IN DEED TO BUCKY'S NAVIGATION, INC., A TEXAS CORPORATION, RECORDED IN DOCUMENT NO. 1996028617, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.R.N.C.T.), SAID 2.842 ACRE TRACT IS SITUATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF NAVIGATION BOULEVARD AND UP RIVER ROAD, IN NUECES COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 5/8-INCH IRON ROD FOR THE SOUTHWEST CORNER OF A CALLED 81.974 ACRE TRACT OF LAND, DESCRIBED IN DEED TO VALERO REFINING-TEXAS, L.P. AS TRACT 6-WEST PLANT IN DOCUMENT NO. 2003010682, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, BEING IN THE NORTH LINE OF UP RIVER ROAD FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTHWESTERLY, ALONG THE NORTH LINE OF UP RIVER ROAD AS FOLLOWS: NORTH 75°52'38"WEST, A DISTANCE OF 151.63 FEET, TO A SET MAG NAIL IN ASPHALT; NORTH 77°46'38"WEST, A DISTANCE OF 43.53 FEET, TO A SET MAG NAIL IN ASPHALT; SOUTH 06°21'38" EAST, A DISTANCE OF 10.55 FEET, TO AN ANGLE IN SAID NORTH LINE, FROM WHICH A FOUND 1/2-INCH IRON ROD BEARS: NORTH 21°30' EAST-0.63 FEET; NORTH 77°46'40"WEST, A DISTANCE OF 206.79 FEET, TO A SET 1/2-INCH IRON ROD WITH CAP MARKED"TOPOGRAPHIC", AT THE INTERSECTION OF THE NORTH LINE OF UP RIVER ROAD AND EAST LINE OF NAVIGATION BOULEVARD, FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTHEASTERLY, ALONG THE EAST LINE OF NAVIGATION BOULEVARD AS FOLLOWS: NORTH 09°23'00" EAST, A DISTANCE OF 46.28 FEET, TO A SET MAG NAIL, AT THE START OF A CURVE TO THE RIGHT; NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT: RADIUS=932.64 FEET, CHORD BEARING AND DISTANCE OF NORTH 18°41'16" EAST, A DISTANCE OF 307.02 FEET, FOR AN ARC DISTANCE OF 308.42 FEET, TO A MAG NAIL SET; FROM WHICH A FOUND 1/2-INCH IRON ROD BEARS: SOUTH 34°22' EAST- 1.01 FEET; NORTH 28°47'49" EAST, A DISTANCE OF 92.94 FEET, TO THE NORTHWEST CORNER OF THIS TRACT, FROM WHICH A FOUND 5/8-INCH IRON ROD BEARS: SOUTH 04°44'WEST-2.13 FEET; THENCE SOUTH 06°11'21" EAST, ALONG THE EAST LINE OF SAID LOT 1, ROBERT BRENNAN INDUSTRIAL AREA, A DISTANCE OF 65.09 FEET, TO A SET 1/2-INCH IRON ROD WITH CAP MARKED"TOPOGRAPHIC", FOR THE NORTHWEST CORNER OF SAID LOT 1, UP RIVER ROAD TRACT; THENCE SOUTH 77°48'28" EAST, ALONG THE NORTH LINE OF LOT 1, UP RIVER ROAD TRACT, A DISTANCE OF 39.83 FEET; 5 THENCE SOUTH 75°45'55" EAST, CONTINUING ALONG THE NORTH LINE OF SAID LOT 1, UP RIVER TRACT, A DISTANCE OF 156.08 FEET, TO A SET 1/2-INCH IRON ROD WITH CAP MARKED "TOPOGRAPHIC", IN THE WEST LINE OF A VALERO REFINING-TEXAS, L.P., CALLED 1.279 ACRE TRACT, RECORDED IN VOLUME 2327, PAGE 543. O.R.N.C.T., FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 06°17'56" EAST, ALONG THE EAST LINE OF THIS TRACT, AND WEST LINE OF THE PREVIOUSLY MENTIONED VALERO REFINING-TEXAS, L.P., 1.279 AND 81.974 ACRE TRACTS, A DISTANCE OF 388.29 FEET, TO THE PLACE OF BEGINNING CONTAINING 2.842 ACRES OF LAND. 6 E-recording Report of Recorded Documents Itemized Fee View Prepared for: First Title Company- Port Aransas Branch (TXTMDR) Cost center: Port Aransas Branch Report generated:07/17/2018 01:37 PM MDT Documents Recorded NAME TYPE PG ENTRY RECORD DATE SF AMT SALES TOTAL PROCESSED TAX Nueces County,TX Jul 17,2018 3003255 SEC-Recording Package Amendment to MISCELLANEOUS 7 E 07/17/2018 02:21 Submission 4.00 Recording 31.00 SalesTax on 0.26 Mal 07/17/2018 Memorandum ID Agr 15 2018030929 PM CDT Fee Fee Submission Fee 4.00 31.00 0.26 35.26 4.00 31.00 0.26 35.26 Totals for Nueces County,TX 4.00 31.00 0.26 35.26 Recording Fee Totals COUNTY RECORD DATE SF AMT SALES TOTAL TAX Nueces County,TX 07/17/2018 4.00 31.00 0.26 35.26 Totals for Nueces County,TX 4.00 31.00 0.26 35.26 Total of All Recording Fees 4.00 31.00 0.26 35.26 Document Count: 1 Package Count: 1 Questions Contact: Simplifile Support 800.460.5657, option 3 5072 North 300 West Provo, UT 84604 AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT NO. 15 This Amendment to Industrial District Agreement No. 15 (this "Amendment") is entered into as of the Effective Date (as defined below), between Valero Refining-Texas, L.P., a Texas limited partnership ("Valero"), and the City of Corpus Christi, Texas, a Texas home-rule municipal corporation of Nueces County, Texas (the "City"). Recitals A. On or about March 26, 2014, Valero and the City entered into a certain Industrial District Agreement No. 15 ("Agreement") with regard to the Land and Improvements (as each such term is defined in the Agreement) described therein (the Land and Improvements covered by the Agreement are collectively referred to herein as the "Original Property"), under which, among other things, the City agreed to certain covenants and agreements relating to immunity from annexation and relating to compliance with certain City rules and regulations and Valero agreed to make certain payments in lieu of ad valorem taxes, for the term described therein, pursuant to the terms and conditions and all as more particularly described in the Agreement; B. In connection with the Agreement, a Memorandum of Record/Notice of Industrial District Agreement No. 15 ("Original Memorandum"), dated March 26, 2014, was signed by the City and recorded as Document#2014029657 in the Official Public Records of Nueces County, Texas; C. Valero has contracted with the landowner to purchase a certain approximately 2.842 acre parcel of land (including the improvements situated thereon) located in Nueces County, Texas, more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (with the geographic ID numbers designated by the Nueces County Appraisal District shown on Exhibit A) (such land and improvements collectively referred to herein as the "New Property"), and has requested that the City agree to add the New Property to the property covered by the Agreement, so that, upon the closing of Valero's purchase of the New Property, the New Property (as well as the Original Property) will be subject to the terms and conditions of the Agreement; and D. The City has agreed to Valero's request, and the parties have agreed to amend the terms of the Agreement and the Original Memorandum, as more particularly described below. Agreement NOW THEREFORE, for and in consideration of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are incorporated herein for all purposes. 2. Amendment. The Agreement is amended as follows: Effective as the Effective Date, the New Property is hereby added to the property covered by the Agreement, and the Agreement shall cover both the Original Property and the New Property. The Land and Improvements, as such terms are defined in the Agreement, shall include the land and improvements consisting of the Original Property and the New Property. 3. Ratification. Except as expressly provided herein, the terms of the Agreement are hereby confirmed and ratified as originally provided. 4. Memorandum. This Amendment shall not be recorded. Instead, contemporaneously with the execution of this Amendment, the parties shall also execute an Amendment to Memorandum of Record/Notice of Amendment to Industrial District Agreement No. 15 ("Memorandum Amendment") which shall be recorded in the real property records of Nueces County, Texas, as described in Paragraph 6 below and subject to the terms of said Paragraph 6. 5. Termination of Prior Industrial District Agreements (and Related Memoranda) Affecting New Property. Effective on the Effective Date, the Agreement, as amended hereby, and the Original 1 Memorandum, as amended by the Memorandum Amendment(defined above), shall be the sole Industrial District Agreement and related memorandum governing the New Property. Any and all other Industrial District Agreements, including without limitation any and all memoranda recorded in the real property records of Nueces County, Texas relating thereto, between the City and the then-owner(s) of the New Property, covering the New Property or any portion thereof, have either expired or been terminated for all purposes. Without limiting the foregoing, the following agreements (including any and all memoranda related thereto) have expired for all purposes: Industrial District Agreement dated September 25, 1984, between the City and Navigation Fuel & Scale Co., Inc., recorded as Document#452877, Volume 1981, Page 339, Deed Records of Nueces County, Texas; Industrial District Agreement dated February 2, 1990, between the City and the Estate of Marian Brennan, recorded as Document #707311, Volume 2200, Page 96, Deed Records of Nueces County, Texas; and the following agreements (including any and all memoranda related thereto) have been terminated for all purposes: Memorandum of Record/Notice of Industrial District Agreement No. 55 between the City and Bucky's Navigation Inc., dated February 5, 2014, recorded as Document#2014029681, Official Public Records of Nueces County, Texas; and Industrial District Agreement No. 55, dated February 5, 2014, between the City and Bucky's Navigation Inc. 6. Effective Date. This Amendment shall be effective on the later of the date that Valero closes on its purchase of the New Property and the date that the Memorandum Amendment is recorded in the real property records of Nueces County, Texas (the "Effective Date"). Promptly on or after the date that Valero closes on its purchase of the New Property, Valero shall cause the Memorandum Amendment to be recorded in the real property records of Nueces County, Texas and provide the City with a copy of the recorded Memorandum Amendment. Notwithstanding any provision to the contrary contained herein, if Valero does not close on its purchase of the New Property for any reason, then Valero shall send the City written notice thereof, and this Amendment and the Memorandum Amendment shall be null and void and of no further force or effect. 7. Multiple Counterparts. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute but one instrument. [signatures contained on next page] 2 IN WITNESS WHEREOF, this Amendment is entered into effective as of the Effective Date defined above. VALERO: Valero Refining-Texas, L.P., a Texas limited partnership By: Valero Tejas Company LLC, a Delaware limited liability company, its general partner APPROVED LEGAL C— By: Name:—, At,t% V. S (,L Title: li N C,E . ( ,P ATTEST,,: CITY: L �K � 1 LIQ City of Corpus Chr ti , City Secretary /WAY' A/ By: J. �//�/_ ��i%//.�// /d_ A Name:Sk.nnwcA ch.% 1 wta..n Title: 54n'K'rt CAA YYtw.451-A, LEGAL FORM APPROVED this tal day of 5&vie, , 2018: AA.Z 0120/w—--le,w1 Rtrnee. rt`tirr-12W Assistant City Attorney FOR CITY ATTORNEY 3 EXHIBIT A Geographic ID Numbers Designated by Nueces County Appraisal District: 0955-0000-0010 0955-0000-0020 0955-0000-0025 8974-0000-0010 Legal Description—2.842 acre tract BEING A 2.842 ACRE TRACT OF LAND, MORE OR LESS, CONSISTING OF LOTS ONE (1)AND TWO (2), ROBERT BRENNAN INDUSTRIAL AREA, AS SHOWN ON PLAT RECORDED IN VOLUME 25, PAGE 89, MAP RECORDS OF NUECES COUNTY, TEXAS, AND LOT ONE (1), UP RIVER ROAD TRACT, AS SHOWN ON PLAT RECORDED IN VOLUME 28, PAGE 7, MAP RECORDS OF NUECES COUNTY, TEXAS, AND FURTHER DESCRIBED IN DEED TO BUCKY'S NAVIGATION, INC., A TEXAS CORPORATION, RECORDED IN DOCUMENT NO. 1996028617, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.R.N.C.T.), SAID 2.842 ACRE TRACT IS SITUATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF NAVIGATION BOULEVARD AND UP RIVER ROAD, IN NUECES COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 5/8-INCH IRON ROD FOR THE SOUTHWEST CORNER OF A CALLED 81.974 ACRE TRACT OF LAND, DESCRIBED IN DEED TO VALERO REFINING-TEXAS, L.P. AS TRACT 6-WEST PLANT IN DOCUMENT NO. 2003010682, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, BEING IN THE NORTH LINE OF UP RIVER ROAD FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTHWESTERLY, ALONG THE NORTH LINE OF UP RIVER ROAD AS FOLLOWS: NORTH 75°52'38"WEST, A DISTANCE OF 151.63 FEET, TO A SET MAG NAIL IN ASPHALT; NORTH 77°46'38"WEST, A DISTANCE OF 43.53 FEET, TO A SET MAG NAIL IN ASPHALT; SOUTH 06°21'38" EAST, A DISTANCE OF 10.55 FEET, TO AN ANGLE IN SAID NORTH LINE, FROM WHICH A FOUND 1/2-INCH IRON ROD BEARS: NORTH 21°30' EAST- 0.63 FEET; NORTH 77°46'40"WEST, A DISTANCE OF 206.79 FEET, TO A SET 1/2-INCH IRON ROD WITH CAP MARKED"TOPOGRAPHIC", AT THE INTERSECTION OF THE NORTH LINE OF UP RIVER ROAD AND EAST LINE OF NAVIGATION BOULEVARD, FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTHEASTERLY, ALONG THE EAST LINE OF NAVIGATION BOULEVARD AS FOLLOWS: NORTH 09°23'00" EAST, A DISTANCE OF 46.28 FEET, TO A SET MAG NAIL, AT THE START OF A CURVE TO THE RIGHT; NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT: RADIUS=932.64 FEET, CHORD BEARING AND DISTANCE OF NORTH 18°41'16" EAST, A DISTANCE OF 307.02 FEET, FOR AN ARC DISTANCE OF 308.42 FEET, TO A MAG NAIL SET; FROM WHICH A FOUND 1/2-INCH IRON ROD BEARS: SOUTH 34°22' EAST- 1.01 FEET; NORTH 28°47'49" EAST, A DISTANCE OF 92.94 FEET, TO THE NORTHWEST CORNER OF THIS TRACT, FROM WHICH A FOUND 5/8-INCH IRON ROD BEARS: SOUTH 04°44'WEST-2.13 FEET; THENCE SOUTH 06°11'21" EAST, ALONG THE EAST LINE OF SAID LOT 1, ROBERT BRENNAN INDUSTRIAL AREA, A DISTANCE OF 65.09 FEET, TO A SET 1/2-INCH IRON ROD WITH CAP MARKED"TOPOGRAPHIC", FOR THE NORTHWEST CORNER OF SAID LOT 1, UP RIVER ROAD TRACT; THENCE SOUTH 77°48'28" EAST, ALONG THE NORTH LINE OF LOT 1, UP RIVER ROAD TRACT, A DISTANCE OF 39.83 FEET; 4 THENCE SOUTH 75°45'55" EAST, CONTINUING ALONG THE NORTH LINE OF SAID LOT 1, UP RIVER TRACT, A DISTANCE OF 156.08 FEET, TO A SET 1/2-INCH IRON ROD WITH CAP MARKED "TOPOGRAPHIC", IN THE WEST LINE OF A VALERO REFINING-TEXAS, L.P., CALLED 1.279 ACRE TRACT, RECORDED IN VOLUME 2327, PAGE 543. O.R.N.C.T., FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 06°17'56" EAST, ALONG THE EAST LINE OF THIS TRACT, AND WEST LINE OF THE PREVIOUSLY MENTIONED VALERO REFINING-TEXAS, L.P., 1.279 AND 81.974 ACRE TRACTS, A DISTANCE OF 388.29 FEET, TO THE PLACE OF BEGINNING CONTAINING 2.842 ACRES OF LAND. 5