Document 7OONqVmVpm77nyER44ER4onJa

DOC# <972*942 SPECIAL WARRANTY DEED THIS INDENTURE, made as of the 8th day of August, 1995, between SOUTHWESTERN REFINING COMPANY, INC., a Delaware corporation, with its principal offices at 1700 Nueces Bay Blvd., City of Corpus Christi, County of Nueces, State of Texas ("Seller"), to KOCH EXPLORATION COMPANY, a Kansas corporation, with its principal offices at 4111 East 37th Street North, City of Wichita, County of Sedgwick, State of Kansas ("Purchaser"), ffillNESSEXH: For and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by Purchaser, the receipt and sufficiency of which is hereby acknowledged. Seller has granted, sold and conveyed and by these presents does grant, sell, and convey unto the Purchaser, and to its successors and assigns, forever; ALL those tracts or parcels of land and premises, situated, lying and being in the City of Corpus Christi, County of Nueces, and State of Texas, hereinafter particularly described in Exhibit A annexed hereto and incorporated herein by reference; TOGETHER with all and singular the fixtures, improvements, ways, waters, profits, privileges and advantages, with the appurtenances to the same belonging in anywise appertaining; ALSO, all the estate, right, title, interest, property, claim and demand whatsoever, of the Seller, of, in and to the same, and of, in and to every part and parcel thereof (collectively the "Property"); SUBJECT to the following (all such items to which this conveyance is subject are herein called "Permitted Encumbrances"): (a) Liens for Taxes not yet due and payable, or if due, being contested in good faith by appropriate proceedings; (b) Rights reserved to or vested in any governmental authority to control or regulate the Property; and (c) Such other encumbrances that do not interfere with the present use of the Property or detract from the value of the Property as it is presently used. TO HAVE AND TO HOLD all and singular the above-described land and premises, with the appurtenances, unto the Purchaser, its successors and assigns, forever; and Seller does Vflnakfoc\WMdaed.doc hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the said Property unto the Purchaser, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Seller, but not otherwise, and in each case subject to Permitted Encumbrances. IN WITNESS WHEREOF, the Seller has executed this instrument the day and year first above written. STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) ) SS: ) Phe foregoing instrument was acknowledged before me this a day of August, 1995, by Ray^'FraJs, a Vice President of SOUTHWESTERN REFINING COMPANY, INC., a iwareiwmDoration, on behalf of said corporation. :' PUB LI e -i A! I> F0H.1 : sL\ *Vo-.:,.ucry iblic My Commission Expires: t:i<g<Mwmog^aldocNwdad.doc IT TT EXHIBIT A LEGAL DESCRIPTION PARCEL E: TRACT 4 containing 14.48 acres, nor* or less Being * tract containing 14.48 acre* of land, more or leaa, and being a portion of a 5.78 acre tract, said 5. 78 acre tract including 1.86 acraa of Upland area out of the Northwest portion of the P. W. Humphrey 29-acre tract and 3.92 acres of an area classed sa Nuecas Bay subnergad land, said 5.78 acre tract baing known as tha Mary E. v. Blucher tract and being conveyed by P. K. v. Blucher at si to Pontiac Rafining Corp. and Southwestern Oil and Refining Cotapany by ded dated March 1, 1949, of record in Volume 433, Page 89, Deed Recocda of Nueces County, Tenet, and the tract herein conveyed also being the Southeaet portion of a tract containing 23.57 acre# of land and submerged land out of the Northeast portion of the lende set aside to Lorlna Jones Spoonta and others by deed of partition dated June i, 1937 and recorded in the Deed Records of Nueces County, Taxes, in Volume 232, Page 284, and being that area enclosed between the Northeast boundary line of tha right of way of the San Antonio, Uvalde 4 Culf Railroad and the established bulkhead line along the Southwest aids of the ship channel of the Hueces County Navigation District Ho. 1 and bstwesn Che Northeasterly axtenstone of the Northwest and Southeast boundary lines of the C. S. Parish 40 acre tract, the Southeasterly of two 40-acre tracts known as the Csrnsr tracts. Said 23. 57 acre tract of land embraces a portion of a tract of lend formerly owned by N. G. Sherman and others lying Northeast of said two Garner tract*, a portion of Survey 708 node for W. & Clll, containing 1000 acres of submerged land under the waters of Nueces Bay, and a portion of Survey No. 723, made for Mrs. C. K Scoct, containing 1000 acres of eubmerged land under the Nueces Bay, the portion of eeid Surveys Noe. 708 and 723 Included In thle tract comprising a pert of the treot patented to tht Nueces County Navigation District No. 1 by the State of Texas, on May 7, 1930, as of record in tha Dead Records of Nueces County, Taxes, in Volume 192, Page 579. The tract herein conveyed containing 14,48 acres and being e portion of said 5.78 acre traee and a portion of said 23. 57 acre tract, and being more particularly described by mates and bounds as follows, to-wit t Beginning st a 1/2 inch axle bar set at the intersection of the Northsaae boundary lina of tha right of way of the Sen Antonio, Uvelde 6 Culf Railroad and the Southeast boundary of said Mary E. v. Blucher 5. 78 acre tract, for the South corner of this tract! THENCE North 61 degrees 23 minutes 30 seconds (fast, along the Northeast boundary Line of the right of wey of the Sen Antonio, Uvalde 4 Gulf Railroad, a distance of 174.89 feet to a one inch iron pipe eec in the Northwest boundary of said Mary E. v. Blucher 5.78 acre erect, THENCE continuing North 61 degrees 23 nlnutaa Vast, along the Northeast boundary line of the right of vy of the San Antonio, Uvalde 6 Gulf Railroad, a distance of 290. 02 fset to a ona Inch Iron pipe, for the West corner of this tract; THENCE North 31 degrees 41 minutes 45 seconds East, a distance of 1355.35 feat to a point on the established bulkhasd line along the Southvaet side of the ship channel of said Nueces County Navigation District No. 1, for tht North corner of this tract*, THENCE Souch 66 dsgreas 11 minuet* 30 seconds East, along the established bulkhead lint along the Southwest side of the ship channel of Nueces County Navlgttion District No. 1, a distance of 457.73 feet to a point, eeld point being the East corner of said Mary E. v. Blucher 5.78 acre trect, for cha East corner of this tract; THENCE South 31 degrees 15 minutes Watt, along said Southeast boundary line of the Mary E. v. Bluchar 5.78 aere tract a distance of 1393.23 feet to a 1/2 inch axis bar, the place of beginning. A-1 ~T TRACT 5 containing 36. 34 scree, more or less Tract Three (3), SOUTHWESTERN OIL 4 REPINING COMPANY, e Subdivision in the City of Corpus Christi, Texas, ae ahowo by the map or plat thereof recorded in Volume 28, Page 1, flap Record* of Hueeee County, Tsxaei further deecribed by metes end bound* ee follow*, to-vit: A portion of a tract of land known as the P. W. Humphrey 29 ecre tract, conveyed by R. L. Kinney to P. U. Humphrey on October li, 1850, as of record in the dead Record* of Nueee* County, Texes, In Volume D, Page 503, *nd e portion of Survey No. 708, made for U, H. Gill, embracing 1,000 acre* of submerged land under the waters of Hueeee Bey, the portion Included in chle survey being a pert of chat portion of said Survey No. 708 patented to the Nueces County Navigation Olstrlcc No. 1 by the State of Texas on May 7, 1930, *e of record in the Deed Record* of Nueces County, Texas, in Volume 192, Page 579. Said survey la situated in Nuecee County, Taxes, about 1*1/2 miles N 70 degrees W from the Court House and was made for the Cuerancy Title 8 Trust Company; BEGINNING at an iron bar tee ac the point of intersection of the northeast boundary line of the right-of-way of the San Antonio, Uvalde 4 Gulf Railroad, with the southeast boundary line of a trace of lend conveyed by the Cuerancy Tltla 6 Trust Company, Trustee, to Mary E. Blucher by deed dated tferch 5, 1934, e* of record in the Deed Records of Hueeee County, Texes, In Volume 210, Pago 169, for the west corner of this survey whence a cedar poet, the vest corner of the P- V. Humphrey 29 ecre tract and north corner of the P. V. Humphrey 100 acre tract, bear* S 31 degrees IS' V 200.56 feet and N 58 degrees 45* W 176. 20 feet! THENCE N 31 degree* 15* E with said southeast boundary line of the Mary E. Blucher tract, 1393. 23 feet to a 2-lnch by 4-inch pine stake in the asteblished bulkhead line along the southwest side of the ship channel of Hueeee County Navigation District No. i, the east corner of said Mary E. Blucher tract, for the north corner of this survey! THENCE S 66 degrees li' 30" , with said bulkhead line, 1109.00 feet to a 2-Inch by 6-inch pine stake set in the line of e northeasterly prolongation of the norchweet boundary line of Nuecee Bey Boulevard, a public road, for the ease corner of thla survey; THENCE S 31 degrees IS1 V, along said prolongation of the norchweet boundary lino of Nuecee Bey Boulevard, 1681,79 feet to an Ivon bar set in the curved northeast boundary line of aald right-of-way of the San Antonio, Uvalde 4 Gulf Railroad, for the south corner of this survey, whence the eoueh corner of said P. W. Humphrey 29 acre tract and eeet corner of said P. V. Humphrey 100 ecre tract baars S 31 degrees 15* V 255.61 feet end S 56 degree* 45' E 60 faaci THENCE in e northwesterly direction with said northeast boundary line of railroad rlght-of-vey, curve right along a circular curve of 5679.65 feet vedlue 220.40 feet to an Iron bar eet for the ending point of said curve end ehe beginning point of a straighe course, the redlus of aald curve at lte point of beginning having e beering of H 26 degree# 23* 06" E aad at Its point of ending a beering of H 28 degrees 36* 30" E; THENCE continuing along said northeast boundary line of railroad right-of-way, N 61 degrees 23' 30" W 880.69 feet to the place of beginning, and containing 36. 34 acres, more or lees. A-2 T TRACT 6 containing 40.353 acres, more or laaa Ail that certain tract or parcel of land eituatad In the City of Corpua Christ!, Nueces County, Texas, In what ia known aa cha E. Villareal Grant and being portion* of tha following aurvaya in said Grant; Tba R. Cowing Survey No. 390; the Scott and Ward Survey, north of cha Brawatar Tract? and portion of Survey No. 2, of tha aubeerged lands, designated on Hap of Record in Volume 6, Page 13, Hap Records of Nueces County, Texas, end described more particularly by mate* and bounds aa follow*, to-wlt: BECINNINC at an W2" x L/2" iron bar, tha intersection of tha north right-of-way line of tha S.A.U. 1 C. Railway and cha aaat line of Nueces Bay Boulevard, for Che point of beginning; THENCE along tha aaat line of Huecea Bay Boulevard N 31 degree# 15* E 1053.00 .ea^. a 4 woocj Jicaxe car a corner', THENCE along the old ahore line, or meander line, of Nuecea Bay S 89 degree* 25' W 94.16 feat to a 2" x 2" wood stake, cha intersection of said meander or shore line with the west line of Nuecea Bay Boulevard, tha aaat line of tha Barnadall Oil Company's 36.34 acra tract, for a corner; THENCE along tha vast line of Nuecea Bay Boulevard extended, the east line of the Barnadell Oil Company' a 36.34 acra tract N 31 degrees 15' E at 39. 20 feat a 2" x 2* wood stake for line, at 470.99 feet, the point of intersection of aid lina with south bulkhead line of ahip channel, for the northwest corner of this erect; THENCE along the south bulkhead line of ahip channel S 66 degrees 11' 30* E at 4BB. 40 feet, a tack in concrate man-hole vent to aanitery earner line, for a point on lina, at 872. 40 feet a 2" x 4" wood stake, tha intersection of the ouch bulkhead lino with ehe veec line of Nuecea Navigation District, for tha norchaaae corner of this trace} THENCE along tha west lina of the Nueces navigation District S 0 degrees 51* 30" E at 583.68 feet a 4" wood post, the southwest corner of Che Nueces County Navigation District, for a point on line, at 1443.12 feet e 1/2" x 1/2" Iron bar cha intersection of said weat line of the Nuecea Navigation District extended, with the noreh right of way line of the S. K U. 6 G. Railway, for the outheeat corner of this tract; THENCE along the north right-of-way line of S. A U. & C, Railway, N 76 degrees 27* 10" W 407.95 feet, s 1/2" x 1/2" Iron bar, the point of curvature of a l degrees .0104 curve} THENCE continuing in westerly direction with aaid north right-of-way line of the S. A. U. & G. Railway, along a 1 degree .0104 curve 1190.41 feet to a 1/2" x 1/2" iron ber, the piece of beginning, containing 40.353 acres of land, more or leas. ERNEST M. BRIONES COUNTY CLERK Ate, % 15.00 A-3 7TT n