Document dQxwG7DG6g860neL2QOOavOw0

7 SqPPLEKSBTAL AdKMEIT THIS Atitsamt sad* th* 3 H day f _ tyflfiAA __ . _, 1948, b twee* Eeeonstruetion Flmei Corporation, a oorperatio* duly orTanited emd exieting Ufider and by virtu of the laws of the United State*, acting by and through bar Assets Administraticn, (hereinafter called "Lessor*), and Souther* Alkali Cor poration, a Delaware corporation, (hereinafter oall*d "Souther*")) 7. ITNESSETH t wEHSEAS, by Agreeexit of Lea** dated tfareh 22, 1946, Leaser, the own r of a certain industrial plant located at Lake Charles, Louisiana and identified as Planoor 264, leased to Southern a portion of said plant eonsisting of a 68.67 acre tract of land with the improvements located thereon, together with oertaim naohiaery aad equipment, all a* identified tad desoribed in said Agreement of Lease, together with all easements end appurtenances neoesaary or useful to th said leased premisesi and T.HEEEAS Paragraph TWENTY-SETS of said Agreement of Lease prorides in part as follow* j "Baoh party hereto grants to the other, it* respeotire agents and employees, full and complete rights of ingress and egress in, over and upon th* leased premise# and th# non-leased part of Planoor 264 as ay bo neeossary for th# full use thereof, respec tively, including the use of roods and railroad tracks. *********** Lessor grants to Southern the right and privilege to use all sewer lines, water lines, gas linen and other pipes or pro duct lines, above and below ground, on the non-leased part ef Planoor 264 an may be neoesaary for tho full utilisation and operation of tha leased premies* and for that purpose also to make end at all times. repair sod xaimtain at Southern's own expeaso, all such oomaeotion* with sueh lines as may be reason able and proper.") and WHEREAS, the parties now desire to more specifically describe end identify the servitudes and easements which Southern shall have in, on and under tha non-leased portion of said plant ia eonaeetiom with lta uae and operation of the leaeed portion thereof; NOV THEEEFQK2, in consideratica ef the premises, it is hereby stipulated and agreed by the parties hereto as followst 1 The surrey aad plat attached hereto and made part hereof aad marked Exhibit A is a reasonably acourate surrey aad plat of th# non-leased portion of plant site, plant, and facilities designated upon the books and reoords of Lessor as Planeor 264, as originally aoquired by Defense Plant Corporation, Lessor's predeoessor in title, 2* Lessor hereby grants to Southern, with respect to th* non-leased i--iL0003321 I portion of said plant, the following right*, privileg and rvitud a rslating to improvements which are shown and identified on the annexed plat. a* Th privilege and right to use, operate, and maintain the railway tranks and spurs indicated on the attached pint, with the exoeption of toe traek narked *Traok A," exolusive ownership of which shall remain in Lessor* b. The privilege and right to operate Nater hell #8 and take and uae the water therefrom together with the right to use, ppdrate and maintain the house facilities for the pumping equipment connected with end serving said Well #8* e. The right to use, operate and maintain the underground power line or duet serving hater Well jjl8 from Switch House K-114* d. The right to use, operate and maintain the pipeline connected with Water Well whioh traverses the un leased portion of Plasoor 264 and ooniiects with the leased portion thereof* e. The right to use, operate and maintain the underground power duet traversing the ml eased portion of Planeor 264 and running westerly from the leased premises to Switch House 1-114* f* The right and privilege to use, operate and maintain Switch Bouse 1-114 and the facilities installed therein tc the ex tent necessary to furnish power with which to operate Water Well above mentioned, and Water Well 2, which is situated on the leased portion of Plarsor 264* g. The right to use, operate and maintain the underground power duot serving Water Well $2 (located on the leased portion of Flaneor 264) and running from Switch Bouse 1-114 to Water Well #2. h. The right to use, operate and maintain the overhead power line to the sewerage disposal plant. i. The right to use, operate and maintain the sewerage dis posal plant and system and the facilities installed therein to the extent neeessary to serve the leased por tion of Plancor 2641 together with the further right to use, operate and maintain all oonnsoting lines serving such leased portion* j. The right to use, operate and maintain the 72 inch waste sewer traversing the unleased portion of Plancor 264* k* The right to uae and maintain those roadways designated on the enclosed plat as Road So. 1 and west Road* I. The rights and privileges herein granted shall he exclusive to Southern insofar as they pertain to improvements whioh serve the leased portion of planoor 264* As to improvements whioh serve the entire plant area the right of use and other privileges granted shall be exercised jointly with Lessor, its successors and assigns, provided however that Southern shall be free to prorate in any manner agreed to by the parties, oosts of operation and main tenance between all users of any one or nor# of such improvements* 4. Southern shall ht*v ful 1 rights of ingress and egress in and to the non-leased area for the pursos of enjoying the rights herein granted, but no further. Southern shall mot, however, have any right to ohange the lo ation UzToSZT + or xxk alter at1 xa lx ay f th impr vaati her ix rfrr4 is exeept with the written permission of Lessor, its too essor or assigns* 5* Nothing herein contained shall preelude ths parti s fro* making further grants of servitudes or easements aad it is understood and agreed that Southern will at a future date grant auoh right* and uses with respeot to the leased area as nay be agreed to by ths parties as being necessary for tK proper utilisation ard use of the son-leased area. C. Except to the extent of specifically identifying the easements show.i on Kxnibit A, *v thirg in this instrument shall at end, restrict, enlarge, or otherwise vary, the stipulations of the original Agreement of Lease executed between the parties on March 22, 1946. IN WITNESS WHEREOF, ths parties nave executed these presents, ix tujdL duplicate, through their undersigned authorised officers or. thi VT______ day of K* , 1948. WITNESSESi RECONSTRUCTION FIHANCB CORPORATION Acting by and through AAR ASSETS AMINISIRallvS WITNESSESi 1%. (>.> t-<P *j,/ -p-- ilyLdLi>1 ' Deputy Regional Director For R'eal Property Disposal sorTHnur alkali corporation THE STATE OF TEXAS COUNTY Of DALLAS ---------------- -------- -- Lay By 0 I c, 4L* l \ o <Z '' ' 01 ,'LotWnH. T*im 1948, before me, the undersigned Notary Publliiec, apppeeaarleedd______ to as personally known, who, being by me duly sworn did say I .at he is the person whs signed the foregoing instrument on behalf of 75AE. ASSETS ADMINISTRATION, anting for RBC QH STRUCT ION FI NANCE CCRFQFATIONj that he so acted with authority of said Administration) and he acknowledged said instrument to be the free act and deed of said Administra tion, aotir.g for said Corporation. Ly !oiot:issiun Expires* June 1, l?L9. OTaTE OF PENNoYLVaNla COUNTY OF ALLEGHENY: ________ In "and' For , /*^ fifth V. Texas On this 27th day of_____ August , 1948, before xe, the under- signed Notary Public, appeared E. T. .isplundh to xe personaliy Icxowx, who, being by xe duly sworn did say that he is the person who signed the foregoing in strument on behalf of SUUTrtfEN aLKALI CORPCRATICNi that he so eoted with authority of the Board of Directors of said Corporation) and he aeknovrledged said instriueat to be the free aet end deed of said Corporation. EDNA Y. DAVIS, Ntfary PubUc MV CCMXUSaiONAXPtfltS 4AMUAAY 7, 1*51 | BB 0003323 1