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HomeMy WebLinkAboutP.R. 15004: OXBOW CALCINING, LLCinteroffice MEMORANDUM To: Mayor, City Council, anc~ City Manager From: Mark Sokolow, City Attorney /~.~~~ Date: December 12, 2008 I Subject: P. R. No. 15004; Special Council Meeting December 15, 2008 Regular Council Meeting December 16, 2008 Attached is P. R. No. 15004 authorizing the City Man~~ger to execute an Industrial District Agreement with Oxbow Calcining, LLC. The material changes are bolded. MTS:ts Attachment z.pr15004_memo P. R. No.. 15004 12/12/08 is RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH OXBOW CALCINING, LLC WHEREAS, the City Council of the City of Port Arthur deems it in the best interests of the citizens of Port Arthur to enter into an "In Lieu of Tax" Agreement with Oxbow Calcining, LLC. NOW THEREFORE, BE IT RESOLVEL- BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the fact:> and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to execute an "In Lieu of Tax" Agreement with Oxbow Calcining, LLC, in substantially the same form as attached hereto as Exhibit "A" Section 3. That Oxbow Calcining, LLC shall sign and return the Agreement by December 23, 20013, or this Resolution is null and void and the property described herein is annexed, effective December 31, 2008 at 11:59 p.m., a.s further delineated in P. O. No. 5925. Section 4. That a copy of: the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D. , 2008, at a Meeting of the City Council of the City of Port z.pr15004 Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR ATTEST: TERRI HANKS, ACTING CITY SECRETARS.' APPROVED AS TO FORM: ~~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr15004 EXHIBIT "A" STATE OF TEXAS ~ COUNTY OF JEFFERSON ~ INDUSTRIAL DISTRICT AGREEMENT WITH OXBC>W CALCINING (2:009) WHEREAS, in November 2001, the City of Port .Arthur (hereinafter referred to as'. the "City") and Great Lakes Carbon entered into an Industrial District Agreement for the Coke Calcining plant providing for the payment 1~o the City of Port Arthur of $183,500 per year from 2002 to 2008; and, WHEREAS, the Industr_~al 1~isLri~~ L"~ytCClllC 111. h'Qa approved by Resolution No. O1-308 and expires December 31, 2008; and, WHEREAS, Oxbow Calcining has purchased the assets and assumed the obligations of Great Lakes Carbon; and, WHEREAS, the assessed value on this facility has grown over the years to the JCF~D assessed value of at least $100,080,200; and WHEREAS, the City Council is concerned as i=o the unemployment rate of Port Arthur residents; and, WHEREAS, the City Council is interested in max=Lmizing job opportunities and contracting opportunities for Port Arthur residents and I?ort Arthur businesse:~ and 1 z.ida Oxbow 2009.12.3a contractors. The Council is interested in workin~~ with industry and Lamar State College-Port Arthur to obtain sound information on current hiring and procL~rement efforts, including results, and working with industry and the Port Arthur City Counci:L to try to increase employment opportunities for Port Arthur residents and procurement for Port Arthur companies; and WHEREAS, the Council also believes improved opportunities for minority a:nd women-owned businesses is important; and WHEREAS, Company hiring and procurement experience and efforts to increase Port Arthur resident hiring and Port Arthur procurement opportunities will be considered b}r the Council in future in-lieu of tax contractual agreements; and WHEREAS, the Company, Oxbow Calcining, will ~~rovide updated written reports at such intervals as requested by the City during the term of this Agreement; and WHEREAS, the Company, Oxbow Calcining, owns the property described in Attachment "A"; and WHEREAS, the City and the Company, Oxbow Cal~~ining, desire to enter into an Industrial District Agreement with respect to the property described in Attachment "A" i~hat is within the extraterritorial jurisdiction of the City; and z.ida Oxbow 2009.12.3a 2 WHEREAS, the City and the Company agree that thez~e has been full and adequate consideration for this AgreE~ment; and WHEREAS, this Agreement is authorized under Sections 42.044 and 212.172 Local Government Code, Vernon's Texas Code Annotated and Article 1, Section 5 of the City's Charter, and that the parties agree that the following terms are reasonable, appropriate, and not unduly restrictive of business activities; and WHEREAS, all parties find that this Agreemer.~t, as delineated herein, is beneficial to each party. NOW, THEREFORE, in consideration of the promises and the mutual agreements of the parties contained herein, the City and the Company, Oxbow Calcining, agree with each other as follows: Section 1-Payments by the Company (a) For the year 2009, the Company shall pay to the City the amounts delineated in this Section so long <~s this Industrial District Agreement is in full force and effect and all of the property described in Attachment "A" is not annexed by the City. (b) The Company shall pay to the City of Port Arthur amounts equal to seventy-f:ive percent (75%) of the amount of taxes that the Company would have paid to the City with 3 z.ida Oxbow 2009.12.3a respect to the land, improvements, units, equi~~ment, inventory and all other property located on the land, described in Attachment "A", as if they had been l~~cated within the corporate limits of the City of Port Arthu:r. The "In Lieu of Tax" payment shall be paid by October 15, 2009. (c) The City shall not refund or credit any monies previously paid by the Comf>any prior to the date of the execution of this Agreement, either directly or indirectly, to the City. Except as delineated in Section 15, once monies are paid to the City of Port Arthur on OctobE~r 15, 2009, the City shall not refund or credit any of` said monies. Section 2. In working with the City Counci.L, the Company shall also do the following: (a) The Company will notify the City Council and post job openings with. the Texas Workforce iri Port Arthur. The Company will also request that its contractors and ~~ubcontractors notify thE~ City Council and post its job openings with the Texas Workforce in Port .Arthur. (b) The Company will notify the following of job openings: • City of Port Arthur • Official newspaper of the City 4 z.ida Oxbow 2009.12.3a • Texas Wor]{ Force Commission • Lamar State College of Port Arthur • Port Arthur ISD • Sabine Pass ISD • Port Arthur Labor Unions • Digital Work Force • Associations representing historically underutilized segments of the population in Port Arthur who seek to be notified of job opportunities The Company will also request that its contractors and subcontractors notify the above nine entities of job openings. (c) The Company will make reasonable efforts to break up contracts to allow Port Arthur contracto=rs the opportunity to bid on projects. (d) The Company will include a provision in the Company's contracts with its prime contractors, which requires the prime contractors to re<~d and comply with the terms of this Agreement relating to the use of Port Arthur vendors, suppliers, subcontractors, professionals, and historically z.ida Oxbow 2009.12.3a 5 underutilized businesses and segments oj= the population. (e) The Company and it:~ contractors will pay at least the prevailing wage, as reasonably set by the City, in accordance with Chapter 2258, Texas Government Code, V.T.C.A. Section 3. If requested orally or in writing by the Company, the City's Fire Department may in it:~ sole discretion provide Fire Suppression Support as determined by the City's Fire Chief, and the City's Police Department may in its sole discretion assist in providing an evacuation route and traffic control in the case of a fire or a chemical release at tYie Company's facilities located in the City's extraterritorial jurisdiction. NevertYieless, the Company shall abide by and shall take such prec~iutions as to prevent (1) fires, e:{plosions and chemical rE~leases and (2) the imprudent discharge of storm watez~ that contribute to flooding on adjacent property. The (~ompany shall also provide an evacuation as is expected in the industry, and as is required by applicable federal and state laws, and the health and safety laws of the: City. The Company shall control and abate chemical releaser. The Company shall also allow the City's fire marshall such opportunities as to inspect the facilities as to ;prevent 6 z.ida Oxbow 2009.12.3a fire hazards. The Company :hall provide the City's Fire Chief and Police Chief with Emergency Response Plans for any plants, refineries, chemical operations or other hazardous operations that take place on the land, described in Attachment "A". If there is a fire and the City is requested to provide initial_ and primary .fire supprE=_ssion services or if a clean up is required, the Company wi:Ll pay to the City the costs and expenses incurred by the Cii~y and any of its departments o:r of any of its affiliated providers, i.e. ambulance companies that are called too the scene. Section 4. The Com~>any shall immediately notify the central dispatch office which serves the City': Fire Chief, Police Chief, and the City's Emergency Management Coordinator of all incidents involving fires, serious injuries, deaths, chemical releases and flooding that create a health and safety hazard to the community or that exceed OSHA, TNRCC or EPA permissible exposure limits. Section 5. Annexation for Health, Safety and Welfare Reasons. It is specifically stipulated that nothing in this Agreement will in any manner limit or restrict the authority of the City to annex all or ~~art of said lands and facilitie:~ during the period of the Agreement if the City shoulci determine that such annE:xation z.ida Oxbow 2009.12.3a is reasonably necessary to promote and protect the general health, safety, and welfare of the persons residing within or adjacent to the City, provided however, that thE~ City agrees that such annexation for the land described in Attachment "A" prior to October 1, 2009 will not bE~ made for revenue purposes only. Section 6. Annexation due to Legislative Action. Notwithstanding the provisions of Section 5, the parties agree and consent that the City may_ annex if a bill is adopted by the State legislature which limits or restricts the authority of the City to annex all or part of said land and improvements. In the event of annexation, the Company will not be required to make further payments under this Agreement for any calendar year commencing after annexation with respect to the property so annexed, but shall nevertheless be obligated t:o make full payments for the year during which such annexation becomes effective if the annexation becomes effective after January lst of said year. The Company shall not be required to pay ad valorem taxes to the City for the same period of time they have already paid an "in lieu of tax" payment, with respect t;o the property described in Attachment "A" to this Agreement. If for any reason, the City can not annex the property of the Company and if the parties cannot reach an agreemen1~ on a z.ida Oxbow 2009.12.3a S new payment schedule or on a new "in lieu of tax" agreement, the Company agree: that it will continue t.o pay to the City the "in lieu of tax" payments delineated in Section 1 until December 31, 2009, and it will thereafter continue to annually pay t'ne City an "in lieu of tax" payment of seventy five percent (750) of its taxable value times the City's tax rate for so long as it or its assignees and successors or affiliates own the proper1~y, as described in Attachment "A". Payments will be due on October 15th of each year. Pursuant to Sections 42.044 and 212.172 Local Government Code, the Company agrees and consents that the City has the option, in the City's sole discretion, to extend this contract and that the Company will continue to annually pay the City "in lieu o:E tax" payments at the seventy-fivE~ (750) rate, as denoted above, for successive periods not to exceed 15 years each, for a total duration not to exc~~ed 45 years, or the maximum period allowed by law, whichever is longer. "Taxable value" is the value as determined by the Jefferson County Appraisal District in appraisal rolls after the com~~letion of all litigation and appeals (if any), of all property, land, industrial realty, improvements, units, equipment, inventory, and all other property, excluding the v~~lue of exempt pollution control devices, owned or leased by the z.ida Oxbow 2009.12.3a 9 Company and located within the extra-territorial jurisdiction of the City, as described in Attachmen1~ "A". The "taxable value" also includes the assessed value of any property that is located in a foreign trade zone or in any other type of federal, state, or local zone„ Section 7. The parties agree that the City has the sole discretion, after October 1, 2009, to annex the property in Attachment "A" or to enter into negotiations on the payment by the Company of additional "in lieu of tax" payments. Section 8. The present owners and. lessees of the land, improvements, units, equipment, inventory, acid all other property located on the land in Attachment "~~" are described in Attachment "B". The City reserves the right to annex that tract or parcel with the minimum required adjacent area, as per Chapter 43 Local. Government Code, if the owners or the lessees do not pay an "in lieu of tax" payment for its interest in the land, improvements, units, equipment, inventory, and all other propert:y located on the property, as described in Attachment "A". clothing contained herein shall be construed to prohibit or ~>revent the Company from paying the other owners' or lessees' "in lieu of tax" payment to prevent annexation by the City. If the City annexes a tract or tracts, the total "in lieu of z.ida Oxbow 2009.12.3a 10 tax" payment will be reduced by the same percentage ~~s the assessed value of the tracts under the contract: are reduced. Section 9. If the Company desires to assign this Agreement to any person, the Company shall provide written _ notice of such assignment and shall receive the w=ritten -- consent of the City Council, by a duly adopted Resol~.~tion, which will not be unreasonab=Ly withheld. The Company shall provide the description of t:he new Company and such other information as is reasonably requested to indicate th<~t the new Company will safely operate the facility, act as <~ good corporate citizen, and will fully abide by the teY~ms of this agreement. If the assignment is approved by thE~ City Council, the Company shall be relieved of its obligations under this Agreement to 'the extent that an assignee expressly assumes the Company's obligations. SubjE:ct to the preceding, this Agreemen1~ shall inure to the benefit of and be binding upon the parties hereto and its respective successors and assigns. Section 10. It is agreed by Lne parties ~~~ 1.111D Agreement that the Company and the City have the right to seek equitable relief, including specific performance of this Agreement. 11 z.ida Oxbow 2009.12.3a Section 11. The Company shall allow. a rea~:onable number of authorized employees and/or representati,ses of the City who have been designated and approved by th.e City Manager, City Council, or Mayor to have access too the Company land and/or plants during the term of this Agreement to inspect the plants and any improvements thereto to determine compliance with the terms and conditions of the Agreement. All inspections will ~~e made at mutually agreeable times and will only be conducted in such manner as to not unreasonably interfere with safety standards and security standards and rules. All inspections will be made with one or more representatives of the Company and in accordance with industry safety standards. Section 12. The Company shall participate in the Port Arthur Industrial Group during the life oi- this Agreement in order to assist in the establishmE~nt of apprenticeship, internship, and/or education programs and projects for the training of Port Arthur residents for permanent jobs in the Port Arthur area. The company further hereby agrees tc> request and encouraa~e its contractors and subcontractors to establish and func~ their own apprenticeship, internship, and/or education programs z.ida Oxbow 2009.12.3a 12 and projects for the training of Port Arthur residents for permanent jobs in the Port Arthur area. Section 13. The City reserves the right to hire or contract for a monitor as to inspect the Company's :records and hiring practices in ac<:ordance with this Agreer~ient as to verify whether the Company has complied anti will continue to comply with this Agreement. Section 14. The Company certifies that they have not, and will not, knowingly employ an "undocl~mented worker" which means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. The Company acknowledges that it has reviewed Chapter 2264, Texas Government Code, and hereby affirmatively agrees to repay the amount of any incentive with interest at tYie rate of ten percent (10 0 ) per annum, not later than the 12 0th day after the date the City notifies the Company of a violation. The Company acknowledges the City may ~~ring a civil action as to recover any amounts owed under this Chapter, and further acknowledges that the City may recover court costs and reasonable attorney's fees incurred in bringing an action under Section 2264.101, Texas Government Code. The Company will also promptly report to th,e City z.ida Oxbow 2009.12.3a 13 any "undocumented worker" that is improperly retained by its contractors or subcontractors on its facility. Section 15. Information on property values. The Company shall file, in writing with the Director of Finance. of the City, an itemized rendition by affidavit, in the same form and manner as required by State La~n~, for rendition of property for ad valorem tax purposes, c>f all its properties (land, improvements, units, equipment, inventory, and all other property) real, persona:L and mixed. The Company shall provide to the City a copy of all pleadings and discovery filed in any litigation or protest that the Company has with Jefferson County Appraisal District. Pending final de1~ermination of any tax protest filed by the Company with 'the Jefferson County Appraisal Review Board, or appeal thereof, the Company shall ~~ay to City, on October 15, 2009, the amount calculated based upon the value of the property reflected on the most recently adopted appraisal roll prepared by or for Jefferson County Appraisal District. If the final determination of a protest or an appeal reduces the value of the property after Company has tendered payment to the City hereunder, the Company's liability hereunder shall be recalculated based on the final determination of value, and City shall in its discretion, after tine final determination of such 14 z.ida Oxbow 2009.12.3a protest or appeal, either credit toward future "In hieu of Tax" agreements or refund to Company, the dif~=erence between the amount actually paid hereunder and the amount for which the Company is dE~termined to be liable, without interest. Under no circumstances, shall there be a refund or a credit of more than te;:~ (10 0 ) of any "In Lieu of Tax" payment made. Section 16. Electrical Usage. The Compan~T wild. provide the City with information as to the elec:trical consumption from Entergy or from any other electric utilities, transmission and distribution utility, municipally owned utility, electric cooperative, o:r from any other source, as well as all metering locations that service the area in Attachment "A". Section 17. Notice of Default. Notwithstanding anything herein to the contrary contained, in the event of any breach by the Company of any of the terms or conditions of this Agreement, the City shall give the Company not less than five (5) business days' written notice, specifying the nature of the alleged default, and manner in whi~~h the alleged default may be satisfactorily cured. TherE~after, the Company will be afforded. a reasonable time within which to cure the alleged default. Nevertheless, time is of the essence on the payment schedule for the "in lieu of tax" z.ida Oxbow 2009.12.3a 15 payment on October 15, 2009. If the Company does not pay the "in lieu of tax" payment on October 15, 2009, the City can immediately commence annexation proceedings and sue for all damages. In case of litigation for breach o:E the Agreement and to encourage timely payments, the City can seek 1000 of all monies that: the City would have received from the Company if it been. within the corporate l.Lmits, which include 100% of all taxes, building permits, sa7_es or use taxes, and all franchise fees on electrical usage, interest and penalty thereon, attorney's fees, and court costs. Also, if the Company intentionally discriminates against Port Arthur companie:~, the City can seek the ~3irect and indirect damages that tree City would have accruE°d, if the discrimination did not occur. Section 18. Entire Agreement. This Agreement constitutes the entire ag=reement of the parties with respect to the Projects described herein anal supersede°s any and all prior understandings or oral or written agreements between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 19. Severabi]Lity. If any term or provision in this Agreement, or the application thereof to any person 16 z.ida Oxbow 2009.12.3a or circumstance, shall to arty extent be held to be invalid or unenforceable by a court of competent jurisdiction., such invalidity or unenforceability shall not affect any other provision of this Agreemen~~ or the application thereof, which can be given effect without 'the invalid or unenforceable provision or application, and the ~~arties agree that the provisions of this Agreement are and shall be severable. Payment of the "in lieu of tax" payment is an essential part of this Agreement. Section 20. Remedies Cumulative. Except as ot.her- wise expressly provided herein, all rights,. privileges, and remedies afforded the parties by this Agreement shell be deemed cumulative and not exclusive, and the exercise of any or more of such remedies shall not be deemed to be a waiver of any other right, remedy, or privilege pY~ovided for herein or available at 1<~w or in equity. Section 21. Governing Law• This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Jefferson County, Texas. Section 22. Counterp<~rts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together, shall cony>titute z.ida Oxbow 2009.12.3a 17 but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 23. Authority By acceptance of this Agreement and/or benefits conferred hereunder, the Company represents and warrants that its undersigned agent; have complete and unrestricted authority to enter into this Agreement and to obligate a:nd bind the Company to gill of the terms, covenants and conditions contained herein. Section 24. Notice Any notice g>rovided for in this contract shall be given in writing to the parties hereto by certified mail, return receipt requested, addressed as follows: TO CITY: TO THE COMPANY: City Manager Oxbow Calcining CITY OF PORT ARTHUR Coke Dock Road 444 4th St. Port Arthur, Texas 77640 Port Arthur, TX 77640 (409) 985-257E3 (409) 983-8460 Fax WITH A COPY TO: City Attorney CITY OF PORT ARTHUR 444 4th St . Port Arthur, TX 77640 (409) 983-8126 (409) 983-8124 Section 25. This agreement is effective the lst day of January 2009, and shall expire on the 31st clay of December, 2009, unless extended by the City of Port P..rthur, as delineated in Section 6. z.ida Oxbow 2009.12.3a 18 SIGNED AND AGREED t:o on the day of 2008. OXBOW' CALCINING BY: ACKNOWLEDGMENT STATE OF TEXAS ~ COUNTY OF JEFFERSON ~ BEFORE ME, the undersigned Notary Public, on this day personally appeared known to me to be the person whose name is ascribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Oxbow Calcining, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of A.D., 2008. NOTARY PUBLIC, STATE OF TEXAS z.ida Oxbow 2009.12.3 19 SIGNED AND AGREED to on the _ day of _ , 2008. CITY OF PORT ARTHUR, TEXAS BY: Stephen Fitzgibbons City Manager ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons, City Manage°r of the City of Port Arthur, known to me to be the person whose name is ascribed to the foregoing instrument, and acknowledged to me that he e~:ecuted the same as the ac:t and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of A.D., 2008. NOTARY PUBLIC, STATE OF TEXAS z.ida Oxbow 2009.12.3a 20 LIST OF A'.PTACHMENTS • "A" Area of land owned by The Company • "B" Description of owners of property z.ida Oxbow 2009.12.3a 21 ATTACHMENT "A" D}CF;IBZT rtAn more or less out, of the B•C. ~+rthur and w.H. County, Texas; 76.5 acres be:~ng the same as Being 94.15 acres of land, Thaxton Survey in Jeffei'sonA of the City of Port Arthur Ordinance No. that described in Exhib•COViding for the exclusion of certain lands from ating such lands as ari industrial zone; 17.22 acre 69-50, said ordinance p' ,4g acre tract; said 94.15 acres annexation and designturning basin and a ounds in tracts A, B and c as of water in the West metes and b being more fully described by follows: TT2l1CT 'tA't - 65.22 ACP~ES Or LAND the West t oint of intersection cf the West wate~_line o at he P the westerly projection of the turningng of 'ray ~ BCoke Dock Road, a forty-foot(40') wide basin , 1°~' s Y nt-of-way lin+~ of North rig• road; line of Jefferson County the North right'of-`hay +- direction along ht_of-way line of the -THENCE in a Northoas~erly the North rig to a point in the said county road projected and along more or less, of 2000 feeieased by IC.C.S. to Warren Petroleum county road, a distance ro erty, Southwesterly line of t_he p p t said Company; line of directa distancc'.etof 502~4rfeet, more or less, THENCE in a NorthwesterlYLease, I Marren Petroleum Company to a point for corner; line of said tan~se of 300 feet., more cr less, to THENCE in a Northeasterly direction along the Norther y Company*,ease~ a dis Warren Petroleum a point for corner% v line of said to direction along the westerli' more or less, THENCE ,;.n a Northwest:erlYLease, a distance of 450 fee-, Warren Petroleum Company said a point for corner; the Northerly line o'- ,. less, direction. along 2 feet, more o- THENCE ir. a NortheasterlYLease, a distance of 471• Warren Petroleum Co~ptnbeing located on the northeast. corner of said to a point, said P Lease, point for corner; Warren Petroleum Company eet, distance o1' 75 f more o the, Warren Petro:eum Company Lease THENCE in a Northwesterly direction for a the -- less along the easterly boundary of of the centerline of to a point which is 25 feet Southeasterly 1Cansas City Southern main line; and Southeasterly directiof+said Westerly, ~+ to and 25 feet South 2~""riin• THENCE ir. a Souta'alinerwhich is paral.~'1 cure of li deg. side oL .following among Taylor's 13ayou,,and aroundca1 point: on the East main line',. deg. 26 min. 25 sec. with an an~fle of 1Taylor's Bayou at the end of said curve;. basin of basin, a the west turning the hest 'turning direction along basin, THENCE in a Southwesterly of 600', the waterline of saQd ae~otalydistance distance of 25 pee't to basin f basin' continuing acros~~eh~astsbankrofngaid West turning more or less to the West waterline of said Wei direction along ht-of°-way line of the j THENCE in a Southeasterly the Northerly rig direction; said Poin basin, to a point on a Westerly said tract turning road projected in described aforementioned county and being further being the POINT OI' BEGINNING morehorh lessp describ~:d trac ; containing 48 acres of land, orated herein. l" attached hereto and inc:orp nated by City Exhibit "A~ as 6 tracts of land desi5 Zone, save and except those certain six( hur Ordinance No. 88-44 as an Industr~olwitstrlc Port Art the following metes and bounds, described by ACT "n" - 2B'S ncRES or I~+ND the Warren Dint located on the Northeast corner Of BEGINNING CompapY Lease, as described in call number 5 of Tract "A", Petroleum above; the easterly line of said to a Southeasterly' dzrecta distance of A50 feet, more or less, THENCE in Com any Lease, . Warren Petroleum p a point for corner; along tY:~e Northerly l:i.ne of said to direction 200 feet, more or less, THENCE in a Northeasterl'~'~ase, a distance of Warren Petroleum Company a point for corner; t}Ze easterly line of said along ]r,ore or less, to THENCE in a Southeasterly direction Warren Petroleum Company' Lease, a distance of ~i30 feet, r corner; said point being i00 feet North of the cente=Tine of a point fog road; the aforementioned county a. line paralle:L to and 100 feet direction al°ng a distance of 1II70 feet, THENCE in a Northeaster:LY said county road, 10p feet South of North of the centerline of to a point for Corner; said point being more or less,, tracts of the Kansas City Southern tracts the .centerline of the mazbasin' heading the West turning ara~lel to the .-~ in a generally a line which is 100 feet Sout':~ of an p corner of the THENCE along City Southern ma.n line traC~- oint whiff is on the Northeasterly centerline of said ICBn="">as point being the POI2+T OF BEGINNING of Westerly direction to it please laid 28,5 acres of land, Warren Petroleum Compa»Y said-tract containing, „A-L„ attached heretc the herein described tract, more or less and being further described an Exhibit ~ and incorporated herein. " " - 'A3 ACRES OP 7~D the B.C. T.rthur Survey ir. T1Z11C`r C ,,3 acres of land, more or less out of that: described ~n Being said .43 acre tract being 6<)_50, said Texas% Ordinance No. Jefferson County, Port Arthur m ~3 Exhibit "A'+ of the City ofe exclusion of certain lanhe aforesaidxation ordinance providing f'~r h to-wit: as an industri.al~ ~°nas f°11ot`s' and designation such lands erein as Tract acres of land is described h of the East waterline of the West ro ection of the South at the point of intersection ~0, •~:ide Jefferson Commencing or,s Bayou with the Westerly p 7 turning basin of Taf~Coke Dock Road, a forty-foot( right-°f-way line o- County road; +- aht-of-~IaY line of ,- direction along the Seu,. r ht-ref-way line of the _ THENCE in a Northeas~te-ly to t`~e POINT Or said county road projected and along moYeSozthess~ county road, a distance of r12C feet, BEGINNING of 'the hereinafter described tract; Lhe South f 150 direction along a distanCc'"O in a Northeasterly ao' county road, THENCE continuing °orner• right-of-why line of said forty-foot( more or less, to a p°int for more or feet, a distance of 17.5 feet, TIiENCE in a Southeastex'lY direction, less, to a point for corner; to and 125 along a line parallel ~' direction, road, a distance °f ht-of -way line of said county THENCE in a Southwesterly Dint for corner; feet from the. South rig to a p to point ° more or less, °p ],25 feet 'a 150 feet, a distance the direction, the POINT OI' BEGINNxlandf more or THENCE in a Northwesterly road and •d3 a~xres of and ;;aid county containing eto the South line of said tract r;xhibit "A~1" attached her herein desczibedfu~~~h~r described on less, and being incorporated herein. EXCLIlS~ FRS ~~ A ~Nx1STRU1i. OtSTRsC7 ZOt~ STTF, "7%- f and a p~,r t o f '.i~r•. • T Gcirt J,5:7G acres of land, more or less, outaolc~sc aGrecrnen~ .. G .tract as dcscriUcd in Co. porn tion 1:hat ccrtair, 9n•9 "ere the,~t.rll. Thaxtcn {rom Rice Carden C'ciporation to.Creat ;-,aloes Carbon -the il. C . ,~r,thur Survey and +~ c f land bcin~ situated in TeXast saiu six (G) troo ~-~ Survey, 3efferson County, metes and bounds as followsr b~~inG ,,pare fully described by . Conur,cnc inG . a't a ^,tr]-f Oil brans disk ;c'C in co',~,crc'~c Uc i.n , on ;om;na~~, nroperty ]li~l lcbcr~bcd incc Carden Corporation~anct1c r1. c;ci;• Volt,uic ?.? c~ , PaCc 7G cf the i]ccd TcYa;t said di.syc bc..nG ,,ouC Oil Corpcrati.on 1~1c:sT, a di~tancc of .2,15G.irG fec'C from ',;1~c ~outh- Tlecords of Jefferson County, Loyd ~ descr.ibed i.n Volume ], j min. 00 sec • line of a county ~ nor,, County 'I'cxasr +~rest riGht of w~Y 112, Pagc 192 of t1t~ Deed ftccords of Jc _cr tanec of 2 mi.n. 2~ sc~c. 4fest, for a di.s •;,ract inn in o f the ]..9295. acre Tf~TrCG, 5ou•th lit deG. 1 , l 29 j,r17 feet to the Point of 13cG._ G of lard },,crev1 dcscribcdl ti llcl to ~d 75,00 South 5~ deg. 03 min. tt0 sec . T:nst. P''~`; Lro].cum Co:nPanY T1+7=f(C%, bound~ry o1' 'the i•larrcn Tc.. feat; to a po~nt for corner: Seet from tl+e Southerly lease , for a dis'tancc •of `000 • $7 ~r;~llcl to and C0 .00 "" ~.,,. 1•tcst. r.. boundary of 'tl~~e hiairen P~tro].eum Company TL1J~.IlCE, South 31 deg. 10 mi~1• 00 scc• 2 OG fact to a Point for corner; feet from the 1.7e~ccr].y lezso. nor Y distallce'of 79• '^" ,, alone ,yid v,itli 'the Tf~i•!ICS. `South 5~ dog. O j min. !r0 sec . T]as-,. boundiry °f flcetl~laxranro~nt°formcorncr fence li:^c of 1,i+,e SoudisLance of 502.SS Comn~ny lease , i or a ~ •u ai1c1 Yrith 'the ' South,;'3a• deg. lQ min. 00 ~,ec . 4te~t, P` ~` ; dis tancc ~plp'itCE, ht o f vray line of the county road ~ ~f °br.inG the SouthvresterlY riG oint for corder; said poz~~t as"'° of Itlii•lii feet to a p most Southerly oornCr of Tract Tio. 1; il0 sec. 1~1est, for a disl:anc'e of 9?' min . TlU11CL, 1•lorol~~3forGco~nerr feet to a p ~r0. ~G min. 20 sec. East, for a d.i~t:ancc of ' Tllcrlcr, north ;IG dc~;~ > fcc L to a poin'L for cor.'r+crs to and It0.0( h0 sec. fast, Para].1cJ• t,~,cc of South, .5~ deg. 07 min, a dis TViL1ICC, line of Tract ilo. 1, for reet from ti1Lo ,a°rpy~~~~'for corned 5a . SG feet , ~•_ . EXCLUSION FT20M TRACT A StrIaISTRSAL OtST~T zOt~l ' 00 sec. i;ast, Parallel to .and ~0 1 dcC• lD min. for a distance of . T1{L•IiCi;. `forth 7 line of Tract 1io. 1, • feet from the Easterly ~ to a Po:cnt for corncrt 152.4II ect, • dea. 0~ min• 1i0 sec.. 1•Iest, .for a tli,•tancc o i\ "_ -- TI{LPICL, North S> ~r £30.59 feet to a point for corncrt or a di.-t.~nce of rG min. ?.0 sec. E:t.t, TIiL-IICL• North 3G err` ~ c r.ncrt • 170 .00 feet to n Po i1t t:, for p ~ ~0 , 00 h0 sec. Vlest. Para11e3- to art c, ~ • ~ deg, 0~ min. ~ boundaz'y of the Warren TI{EidCE, ,Forth 51 line of the Sovthcr~y feet is n Point I feet from the fencr. a distance o: itj4.75 ' Petroleum ComPa-nY -t.casc, for for ert _. and X0.00 ccrn ~ -,r~l.l~l to 7. £1 min. 00 ~cc , Ens ,., 1'~ ,~tancc of ~ria:rlcr, i'IOrtl`, jl dCV. f'pL' 1 d feet from the ;:asterly •linc of T. act No . l X99.15 feet to a Point for corncrt• -tra3,lc1 to Ana X0.00 h0 sec". l•Ic~t. p` a di~t~ncc of T1fL14CE, North, 53 ~'c~' Online of Tra~.licloP l' for ~a on the feet from the lior'thcrlyfor corncrt aiTt~t; ale:o bci,,,, Car~c~ feet to a 1?o~nt Corporat:i.on aJ~d tltc Rice 793.3~ er"~Y line of Gulf Oil cominotl Prop Corpora-t1on; tilts cotnuloti `rllr.l'ICTi, tior'th d0 deC• Sl~mCor cpration artdL1Lhe] Rice Carden CorPo- praperty liJ'~c of Gulf Oof 10 SO feet ~to a po:.~~t for corncrt for a distance _ ration , .L~ or;~ tltr_ common nrat~ . -' ..`• t 71 m•in. 00 s^.c . Ear t., Arden Core Tlii.i•lCE. North 66 c'eg. t Cor orata.on and late R~•ynnln~; and co,ttaini ~.,., J.Sre of Gulf 0~- P the }'oint of 17c!' pro pc r. tf o f ~5 79 feel: to for a distance or less • ""' of 1°nd ,• more . l.ozo5 acres . L , ~_ .f. p(CL~ R ~ "(RAC7 A {~FDUSTFCAL pSS7R1CT ZOt~L-? TTZAC~ Np . 2 O.fl392 ACr:ES Or•LAND MO OTt LZ:S OIIT OF 2'Fi1? -~"-~~tT1R SUTtVI'x J~I'I'~RSON COUN`PY TNX7+S Ri CiARTf• - - - Commencing at the most Southerly corner of Tract No. 1 a's herein described: along and with the 03 min. d0 sec. West, aint THENCE, North lineeof Tract No. 1, for a distance of 92.66 feet, p ~~` Southwesterly for corner; for a distance of (13.Od feet °i6 min. 20 sec. West, o.II392 THETICE, South 36 dog' same being the POINT OI' DHGINNINC; of the to a point for corner; acre tract of,land hers'-in described; South 53 deg. 03 min. a0 sec. East: for a distan~=e of 30.00 feet, THEPiCE , . poirit for corner; 56 min. 20 sec. Wes' fog a distance or 111.03 fee South 36 deg• aid point also being he Southwest corner of a THENCE, to a point for corned;-•sb-Station;. Gulf States Utilities S~z ~ along the southern boundary ~HEhCE, for a0 distances of 20.25 feet to a point for • ~ South 53 deg. 03 m_ a Gu_- lir.e of said Sub-stat,~on, trie Southeast corner of ~f States ~ corner; said point also being Utilities Sub-Station; .,` along and grit": said North 3G deg. 56 m'-n. 20 sec. E~`~t, F ,~ ~ a o;nt for corner; THrNC%, for a distance of G.70 ,.ee~ ~o p Sub-Station boundary, along the Sout:^.ern boundary 03 min. 40 sec. .East, oirt for T:iE,;CE, South 53 deg. for a distance of 9'.90 feet. to a p line of said Sub-Station, corner; for a distance of 136.21 feet THENCE, South 31 deg. ~© min. 94 sec. West, to a point for corner; X7.12 feet 03 min• AO sec. West, for a distance of THENCE, North 53 deg• to a point for coiner; 56 min. 20 sec. West, for a distance of 0.75 fee THENCE, South 36 deg• '" to a point for cornea; for a distance of 5.00 feet THENCE, North 53 decd. 03 min. 40 sec. West, to a point for corner; 0.7~feet North 36 deg. 56 min- 20 sec. East, for a distance of THENCE, corner; 55,00 feet to a point for THENCE, North 53 deg. 03 min- AO seC. West, for a distance o" to a point for corr.,er; p.75 feet 20 sec. West, for a distance of THENCE, South 36~•deg• 56 min• to a point for corner; 5.00 feet min. 40 sec. West, for a distance of THENCE, North 53 deg• 03 0.75 feet to a point for corner; 56 min• 20 sec. East, for a distance of THENCE, North 36 deg• feet to a point for corner; for a distance of 5.27 THENCE, North 53 deg• 03 min. AO sec. West, to a point for corner; F~(Cl1JS10N FFt04d TAACT A (t•DU51Tb~• ptSTR1CT ZONE) Page Two Tract No. THENCE, South 35 deg. 56 ma.n. 20 sec. West, for a distance: of 6.80 feet to a point for corner; THENCE,,Noxth 53 deg. 03 min. 4o sec. West, for a distance of 31.93 feet to a point for corner; 56 min, 20 sec. East, for a distance of 6.80 feet TfiENCE, Narth 36 deg. to a point for corner; THENCE, North.53 deg. 0"~ min. 40 sec. West, for a distance of 36.00 feet to a point for corner; North~36 deg. 56 min. 20 sec. East, for a distan<:e of 70.00 feet THENCE, ' a point fox corner; feet THENCE, North 53 deg.•0~ min. 4o sec. West, for a distance of 35.00 to a point for corner; -• ~ .~ 56 min. 20 sec. East, for a distance of 65.00 feet THE:dCE, North 3G deg. to a point for corner; THENCE, North 53 deg. 03 min. AO sec. Wes'', for a distance of 35.00 feet to a point for corner; TTiENCE, North 3G deg. 56 min. 20 sec. East, for a distance o 75.00 feet to a point for corner; 03 min. 40 sec. .East, for a distance of 96000 oret THENCE, South 53 deg. O.II392 acres of land, to the POINT Or IIEGINNING and containing less. EXCLLSSION FR (RAC'T A (}.iwS71z1AL Dt5(FtSCT ZOt•~ ,? r~ " 'rnnc~r T+o • ass our ar • ~_nt:o l,tiostr ost t, "_--~ u,y~>!Y , ~rrxn~ • oJ~l rs• orsutwr.~"~i:~i~rnsort c_~_ o f Tract Ito . 1 as heroin •L' SoutT~r.rly corner Commcnc inC at t}~c mos ~ descriUcdt it0 sec. 4lc=sty .'a'-onC `~t~'1 vriLh the 1n~• 1 for a di.stancc of 92.GG Scct TIIEt~CE, North s7 deG• 03 l~pc of Tract 110• acre 1:ract of lane] hcrc- Sou~t}~~•~esterly }}eCirnin~ of t1~c 0.)•211 to ~Lhc P°int of ' g.n describedt Ito sec'. trJest,, -for a d.';stancc of T'.1EtiCL, Tlorth 53 dcC• 03 min. ~ta.~ce lgtt.its feat to a Pp1'~t for corncrt tAcst, f°r a dim oS sec• ~6 min. 20 TiIEIiCE., South 36 dc~• ~ corncrt 0 SCet to a point for for a uistanc° of 170•` ~ ~ !s0 sec. East:, T} ~i~iCE. South 53 dcf~• 03 tnyn• " r corner; ~5 ?5 feet ~,° a p01nt f G min. ?_0 sec. 41cs"t, for a cli;ttincc of TNE11Cg, Soutn 3G da~nt,for corner; 106•Stt Seet t0 a p ,40 sec. 41cst, for a distance of f TiLFftCE, l~o~o`~`S~o~~t' for corncrt 10.0 fcc,. ;t~nce o. sec, r,a~t~ fcr a di G min. 20 T}~;7C~, ilcrth 3G~oint 1'or corncrt ;Lance cf yG. Sti fCe t tc a t \~Ics'c, for a :._. p~ train. ItG scc• T1~1'rr idortl~ 5~ d°C' f corner; ~~_ ~ oo i.n :, or t. ?5 fee ` t0 a cast, for a distance o_ 5• G min. 20 scc• T1lEi~CE, Tiorth 3G °eC••.t5 fOr corner;' 1GO,n0 feet to a Q°~n j~st, r 4 distance of Il0 ~~(, ~ 10r ~' ~ ~ South 53 dcr;• 03 ;nS1t• 'PltFi~i,>;, oin•L f°r corncrt 201j .its SCet t0 a P 41e, t, for a distance of G mii1. 20 scc . ., 0 .12).1 acres to the Point of IIeSinnin(?, and contain%-n~ Titi:IiCL•' ~ South 3G deg• 5 . 1p,0 feet or less. ~ . of land ~ more . ~ ' ..~ '~ I ~ :. ,. ,. ~" :~ ~ .. ~,, EXCLL35~ ~~' '~T A {iFDIIS>mAL prSTR7CT 20NEI . }•1 O It , ~~1l~CT • 0.2 6 ncrccs_or I,Y1jrD, r,tioR>; o.~s: ouT g.F T1~= . :Y: ~~l~r}:x~o}I courrT't ~ ~.'~xns --~~~~r;lurz-sure ~', n~ n_L the tnos'~ 11orLhet':-Y ~orncr of 'iract 1Io. Commcnc ins herein described; `rlesl:, a1on~ anc: with the G miry. 20 sec •. lance of ].63.70 feet T1{£I~Ci;, South 36 deg• S for s, dls .,at of l~u1d herein line of tract Tao' 3p.2 b acre tr~• Tlorthv~csterlYof I]eCitinJ~U of 'lhe 3 5 to t11c Po in describedt ~i0 jeC. 1~lest, for a dis'ta'~cc c2' T}~ttCE, Nortr. 53 dc~,..C3 min• 7~,3p feet to a point for cornett 6 min. 20 sec . ii as L, for a d! s'cznce of T}~NCE, North 3G ae~'L for corner; 19•Utt feet •to a poin" t-~ncc of 1i0 ~cc , Ylcs t, Sot a dis T}~NCL, T7orth 53 deB;• p3 min. 0G feet to a poU'it for corner; S lance o. ,T 55• sec. ldcst, or a d.is f T}[L1ICL, Sauth 3b dc(~• 56 m>», 70 feet ~,:o a pov~'t for corner t 0 ~,icsl, for a dislancc of • 55' S ~' Ito sec T1rL14CF., i;orth 53 de~• 03 min`• • 13'.00 acct tc a point for cornr_r~ a dist~cc oS t ~(, n~in. 70 ~cc. %a;t; for c.c~• ~ •;}(_I~Ci., forth 3 n cet to a noint~fer corner.t iO.C„ ~)esl~ for a distance or ?Yorth Od dc~. OQ min. jet ~^~ Tl[°1lCL• .~ rot corner ~ ,. ')l Seel -co a join t for distar,cc cl 9 1~ sec . P.a~ ~, TI~;ICS, Nort11 3b cJ~P>• 53 mi-n. 1 11,76 Stet to a ooi»t for corner; 1fl sec, ras•r, for a dis-1:ance of T}I;r1~Cc. North 82 def. J.~ min. 9•bp feet to a point for cornett t for a distance of iCE. North 3G deC, jb min. 20 sec. Eas T}ZE~` t .~ point for corner; ,. 29,35 fee ~o a r 7.0 sec. E^~t~ for a dis ~arcc of ~}{L1:CE, South 53 do~r,~tO for corner; " 197 .0 b feet to ,a P a d is lane e o f ~f, min. ?.0 :;cc, ti•rc~t, for Tlpa•ICL, South 3G oic't ~-or cornett l9.at., feel to a P Ito sec.•l;ast~ for a cii,t;u~cc TrrE11CL;`~South 5;f deG•~ 03 min• . (' G0,3o feet tc a poin.l for cornett `~f.' . EXCLIl~ON fR0#+l • N~ A ~>t~llS'iT?IA.i' Dt5TFtlCT ZOt~ ,• TRACT rlo. ~ , t• 0 1299 nCRES OF I.nNp InOREnORI{U~SSUR0y1=Y --ID "`~tL•'FFI:f1S01•( COUi~'fY Ti;xnS ost Southerly corner of Tract rlo• 3t I3c~inninC at th e m Fast for a d:istar.ce of South 21 ae~. 3l min. 12 sec. Tlff?ICE, r corners t f , 2tt.fl5 feet .to o ous a.p 4(e,t ta^,ce Sor a ciio of T1(>r;4CE, South 6 min• 20 sec. 36 dc~,. 5 t for corner; , 12y.00 feet to a poin distance of 'fl[EI~iCF„ North 53 dc(~• 03 min• ti0 sec. ett 14est icr a lb feet to h1 a point for corn of . th 3G de3• S~ min. 7.0 sec. ]ins C, fora G:.stc~ce TIfGFiCG, nor 32'.00 feet to a point foe corner; 1 ce of . ^ ~ min. 20 sec. East. fcr a Qistan TltFitCF, Ptortll t ~1 ain~t for cor-',crt a p o ltt.11~ feet - ' 5 ;; is~ance of South T1iL?tC~, : ?10 sec • 53 deG; 03 inin f DeginninC -. ' 4nd con~:ainanG 0.17.99 acres ~ ~ IO.OO feet t0 r o 01-~ ~ t11C F ' of la~,.d ~ Wore ~~ or les . ~ ::. ~:'' :, EXCLUSiOH ~~''• .,iACT A {tF1~US'[FiSAI. pt$'fFiSCT ZOt~ ~nnc'r rin. ~ ~'?--- d~'~Rf1lU'i~Fs_ v-ttY~Y h10R},i,p~S~- ~lETisS D ~ to • ~. corner of 'Pract No. :3t UcCinninC nt the most SouthcrlY 1i0 sec. F.a,t, for a,di;tanr,e of T}CLIICF, South 53 de~• 03 min. • to a point for corner; ]20.70 feet tancc of b loin. 20 sec . Ylest, fer a dis T}CI:t1CL, South a}post,for corncrl ,• .~S,p feet t° l~}est, for a distance of TI~NCE, North 53 dcC •~ ~~ m~ • !t0 sec . + to a point for corner; 8:3'.50 fee - Y1es+~,. for a distance o: 20 sec. 6 m ~.n T1IF.PICF., South 36 do{,. S a point for corner; 1.17.0 feet to Ylc~t, for a c tlncc oS '..is Sout}•, Q1 dc,. 56 min. 20 soc. ~f}(LI1CE, oi.nt for corner; a P ~, : 3~S~,1II feet to _ Ylest, for a distance o T]U:IICE, Scuth 3b def. 5b min. 20 ace. for corncrl 65 75 fe°t tO ~ 17Oi1'~; st for• L•a ;, , tancc of dis 1;0 sec. Tl1L•itCir, South 53 deU• 07 tnit~. '~ for corner; i n •91,II5 feet to a po ast, fer a i d~.stancc of , ~,: `:. _ 02.min. 24 sec. South 06 dcC r ; ti for coznc T1L1lC~, 1t:.G1 Stet 1:c a pc in for a d~stancc. of ~t 17 min. 57 ~cc. )/a, , South, 57 der~• r ; .~ r 1L.IlCr.~ect to a point fOr corne 13.53 for t ~.dist1ncc o: , fas uth 06 8eg• 19 min. 07 sec• z• S ~ o ilLLtiCE, 75 feet •to a point for corne 17 f ,~ distanca of . or 11 min. 3II sec:. 4lest, uth 36 deg' 9 T}{EIiCE, So a poi»'t for corner; t o 6 feet ~. 3 , 9 Ylest, for a dicta-'ice o, cr South D2 deG. Olt min. t:1 sec. T}{,,,ICL• , a point for corncrl f ct to 13.27 fc ~ {or `nest a dista:'~cc ° , TldiiCL, tlorth 53 doC- 23 mzn. 3. l; sec. a post for corner; _ ~!I ,7.1 feet to for Uics't a distance of , tnin• jp gee. ' 7 •f}rS,iCC, tlorth 87 clet;• 5 oi;~t for 'cornert 11•c1~• feet to a p for a di,tanee 1•lest , !t0 sec. TIIF1lCEa'taorth 5.) dew', 0~ min. . a point for corner; ' 11.3•p feet to ~; ~: '~ ~ - . •,r _t ~~ ~ ' ~ A (tSX!$TA1AL DSTF?fCi ZOt~ . ~ EXCII JStOrd FF?OM . T~ncT iao. 6 .. ~ '~~ b min. 20 sec. d Esst,• for a distance of _ T}~1ECE. 1lorth a t c~. ~b point for. corner; o 50,0 feet East for a da.stance of T1(L1ICI:, South ?10 sec. 5~ de(;• 07 min. r corncrt Jt f , 10.90 feet to o a poin t of taorth 36 de~• jG min. 20 sec. L:asti, for a d-~tance T}[E?tCE, p~,70 feet to apeint,for corncrt . If0 sec. East, for a di^tancc of T1iT:I1CE, South to 5~ dc~. 0~ min. a point for corner; 21,0 feet of th ~6 deb;. 5~ min. 20 sec, East, fcr a distance T}~}ICE, nor 129.0 Sect to a point for corner; 1'i1zNCL•, ?north 21 de(;• ~l m=.». 12 ace. innin~ f Dr `nest, for a c',i:'cance of o.nd conCaii~,~.nf; 0.2G7.~~ acrd 2ts.F55 feet'to _~ 'the Point o of land, more or less. ~;' ~''~ ;~ ,~ . ~ excws>ort wort rnati. a crnils•rc?saL asr>;nc7 zor~ ~• Q _ ~_.. ~~_ ,~ . ~y{j V `'_ ~_ / ~~ _`... Iwo"'"'--~ ~. ~/ G~tInL /"°~' ~n^°~C ES ~is« o ~ptrE t~L E IS~Nt~ , $ rLE~Lfi nKC __ Snp~t~E E vrcrNrrr nrn ~___;~_ GnE~r cA•~Es cA~eoN~ " /~^ ani NO. TRACr NO. G ' rRncr Nos ~ u. rrr- .t.. 0 r•l~ nr. rn,,cr Na. z u nY~r ~r. r•-- """-'- _-` COKE-DOCK-ROAD '-- ~~! 1, t, •.:' ~ it JII II, ~~ f . ~ I ~ I J I I1 1 I ~ I j II I i i I -~ J 'I ~rnACr No. i + r. 9191 I <. C1TY 0~ PORT ~RTlIUR r.~~Licr. ntnl (1 f~tV I510N c0-OEN /'01t'ER /NC. ~. sl~c A~.' rrrncrs ~nnvrr+~ r. n+rrcir£cc ~Cnt_C r ": ZCn ~ttt'ci<ro ~ c wrs~rra r,rrnovr:o . ~- Unl'C ~ ncr. rJ i900 I>:'rl._-~ ~ay~ y ~~ / 'on'~ ~ ~Y Day WEST 'TuPUlsl ~ 8A°.i(~.1 -S -n ~ ~ 'o `` _, ~ . n, o . -~ 8 1 ~ ~ ~°~ b. c Z u o -~° ~ o p6yrn~1 ~ m C~ ~` ~ ~) ~ Q 1' ~ C7 --fA O ~ n -- ~ o. ~ so~.4:- rv - "'. ~ O C 41 O oq ~ r° ~ { ` 450'± ~-^ ~ ~ ~'~ `'o o ~ ~' (~ r c ~ a. .J J > o N p ' G _ ~ 3 ~* 7S ` /~ _ N 4JO'~ ~, ' fro ~ n ~rc~ _{ ~ ~ in 6~ Z ~ ~~~ 0 N (SJ ~ ~ ;' \ V p As L p f*~ ~ D i C) a o - m -=i -~ rn r ! o ~ X . ~ r 20 - ~ ~ ~ = n m r~xnco ~~ ~ ia~.tuo n ° ~ ~ r o~ . m < D D. Y ~ i p ~ ~ ~ pZ x O ~ p ~ 7L !o z E rn ~- t Y o r~ ~~ \ O ~ p ~ C~ ~ Y ~' z ~ m o z J r ATTACHMENT "B" Oxbow Calcining owns all of the property in Attachment "A"