Loading...
HomeMy WebLinkAbout(02) 13115: PREMCORINTER MEMO To: Mayor, City Council & City Manager From: Mark T. Sokolow, City Attorney F~-~ ~ Subject: P. R. No. 13115 Council, Meeting May 10, 2005 Date: May 20, 2005 Attached is P.R. No. 13115 approving an industrial district agreement with the Premcor Refining Group, Inc. for the Tier II Diesel Project for the years 2005 to 2009. There are two (2) Premcor Agreements (Tier II Diesel - P. R. No. 13115, and Refinery Rate Expansion - P. R. No. 13114) that will be considered by City council on May 24. Once approved, the applicable Resolution Number will be inserted in Section l(c). The attachments are quite lengthy and are available to be reviewed in the City Secretary's office. The Company is agreeing to pay the City amounts equal to 75% of the amount of taxes that the Company would have paid to the City with respect to the Project as if it had been constructed within the City and had the City entered into a property tax abatement agreement in substantially the same terms and conditions as the Jefferson County Abatement Agreement. The Jefferson County Abatement Agreement has the following tables: TIER II DIESEL PROJECT SCHEDULE A For the portion of the value of Eligible Properties provided by Direct Hire of Local Labor: YEAR OF ABATEMENT p~T.IMT~Y ABATEMENT PERCENTAOE (PAP) 1st Year 2005 100% 2nd Year 2006 100% 3rd Year 2007 35% 4th Year 2008 40% 5th Year 2009 60% z .pr13115 .memo SCHEDULE B For the portion of the value of Eligible Properties provided by Local Subcontractors: YEAR OF ABAT~ENT p~?.I~INARY ABATemeNT PERC~IFfA~E (PAP) 1st Year 2005 100% 2nd Year 2006 100% 3rd Year 2007 35% 4th Year 2008 55% 5tn Year 2009 75% Section l(b) of the contract states the following: "(b) The City of Port Arthur is entering into this agreement with the expectations that the Company will act in good faith as to the usage of Port Arthur residents as employees, and as to the usage of Port Arthur contractors, suppliers, and professionals. Premcor will post job openings with the Texas Workforce in Port Arthur. Premcor will also request that its contractors and subcontractors post their job openings with the Texas Workforce in Port Arthur." The Company will also produce to the City any information as to its performance and hiring programs that has been made available to Jefferson County under their Tax Abatement Agreement. MTS:ts Attachment cc: VIA E-MAIL= meaves~spain-law.com Mr. Michael K. Eaves SPAIN, CALVERT & EAVES z. prl3115, memo P.R. No. 13115 05/19/05 ts RESOLUTION NO. A RESOLUTION APPROVINg AN INDUSTRIAL DISTRICT AGREEMENT WITH THE pREMCOR REFINING GROUP FOR THE TIER II DIESEL pROJECT (2005-2009) WHEREAS, the City Council deems it appropriate to enter into an industrial district agreement with the Premcor Refining Group, Inc. for the Tier II Diesel Project (2005- 2009) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute an industrial district agreement with the Premcor Refining Group, Inc. for the Tier II Diesel Project for the years 2005 to 2009, in substantially the same form as attached hereto as Exhibit UA", with an effective date of June 1, 2005. Section 3. That the timetable for the calculation of valuation shall commence as of January 1, 2005. Section 4. That a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED ~ APPRO~D on this the __ day of , 2005, at a Regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote: ; AYES: Mayor City Councilmembers NOES: OSCAR ORTIZ, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION= STEPHEN FITZGIBBONS, CITY MANAGER STATE OF TEXAS COUNTY OF JEFFERSON § INDUSTRIAL DISTRICT AGREEMENT WITH REGARD TO THE PREMCOR REFINING GROUP INC.'S LOW SULFUR DIESEL HYDROTREATER REVAMP PROJECT (TIER II DIESEL PROJECT) (2005 - 2009) WHEBEAS, the City of Port Arthur {hereinafter referred to as the "City"), The Premcor Refining Group Inc., formerly known as Clark Refining & Marketing, Inc. (hereinafter referred to as "Premcor"), and Chevron U.S.A. (hereinafter referred to as "Chevron") have entered into the following Industrial District Agreements as they relate to industrial projects on land owned by Premcor: (1) 1998 Industrial District Agreement with Clark Refining and Marketing, Inc. for the refinery with its existing improvements as of 1998, approved per Resolution 98-288, with such agreement providing for the payment to the City of Port Arthur of $1,825,000 per year until October 15, 2008, with an inflation factor being added for the years 2004 to 2008 with the expectation that the City will continue to be paid a negotiated "in lieu of tax" payment thereafter. (2) 1998 Industrial District Agreement with Clark Refining and Marketing, Inc. for Heavy 0il Upgrade Project approved per Resolution 98-289 with such agreement providing for the payment of $698,000 per year from 2001 to 2004 and the payment of $872,000 per year from 2005 to 2008 with the expectation that the City will continue to be paid a negotiated "in lieu of tax" paymen~ thereafter. (3) 2003 Industrial District Agreement with Chevron U.S.A. for the ethylene plant with its existing improvements as of 2003 approved by Resolution No. 03-355 which is leasing a portion of the property described in Attachment "A" from Clark Refining and Marketing, Inc., now known as The Premcor Refining Group Inc. and its affiliates, and whereunder Chevron has agreed to pay the City $1,185,000 per year until the year 2008 with the expectation that the City will continue to be paid a negotiated "in lieu of tax" payment thereafter. (4) 2003 Industrial Agreement with The ?remcor Refining Group Inc. for the Premcor {Hydrotreater) Refinery Expansion (50,000 BPSD 2 gasoline hydro processing unit) approved by Resolution 03-297 with such agreement providing for Premcor's yearly payment of amounts to the City equal to 75% of the amount of taxes it would have paid with respect to the project as if the project had been constructed within the City's corporate limits and had the City entered into a property tax abatement agreement with Premcor with the same terms and conditions as those contained in the December 23, 2002 agreement which Premcor reached with Jefferson County for that same project, with such payments being made by Premcor to the City from 2003 through 2010 with the expectation that the City will continue to be paid a negotiated "in lieu of tax" payment thereafter. WHEREAS, the City has approved the partial assignment of the Clark Refining and Marketing, Inc. "in lieu of tax" agreement as it pertains to the Coke Handling Facility to Trans-Global Solutions, Inc. pursuant to Resolution No. 01- 93, wherein Clark Refining and Marketing, Inc. and its affiliates, remain liable for the "in lieu of tax" payments to be paid; and WHEREAS, the City has approved the partial assignment of the "in lieu of tax" agreement as it pertains to the HOUP Industrial Agreement to Port Arthur Coker Company L.P. and to Air Products and Chemicals, Inc., pursuant to Resolution No. 99-174, wherein Clark Refining and Marketing, Inc. and its affiliates remain liable for the "in lieu of tax" payments to be paid; and WHEREAS, per Resolution No. , Premcor, Port Arthur Coker Company L.P. and the City of Port Arthur are also entering into an Industrial District Agreement for a Refinery Feed Rate Expansion and decoker expansion for the years of 2005 through 2014; and WHEREAS, Premcor {hereafter referred to as "the Company") plans a iow sulfur diesel hydrotreator revamp project on a portion of the tract that is owned by the Company; and WHEREAS, the Company desires to enter into another "in lieu of tax" agreement ("Agreement") with the City with regards to a iow sulfur diesel hydrotreater revamp project being undertaken by Premcor; and WHEREAS, the Company still owns the property described in Attachment "A"; and ~THEI~J~S, the Company plans to make a capital upgrade in the timetables and costs as estimated in Attachment and on the land described in Attachment "C"; and WHEREAS, the Company is a business that presently produces the products described in Attachment "D" on the tract; and WHEREAS, the Company or its assignees presently has the equipment and units, and the accompanying values thereof, described in Attachment "E" for the property described in Attachment "C"; and WHEREAS, the City and the Company wish to address the following: (1) health and safety issues on the land, existing plant, and the proposed improvements described in Attachments "B" and "C" and at any existing plant or any plant that may be built thereon and procedures for the City's review thereof, (2) the needs of the City to have a stable revenue source that is not materially affected by appraisal litigation, (3) the need to define backup services provided by the City, {4) employment opportunities for Port Arthur residents, minorities, and companies, and (5) the terms of such Agreement; and WHEREAS, the City and the Company desire to enter into an Industrial District Agreement with respect to the projects described in Attachment "B" and on the property described in Attachment "C" that is within the extraterritorial jurisdiction of the City; and WHEREAS, the City and the Company agree that there has been full and adequate consideration for this Agreement; and WHEREAS, the Company has previously obtained a tax abatement on the project from Jefferson County, as described in Attachment "F" for the project described in Attachment "B" and therefore, agrees that this project constitute a major capital upgrade or expansion for which the Company is required to pay additional "in lieu of tax" payments to the City of Port Arthur; 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 Agreement 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 C~mpany agree with each other as follows: Section 1-Payments by the Company (a) For the years 2005 through 2009, the Company shall pay to the City amounts equal to seventy-five percent (75%) of the amount of taxes that the Company would have paid to the City with respect to the project described in Attachment '~B" as if it had been constructed within the City's corporate limits and had the City entered into a property tax abatement agreement with the Company with substantially the same terms and conditions (with the exceptions thereof as noted in Section l/b)) as those contained in the Low Sulfur Diesel Hydrotreater Revamp Project (Tier II Diesel Project) Tax Abatement Agreement For Property Located In the Premcor Reinvestment Zone, which was executed on November 30, 2004 by and between Jefferson County, Texas, and Premcor (hereinafter referred to as ~The County Abatement Agreement~'), a copy of which is attached hereto as Attachment ~FJ'. It is the express agreement and intent of the parties hereto that the amount of the ~in lieu of tax'' payments for the project described in Attachment '~B" will be such as to put the Company in the same financial position as the Company would have been in had the Company been a taxpayer of the City for the years 2005 through 2009, but was obligated to pay only seventy- five percent (75%) of its taxes, and had the City granted a similar property tax abatement, with the exceptions as noted in Section 1 (b) for the project described in Attachment "B" as was granted by Jefferson County under the County Abatement Agreement as denoted in Attachment "F". Accordingly, it is understood and agreed to by the parties hereto that the amount of any "in lieu of tax" payment made hereunder shall be determined by, among other things, the Final Abatement Percentage for each year of Abatement, as determined under the County Abatement Agreement, with the exceptions as noted in Section l(b) and the value of taxable and non-taxable property as determined by the Jefferson County Appraisal District, including any pollution control exemptions. The "in lieu of tax" payments will be due on or before October 15 of each of the years 2005 through 2009. (b) The City of Port Arthur is entering into this agreement with the expectations that the Company will act in good faith as to the usage of Port Arthur residents as employees, and as to the usage of Port Arthur contractors, suppliers and professionals. Premcor will post job openings with the Texas Workforce in Port Arthur. Premcor will also request that its contractors and subcontractors post their job openings with the Texas Workforce in Port Arthur. (c) These payments, as denoted above, shall be in addition to the other "in lieu of tax" payments, as denoted and as requested by Resolution Nos. 98-288, 98-289, 03-355, 03-297 and Resolution No. (d) The City shall not refund or credit any monies previously paid by the Company prior to the date of execution of this Agreement, either directly or indirectly to the City. Section 2. If requested orally or in writing by Premcor, the City's Fire Department shall provide back-up Fire Suppression Support as determined by the City's Fire Chief, and the City's Police Department shall assist in providing an evacuation route and traffic control in the case of a fire or a chemical release at the Premcor facility located in the City's extraterritorial jurisdiction. Nevertheless, the Company shall abide by and shall take such precautions as to (1) prevent fires, explosions and chemical releases and {2) the imprudent discharge of storm water that contribute to flooding on adjacent property. The Company 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 employ or provide sufficient primary fire suppression response, as well as control and abate chemical releases. The Company shall 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 Attachments "A" and "C". If there is a fire and the City is requested to provide initial and primary fire suppression services or if a clean up is required under the 2000 International Fire Code, the Company will pay to the City the costs and expenses incurred by the City and any of its departments. Section 3. The Company shall promptly notify the central dispatch office which serves the City's 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 permissible exposure limits at the plant fence lines. Section 4. Annexation for Health, Safety and Welfare Reasons. It is specifically stipulated that nothing in this Agreement will in any manner limit or restrict the ~hthority of the City to annex all or part of said lands and facilities during the period of the Agreement if the City should determine that such annexation 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 "C" prior to October 1, 2009 will not be made for revenue purposes only. Section 5. Annexation due to Legislative Action. Notwithstanding the provisions of Section 4, 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 to make full payments for the year during which such annexation becomes effective if the annexation becomes effective after January 1st 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 to the property descr'ibed in Attachment "C" to this Agreement. In case the property described in Attachment "C" is annexed prior to December 31, 2009, the City will remit to the Company any taxes paid to the City in excess of the "in lieu of tax" payments as described in Section 1 as an economic incentive program as allowed under Chapter 380 Local Government Code. This partial remission of taxes (Economic Incentive Program) will only be applicable until December 31, 2009. If the annexation laws are changed so that the City can no longer annex the property of the Company and if the parties cannot reach an agreement on a new payment schedule or on a new "in lieu tax" agreement, the Company agrees that it will continue to 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 the City an "in lieu of tax" payment of seventy-five percent (75%) of its taxable value times the City's tax rate for so long as it or its assignees and successors or affiliates own the property as described in Attachments "A" and "C". 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 pay the City "in lieu of tax" payments at the seventy-five percent (75%) rate, as denoted above for successive periods not to exceed 15 years each, for a total duration not to exceed 45 years. "Taxable value" is the value as determined by the Jefferson County Appraisal District in its appraisal rolls after the completion of all litigation and appeals (if any), of all property, industrial realty and improvements, excluding the value of exempt pollution control devices, owned by the Company and located within the extra-territorial jurisdiction of the City as described in Attachments "A" and "C". This also includes the appraised value of any property that is located in a free trade zone or in any other type of federal, state or local zone. Section 6. The parties agree that the City has the sole discretion after October 1, 2009 to annex the property in Attachments "A" and "C" or to enter into negotiations on the payment by Premcor of additional "in lieu of tax" payments. Section 7. The present owners and lessees of the property in Attachment "C" are described in Attachment "G". The City reserves the right to annex that tract or parcel if the owners or the lessees do not pay an "in lieu of tax" payment for their interest in the property and in the improvements. "Nothing contained herein shall be construed to prohibit or prevent 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 tax" payment will be reduced by the same percentage as the appraised value of the tracts under the contract are reduced. Section 8. The City will not commence annexation proceedings prior to October 1, 2009 for the Company's property as delineated in Attachment "C" to this Agreement under Chapter 43 of the Local Government Code or file litigation in District Court to abate or prevent a nuisance or seek a civil penalty under Sections 54.016, 54.017, and 217.042 Local Government Code for "health, safety and welfare concerns" until written notice of the concerns have been delivered to the Company, and they have had a reasonable opportunity to respond and to address the City Council in open session. Section 9. If, after having a reasonable opportunity to respond and address the City Council in open session in accordance with Section 8, there is still a dispute as to whether there is a health, safety and welfare concern for an event that occurred prior to October 1, 2009, the matter may, at the request of either party, be submitted to arbitration before an arbitrator selected from a panel supplied by the American Arbitration Association. The arbitration shall take place in Jefferson County or at such other locations to which the parties agree. The request for arbitration must be demanded in writing no later than ten (10) days following the City Council meeting at which the Company had the opportunity to address the City Council in accordance with Section 8, or the rights to arbitration shall be waived unless the parties agree otherwise. The costs of the arbitration shall be shared equally between the parties. The arbitration process shall be completed within forty-five (45) days from the date the arbitrator is selected, and if it is not so completed, any party may proceed with annexation or litigation, as they so desire. Section 10. When hiring, the Company shall continue to seek qualified applicants by advertising in the official newspaper of the City as to give Port Arthur residents a fair opportunity to apply for employment with the Company for work at the facility that is located or will be located on the land described in Attachments "A" and "C". The Company shall use its best efforts to hire Port Arthur residents for both the construction work and permanent jobs. Best efforts shall also include advertising for construction and permanent jobs in the local market including local radio stations in Port Arthur and shall also include recruitment through the Texas Work Force Commission in Port Arthur, Lamar University in Port Arthur, PAISD, Sabine Pass ISD, the Black Pastor's Association and the Ministerial Alliance, the Port Arthur NAACP and local labor unions. Premcor shall also give Port Arthur companies a fair opportunity to sell goods and services to Premcor. With respect to the capital expansion contemplated in Attachment "B", and for major new capital expansions on the land described in Attachment "C", the Company shall also meet every other month or at other intervals mutually agreed on with City officials to monitor progress on hiring and hiring efforts and to try to make adjustments in the recruitment process if needed. The Company will also have a local hiring facility in Port Arthur or in Port Arthur's Extraterritorial Jurisdiction for both the retention/selection of new employees and contractors. Ail employees, as well as contract and construction workers, will be paid at least the prevailing wage, as set by the City, in accordance with Chapter 2258, Texas Government Code, V.T.C.A. The Company shall also be receptive and responsive to SBE/MWBE projects and programs of the City. Section 11. The Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in this Agreement to any of its subsidiaries or Premcor affiliates (with ~Premcor affiliate" meaning any entity that owns directly or indirectly 50% or more of Premcor, or in which Premcor directly or indirectly owns a 50% or more interest) in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement at any time during the term of this Agreement without the consent of the City. Premcor shall be financially responsible for the ~in lieu of tax" payments for which Premcor's subsidiaries or Premcor affiliates may become responsible under this section of the Agreement. If Premcor desires to sever its relationship to the subsidiary or affiliate, it must seek the consent of the City, which will not be unreasonably withheld, if it no longer desires to remain financially responsible for the subsidiary's or affiliate's ~in lieu of tax" payments. The Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in this Agreement to any person other than one of its subsidiaries or Premcor affiliates in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement at ~y time during the term of this Agreement, provided, however, that the Company shall provide written 17 notice of such assignment and shall receive the written consent of the City Council, by a duly adopted Resolution, which will not be unreasonably withheld. If the Company desires to make an assignment to any person other than a Premcor subsidiary or affiliate, it shall make a written request to the City Council attaching (1) a description of the new company, (2) a financial statement of the new company, (3) the proposed contract between the companies, and (4) the portion or portions of the plant or plants with respect to which the rights and obligations are to be assigned. 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. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12. The City encourages capital expansion on the land described in Attachment "C" and the City and the Company agree to act in good faith to negotiate reasonable incentive programs with the Company as such new projects are contemplated. This includes major new capital expansions tha~ are not presently delineated in Attachment "B", i.e. an increase in capacity to process heavy oil beyond 30,000 BPSD or beyond, since all parties agree that reasonable incentive programs should be offered and that the Company expects to pay reasonable "in lieu of tax" payments on major new capital projects. "Major new capital projects" shall also mean any project for which the Company seeks a tax abatement from any taxing entity. Section 13. In the event the capital expansion project contemplated in Attachment "B" is not substantially completed through no fault of the Company, then the Company shall nevertheless be obligated to pay seventy-five percent (75%) of the project's existing appraised value times the City's tax rate, or the payment amounts delineated in Section 1 herein, whichever is less, for the remaining term of this Agreement. Section 14. It is agreed by the parties to this Agreement that the Company and the City have the right to seek equitable relief, including specific performance of this Agreement. Section 15. The Company shall allow a reasonable number of authorized employees and/or representatives of the City who have been designated and approved by the City Manager, City Council or Mayor to have access to the Company's 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. Ail inspections will be 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. Ail inspections will be made with one or more representatives of the Company and in accordance with industry safety standards. Section 16. The Company shall certify the commencement and completion date of the contemplated improvements described in Attachment "B" herein. Additionally, the Company shall use its best efforts to furnish or make available for inspection the following information or written statements to the City at least every six months during the construction period of the project described in Attachment "B" and of major capital improvements on land described in Attachment "C": (1) Statement by the Company describing the status of construction of the contemplated improvements, percentage of construction completed, construction schedule and the Company's estimate of cost or taxable value of constructed improvements on the date of the statement; and 2O (2) Statement by the Company of numbers of Port Arthur residents, minorities, and companies hired, the amount of Port Arthur services and Port Arthur goods purchased; and (3) Any information, documents or records of any kind reasonably necessary for the City's evaluation of the Company's compliance with the terms and conditions of this Agreement, provided that the Company shall not be required to furnish any information, documents, or records which a reasonably prudent company under the same or similar circumstances would consider to be harmful to its business operations. Nevertheless, at the request of the City, the Company will produce to the City any information as to its performance and hiring programs that has been made available to Jefferson County under the Tax Abatement Agreement attached as Exhibit The Company's statements described above shall be verified by the Company's project manager or other appropriate representative. Section 17. The Company agrees to annually furnish information necessary for the City to evaluate the Company's compliance with the terms and conditions of this Agreement. The Company further agrees that on or before March 1st of each year of this Agreement, the Company shall provide the City an annual report/statement of compliance with this Agreement. Section 18. The Company has been and is in the process of building the improvements described in Attachment "C". Currently, the Company spends over $100,000.00 per year through the Port Arthur Industrial Group toward assisting in the establishment 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 affirms its intention to continue its participation in the Port Arthur Industrial Group during the life of this Agreement (2005-2009) in order to continue the Company's efforts to assist in the establishment 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 to request and encourage the contractors and subcontractors which are hired to work on the projects described herein to work toward establishing and funding their own apprenticeship, internship and/or educational programs and projects for the training of Port Arthur residents for permanent jobs in the Port Arthur area. The Company further hereby agrees to request and encourage its future contractors and subcontractors which are hired to work on the projects described herein to work toward establishing and funding their own apprenticeship, internship and/or educational programs and projects for the training of Port Arthur residents for permanent jobs in the Port Arthur area. Section 19. The Company has indicated that additional construction jobs will be utilized in building the improvements for the new project, as described in Attachment "B", and that new permanent jobs will be created at the plant once the new project is completed. The City reserves the right to hire or contract for a monitor as to inspect the Company's records and hiring practices in accordance with Section 16 as to verify whether the Company has complied and will continue to comply with this Agreement. Section 20. 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 which the alleged default may be satisfactorily cured. Thereafter, 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" payments. Section 21. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes 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 22. Severability. If any term or provision in this Agreement or the application thereof to any person or circumstance shall to any 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 Agreement or the application thereof which can be given effect without the invalid or unenforceable provision or application, and the parties agree [hat the provisions of this Agreement are and shall be severable. Payment of the "in lieu of tax" payments is an essential part of this Agreement. Section 23. Remedies Cumulative. Except as otherwise expressly provided herein, all rights, privileges and remedies afforded the parties by this Agreement shall 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 provided f~r herein or available at law or in equity. Section 24. Governinq 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 25. Authority. Each person executing this Agreement on behalf of any party hereto represents that he or she is duly authorized by all requisite actions and consents to execute and deliver this Agreement on such party's behalf. Section 26. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute but one and the same instrument, which may be sufficiently e~idenced by one counterpart. Section 27. By acceptance of this Agreement and/or benefits conferred hereunder, the Company represents and warrants that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind the Company to all of the terms, covenants and conditions contained herein. Section 28. Any notice provided 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 Refinery Manager City of Port Arthur THE PREMCOR REFINING GROUP INC. 444 4th St. 1801 South Gulfway Drive Port Arthur, TX 77640 Port Arthur, TX 77642 with a co~ to: with a copy to: City Attorney Tax Department City of Port Arthur THE PREMCOR REFINING GROUP INC. 444 4th St. 1700 East Putnam, suite 500 Port Arthur, TX 77640 Old Greenwich, CT 06870 Legal Department THE PREMCOR~EFINING GROUP INC. 1700 East Putnam, Suite 500 Old Greenwich, CT 06870 Section 29 This agreement is effective the 1st day of , 2005, and shall expire on the 31st day of December, 2009, unless extended by the City of Port Arthur, as delineated in Section 5. SIGNED AND AGREED to on the day of , 2005. THE PREMCOR REFINING GROUP INC. BY: Don Kuenzli Refinery Manager 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 The Premcor Refining Group Inc., formerly known as Clark Refining and Marketing Inc. 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., 2005. NOTARY PUBLIC, STATE OF TEXAS 27 SIGNED AND AGREED to on the day of 2005. CITY OF PORT ARTHUR, TEXAS BY: City Manager ACKNO~TLEDGMENT 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 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., 2005. NOTARY PUBLIC, STATE OF TEXAS LIST OF ATTACHMENTS "A" Area of land owned by the Company "B" Description of projects and timetables "C" Diagram of facility and proposed project sites Products presently produced by the Company "E" Existing values of land, equipment and units "F" November 2004 Jefferson County Agreement with Premcor for the Low Sulfur Diesel Hydrotreater Revamp Project (Tier II Diesel Project) "G" Description of owners of property ATTACHMENT "A'; Area of land owned by the Company (See attached legal description and schematics) December 14, 1994 TRACT 1 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 34.475 acre tract or parcel-Of land situated in =be B.C. Arthur Survey, No.227 and in Range 1, Block Number 2 and R~nge~Q, Block Number Two (2), Jefferson County, Texas and ~ing our 0f 49.S7 acre :tact or parcel o~ la~d des~lbed ~n deed from Joe Ste~s, W~ll Ste~s, ~s. Oriella ~pont, and her husband John ~pont, and David E. O'Fiel to Gulf Refining Company, dated July .~.4, recorded in Vol~e ~58, Page 112, Deed Records, Jefferson Cowry, Texas, said 34.47S acre traoC being more pa=ti~larly descried as follows: CO~CING at Gulf monument fo~d for the souChwes= corner 0f a 0.034 acre tract as described in Vol~e 219, Page 7&. of the Deed Records, Jefferson County, Texas; TH~CE North 41~13'45" East for a distance of 1939.55 feet to a found Gulf monument in the wast line of a sixty (60) foot county roadway; ~CE No~h 48o42'36" West for a distance of 9~8.35 feet to a fo~d Gulf monument in the south line of West Seven~ Street; T~CE North 41'24'00n East for a distance of 2301.30 feet t0 iron rod set for the POI~ OF BEGI~ING of the herein described tract; TH~C~ South 48'34'25" East, a distance of ~98.~1 feet for corner; TH~CE North 41~16'34" East, a aistance of 1469.56 f~e: point for. corner; THENCE North 48~44'04' West, a distan=e of 945.01 feat for corner; T~ENCE ~or%h 41~16'41a Ess:, a dis=ante of 668. ~ fe~t for corner in the wsstmrly right-of=waY line of StanCe Highway t~c~ ~ Pa~e ! of 2 Spur 214; THreE North 51030'58" West, a distance of 53.36 fee~. ,'CO a point for corner in the westerly right-of-way line of State Highway spur 214; THENCB South 41"17'24" West, along and with the southerly right- of-way line of county roa4way a dis=ante of 2132.54 feet to the POINT OF BEGINNING and containing ]4.475 acres of land, wore or less. Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision as recorded in volume 1, Page 24 of the Map RecOrdS, Jefferson COunty, Texas. 2) Drawing included on separate sheet. Mar~ W. ~i~el~y, R~.L.S. No. P.O. December 14, 1994 ~ 2 Chevron U.S.A., Inc.- Port ArthUr Refinery Jefferson COUnty, TeXaS Being a 40.410 aore tract or parcel of land situated in the B.C. 0.034 acre tra~t as ~es~ri~e~ ~n vol~e ~, ~= , Records, jefferson Co~ty, Texas; TH~CE North 41"13'45" East for a 4istance fo~ Gulf monument in the west line of a sixty (60) foot 00unty roadway; TH~CE NotCh 48~42'3~" West for a distance of 928.35 feet to a fo~d Gulf son,ant In the south line of West Seventh Street; ~ENCE North 41"24'00" East for a distance of 2301.30 feet point for corner ; said point also being ~e northwest corner of the 34.47~ acre tract desorib~ as Tract 1; T~ENCE North 04"37'19" East for a distance of 231,49 feet t0 iron rod set for the POINT OF BEGINNING of th~ .herein described tract; ~ENCE North 02"02'37'' WeSt, along and wi~ the southerly right-- distance of 2655.73 of-way of a si~tY (60) foot,ro ?aY, right-of-waY fins of feet ~o a point for corner ~m C~e S~aCe Highway Spur 214; . , ,, , along and with the THENCE South 48 42. 36_ .E~t. __..__.~,~. for a distance of - line of State ~lgnway ~ ~-~ . ~-=~ ~-~.~v lin~ or ~f ~ ~ - --~-~ f~ corner in Cn~ westerly State Highway Spur 214; T~CT 2 page ! of 2 o · "West along and with the northerly right-- THF~NCE South 41 17 24 - ' - - =z-~--ce of 1931.70 feet to awe · =or a uA=~=.. of-way line of county rca_ _~!._~nin. 40.410 acres of lamd, ~0re ~e POINT OF BEG!~ING an~ =~n~=~ ~ o= l~ss. No=eSt 1) Bearings ~ased on Pot= A~hUr Land Co. subdiViSion ~s recorded in Volume 1, Page 24 of ~he ~ap Records, jefferson County, Texas. 2} ,Drawing included on sepera=e ~heet. w. ~: \k~p ~O*~.DATA\T RACT Z .~&ll TRACT 2 pate 2 of 2 P,O. December 14, 1994 T~CT 3 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 554.09~ acre tract or parcel of land situated in the B .C. Arthur survey, No.227 and in Ranges P and Q, Blocks 2, ], and 4 (2,3 & 4), Jefferson County, Texas and being & tract or parcel of land described in deed from port Arthur Land ¢ompamy to Refining Company, dated November 11, 1913, recorded in Volume 140, Page 216, Dead Records, Jefferson County~ Texas, and also being a tract or parcel of land described in deed from Port Arthur Land Company to .J.M. Guffey, dated April 3, 1901, recorded in VolUme 49, Page' 6~2, Deed Records, Jefferson Texas, and a tract or parcel of land described in dseCl from Arthur Land Company to Gulf Refining Company, dated January 11, 1~02, rsoor¢lecl in Volume 56, Page 160, Deed RecordS, County, Texas, said 554.093 acre tract being more particularly described as follows: COHMENCING at a Gulf monument found for the southwest corner of a 0.034 acre tract as described in Volume 219, Page 76 of the Records, Jefferson County, Texas; THENCE North 37~29'18" West for a distance of 1009.73 to a for corner; said point also being the POINT OF BEG!hqqING of the herein described tract; THENCE North 41~40'36" West along and with the easterly line Kansas city Southern railroad right-of-way; for a distance cf 3988.28 feet to a point for corner; THENCE North 10~25'06" We~t for a distance of 95.85 f~et ~0 a point for corner; THENCE North 06~46'5§' Wast for a distance of 45.?~ fe~-t to ~ point for corner for the beginning of a curve to the right; TRACT 3 THENCE continuing along and with right-of-way line of state Highway 87, in a northerly direction along saic~ curve =o the Right having a Radius of 768.52 feet, · Central Angle of 50~37,47~t, a chord which bears South 11°54'24" West 657.23 feet, for an Arc length of 679.11 feet to a point for corner in the south right-of line of State Highway 875 THENCE North 37°14'24" East, along and with the south right-of- way line of State Highway 87; for a distance of 2662.95 feet to a point for corner in the south right-of way line ~f State Highway 87; THENCE North 38"17'24" East, along and with the south right-0f- way line of state Highway 87; for a distance of 229.19 fe~t ~.0 point for corner in the south right-of-way line of State Highway 87; THEI~CE South 49"46'16'' East, along and with ~he south right-of- way line of State Highway 87; for a distance of ~0.0l feet to a point for corner in the south right-of-way line of State Highway THENCE North 3S°17'24'' East, along and with the south right-of- way line of State Highway 87; for a distance of 1850.06 feet to point for corner in the south right-of-way line of State Highway 87; THENCE South 51"42'36'' East, along and with the south right-of- way line of State Highway 87; for a distance of 13.99 feet to a point for corner in the south right-of-waY line of State Highway THENCE North 38a17'24" East, along and with the south right-of- way llne of state Highway 87; for a distance of 172.65 feet to point for corner in the south right-of-waY line of State 87 and the west right'of-waY lime of State Highway Spur 214; THENCE North 60~27'30" East, for a distance of 109.17 fast to a point for corner; T~F. NC~. South 45"42'36" East, along and with the west right-0f-w~Y li~a of State Highway Spur 214~ for a ~istance of 2456. 13 f~t tO a point for corner; THENCE South 02"02'36~ East, along and with the westerly right- of-way line of an 80 foot Texaco Pipeline Right-of-Way; for. ~a distance 2965.02 feet to a point for corner in the north fla..t- of-way lihe of West. ~eventh street; TRACT 3 page 2 of 3 . , " est, along and with ~he north right-of' THENCE South 41 17 24 _.W _~___.. ~v l~ne of West Seve~=~ ~u~ ~-~ -_---- ~--e of We~ SeVenDn ~-~o~t for cor~er in the north rlgn=-O= S~ree~ ~ TH~CE So~h 48~42'36" Eas=~ along and wi~ =he north right-of- way line of West Seventh street~ for a a point for corner; THENC, North 41'17' ~4" Ea,t, along ~.w~h~ ~:r:~ right-0f- way line of West Seventh Street and i Tract for a distance of 3787.05 fee~ to the Point of Beginning and containing 554.093 Acres, mor~ or less. Notes: i) Bearings Based on P~rt ~thur Land co. su~ivision recorded in VOl~e 1, Page 24 of the Map Records, jefferson county, Texas. 2) Drawing included on seperate sheet. Mark W. Whiteley, R.P.L.S, No. 3636 TRACT 3 page 3 of 3 December 14, 1994 T~I/~CT 4 CheVron U.S.A.~ ~no. - Port Arthur Refinery Jefferson county, Texas Being a 40.511 acre tract or parco.1 of land described in certain deed from Port Arthur Cal~a~ and Dock Cnmpany to Gu.~f dated Ju~e 28, 1922~ recorded in V01ume 213, Refining Company _ ~.~.~=on countV, Texas, and also a = Ar~ Land Company to Gulf uitclaim Deed ~o~ Pot ed in Vol~e 442, Page being more particularly de~oribed a~ ~olloWS. COerCING a= a Gulf mon~en= found for ~e sou~wes~ ~o~er_°fda 0.034 acre ~ac= as described in Vol~e ~19~ Page 7~ of Records, jafEarson County~ TeXas; THENCE North 4L~1~'00" East, for a d~stance of 110.93 ~eet to a point for Che POI~ OF BEGI~ING of the herein described n in a northerly direction along a cu~e ~ENCE co~tinui_g ...... ~a rest. a cen~al Angle 12~02~10-~ a chord Wnl~ m~=~ len~h off 150.10 feet =o a point for THROE Nor~ 41'40'~6" Wes=, along and with Kansas Ci=y Southern T~CE Sou~ 41~17'24" Wegt, a distance of 20.15 feet =o a point ~or corner; T~CE North 41'17'14" East, along 2he north right-0~-waY =ha abandoned West Seven=h S~2et and ~e south !ina o~ di~ance of 1743.0~ ~eet to a poin= for THENCE $o%tth 48.42'36" East, a distance of 988.35 feet =o a p0im~ for corner; THENCE South 41'13'45" West, a distance of 1828.62 fee= d=o ~h~ POINT OF BEGINNING and containing 40.502 acres of land, more or less. Notes: 1) Bearings Base~ on port. Arthur Land Co. subdivision as recorded in Volume 1, Page 24 of the Map Reco=ds, Jefferson County, Texas. 2} Drawing included on separate sheet. Mark W. Whiteley, R.P.L.S. No. Page 2 of 2 TRACT 4 12/Z6/94 09:05 '~X~V= e~Z 1346 December 14, 1994 TRACT S chevron U.S.A., Inc. - Por~ Arthur Refinery Jefferson County, Texas a 103.224 acre tract or parcel of lan. d out of and part of Being e of land described by Deed dated 1- that certain tract o.r par?_l. .... ~ n~,d laeoords, jeffers0, - 2 recorded in Vo£ume lzu ~=~ ~, ---~-~'----~ ~ i~. favor 11 I NeW orleans ~&~ ~' County, exerted ~Y ~he. Tex~_~ .~ ~ acres des0rib~d by Deed of Gulf Refining co~, _a%so_.=~_~-oa,e 74- Deed aec°rds, Jefferson county, executed by Por~ At,Ur Canal and Dock C0. in favor of Gulf Oil Co., also that 37.06 acres described by Deed - -22 recorde~ l~ Vol~e 222 page 483, Deed RecordS, date~ 6 1 .... ~ ,t4~ in favor 0f GUlf Jefferson County, execp=ed Dy.u. "i ...... a ~act 2 in Deed ' Co. also that certaLn pa=ce1 kno~ s Refining , ......... ~ ~-~ 7 Deed Keoords, ~ dated 6-28-22 recorae~ }n_v?~e ~-[~'--~'nock Co. in favor o= Gulf Refining Co., also =nau z.~v ~ - deal in Vol~e 145 Page 120, Deed Re=orals, Jeffe=sO~ 7-13 14 recor ..... ~ .~ ~n favor of Gulf Refini~ 1-16-22 recorded ~n volume &a~ =~ -_.~.~__ ~ {~ favor 0f G~ Port ~ur RIce ~l~n~ ~. -- Co~ty, executed %y ~a= Refining Co., ~lso that certain 0.43 acre ~uitclaim Deed dated ~- 28-22 recorded in Vol~e 222 Page 328, De~d RecOrdS, jeffe=s0n Co~ty, executed by The Trustees of the Port Arthur Land Co. !~ favor of Gulf Refining Co., also that certain TraCt ~own a~ Tract 3 as described in Vol~me 95 Page 499, Deed Reoo=ds~ Jefferson County~ also that certain 45.80 acre as described by Deed dated 2-7-02 recorded in Volume ~7 pa~e 166, Deed Records, Jefferson County, executed by J. M. Guffey petroleum CO. in favor of Gulf Refining Co., also out of and part of that 70-O0 acre tract or parcel as described by 0ead dated 1-11-02 r~corded im Volume 56 Page 160, D~ed Records, Jefferson COWry, also out of at c~tain 19.~0 acre tract as described by D~ed and part of th ...... ~ .... =~ D~e 344, Deed Records, dated 12-14 01 recor~e~. In ~.. ~es for the Por~ Arthu~ Jefferson County, executed b~ the Truste so that Lan~ ~o. in falor of J. m. Guffey pet~ole~ Co., e~ certain 1.11 a~re trao~ de~¢ribed as S~COND T~CT in that certain Deed dated 2-26-07 recorded in V01~e 95 page 499, Deed Records, Jefferson County, executed by H. A. Phillips in favor of Gulf Refining Co.,~said 103.244 acres being more part~cula~.f described as follows: BEGINNING at a Gulf Oil monument found for the southwest 0omar of said 0.024 acrs tract; THENCE North 41'13'00" East, a distance of 30.39 feet to a ~cint for corner in the Southerly Right-of-Way line of the Kamsas City Southern Railroad; THENCE, a curve to the Right, along said Southerly Right-of-Way line, from whose the chord bears North 48'28~13'' West, a distance of 138.90 feet, along the curVe concave tc the northeast, having a radius of 794.50 feet and a central angle of 10'01'01"; T~/gCE North 41,40'36" West, a distance of ¢TS4.e7 fee= to a point for the intersection of said Southerly Right-of-WaY and the Easterly Right-cf-Way line of Stats Highway 87; '. . THENCE South 10'2S'06" East, along said Highway Right-of-WaY line, a distance of 277.39 feet to a point for corner in the Nor~.herly Bank of 'the ~rn~ng Basin; THENCE South 72'55~22" East, along the North side of said Turnir~g Basin, a distance of 42.98 feet, to a point on the ex!s~=ing Hesdwall for corner; THENCE South ~B'29'15~ East~ a distance of 95.85 feet, to a 9oin= on the existing Headwall for corner; on the existing ~eadwa11 for corner; THENCE South 77'14'26" East, a distance of 25.61 feet, to a poir~= on the existing Headwall for corner; THENCE South 42~21'~2" East, e distance of ~1~.57 feet, to a point on the existin~ ~eadwall for corner; THENCE South 59~44'46" West, a distance of 50.68 feet, to spoilt on the existing Headwall for corner; THENCE South 29~6'07" East, a ~istance of 84~.~$ fe~=, =o a point on the existing Headwall for corner; THENCE ~outh 25'47'44" Ess=, a distance of 1208.0] fee=, to a point on the existing Beadwsll for corner; THENCE South 48'53'15" East, a dis=ante of 850.91 feet, t0 ~ point on the existing Headwall for corner; THENCE North 39"58f05" East, a distance cf 49.69 fa~t, to a point on the existing Headwall for corner; TRACT 5 page 2 of 4 THENCE South 48a32'56" East, a dis=ante of 234.76 feet rod found for corner~ THENCE South 02~16'1$" Wes=, a ~istan=e of 30.72 feet =o an rod foun~ for ~CE S°u~ 42~06'26" West, a ~istanoe of 273.86 fee= to a~ iron ro~ found ~or corner~ TH~CE Sou~h 48~40'11" West, a distance of 850.45 fee= rod found for oorner~ ~CE Sou~ 37~13'59" West, a distance of 58.96 fee~ =o rod foun~ for oorner~ .. T~CE South 09~12'18" East, a distance of 809.79 feet =o an iron ro~ found for corner; THENCE south 10'2~'44" East, a dlsta~ce of 246.66 feet =o a~ iron rod fo~ for corner~ THENCE Sou~ 11~47'42" East, a distanoe of 2?3.53 fee= rod foum~ for corner~ THENCE North 54~48'49~ East, a distance of 88.17 fe~= ~o r~ fo~d for corner~ THENCE North 69~06'30" East~ a dis=ance of 199.73 ~ee= =o an iron rod found =or corner~ TH~CE NotCh 80~4~'47~t East~ a distanc~ of 166.13 feet to a~ iro~ ro~ fo~d for corner; THENCE North 80~39'45t~ ~ast, a distance of 633.29 fee= rod found for corner~ THENCE North 65~43'07" Eas=, a distance of 197.89 fee= r~ found for corner; TH~CE North 61~12'28~ East, a distance of 201.96 feat ~o aa iron ro~ found for corner; ~CE North 52~05'05'' Eas=, a distance of 198~63 fee% to an iron rod found for corner; T~CE North 34"20'04~ East, a distance of 201.s9 f~t rod found for corner; THENCE North 20~41~.D5'' East~ ~ distanc~ of 201:24 fee% rod found for corner; T~CT 5 Page 3 of 4 T~ENCE North 14,08'03" East, a distance of 63.1§ ~eet ~O an i:0m rod found for corner; THF~CE North 16e51'40" WeSt, a distance of' 230.63 feet =o an iron ro~ found for corner; THENCE North 25'48~00" West, a distance of 300.34 feet to an iron rod found for oorner; TH~%ICE North 41~13'00" East~ a dis~anoe of 214.~3 fee= ~o the POINT OF BEGINNING. Contaiming 103.224 Aore~, more or less. No=es.' 1) Bearings Based on Port Ar~/%ur Land Co. subdivision as recorded in Volume 1, Page 24 of the Map RecordS, Jefferson County, Texas. 2) Drawing included on seca=ate sheet. Mark W. Whl~eley, R.~.L.S. No. 3636 TRACT 5 Pag~ 4 of 4 Deaelber 14, X994 F.O. JIIC~/dll ~of~eraon Co~, Bei~ a 37X.7~9 a~8 ~a~ ~ ~cel off X~d ou~ o~ a~ ~r~ 0f ~a~eroon Co~y, exeou~ ~ H.A. Phillips ~n ra~r of Gulf des~ ~n Oe~ dat~ ~-~4-80 r~ In Vol~e 2276 PaVe ~avor of Ou~ 0~ Co,~ aX~o ~C ~0 27.~0 demcr~d b~ ~ dasd 6-38-t3 r~ ~ Volta ~39 Page 44, dated ~0-30-15 recorded ~ Vo~m ~S3 Page Xi, ~ Rlco~dl, ~eff~son ~t~, exe~t~ ~ ~e ~i co, dated 3-29-~5 recorded ~ Vol~e 149 Page 09, ~eff~son ~, u~t~ by ~e ~ees of ~C~ a2 a ~2~ 0~ io~nt fo~d Eot ~e 8ou~hvem~ corner of a 0.034 i~l ~a~ aM dea~d ~n Vol~e 2LO PaVe 76; ~C2 Nor~ 01*15'31a Wea~, a ~sta~e of 8630.63 feet to a ~int for ~er at the ~or~vesterly corner of ~e int~mecti0n of the ~outh~n Pacific ~llr~d ~d Sp~r 214 for BEGI~ING; 214; ~CE ~u~h 62'26~24~ Nos~, along ~e c~t~line of ~you, a dil~nce of 1&16.S7 feet to a ~= for corner; con.ye ~o ~e ~r~, havL~ · radl~ of 50.00 ~eet ~ a ~n~ral X" a dilt~e o~ 88.00 Zee~ to a ~t ~or ~'; ~or c~n~; ~C~ for corn~; ~CK Sou~ 80,3o'5~" ~or co.er; ~or ~C~ Sou~ for corner; ~CR South 59'5('40u Mos2. a dilt~ce of ~S6.S~ ~eet to m ~int for ~C2 Sou~ 48'48'0G' ~egt, i distance of 70,05 foeC to m ~int ~0r corner; ffo~ co~ne~; fo~ ~ So~h 0~046;02" West, a dil~ce of 68,28 ~ee~ ~o & ~inC for ~ Sou~ 53922'42 for ~er; ~CZ Sou~ 59'00'03 Bout~ 61'S8'$0' Walt, a d~ o~ S41.~6 feet to ~o~; Sou~ 68'46'16" Wist, n dLn~cs of 295.50 feat ~o a poln~ · ou~ 32eQ1'5~' ~t, I d~oe o~ 255.~3 ~ee~ ~ d~G~e o~ ~33.33 fN~ ~o i ~C for corner to ~gi~tng of i cu~e t~ent to iaLd 1Lne; mourningly ~ mou~erl~ a d~mt~ o~ ~381.00 ~mo~ t0 radium o~ 1~45.36 ~eet and m ~n~al ~e of 40'40'26'; XI3X.4? f~t to a ~Lnt ~of ~ ~ i ~t o~ c~p l~ne the Sou~ern PacLf~c Retired; feot to u point ~or ~o~ 37'14'24" Bu~, along ~d vt~ .a~d Sou~ern Pac~glc Con~a~n~n~ 37~.719 ~e~ ~Or8 Or Baaed on ~or** JL=~.h~ T3nd Co. Su~vZm~on as Jefferso~ CO~ty, Texas. June 18, 2004 Field Note Description Being an 1161.0954 acre Tract or Parcel of land out of and a part of that certain called t555.t85' acre tract of land out of the T. & N.C.R.R. Co. Survey, Section No. 122, Abstract No. 486, the T. & N.C.R.R. Co. Survey, Section No. 121, Abstract No. 250, and the Franklin Baker Survey No. 2, being also called the Jetta Wescott Survey, Abstract No. 725, Jefferson County, Texas, and being more particularly described as TRACT 7 in a SPECIAL WARRANTY DEED dated February 29, 1995, from Chevron U.S.A., Inc., a Pennsylvania corporation, to Clark Refmiag Marketing, Inc., a Delaware corporation, recorded in Clerk's File No. 95-9505598, Official Public Records, Jefferson County,, Texas and also being out of and part of that certain 533.61 acre or tract of land out of the T. & N.C.R.R. Co. Survey, Section No. 122, Abstract 1'/o. 486, Jefferson County, Texas, and being more particularly described in that certain Deed dated 5-10-24 recorded in Volume 240 Page 620, executed by W.P.H. MeFaddin In favor of (}ulf Refining Co., out of and part of that certain 470.00 aero or tract of land out of the T. 80 Co. Survey, Section No. 121, Abstract No. 250, Jefferson County, Texas~-and being more particularly described in that certain Deed dated 10-21-16 recorded in Volume 152 Page 97, executed by E. A. Laughlin and N.M. Barrier in favor of Gulf Refining Co., Save and Except that 0.127 acres as described as "Parcel No. 1 and Parcel No. 2", in that certain Right-of~Way deed dated 5-18-33 recorded in Voltane 365 Page 626, Deed Records Jefferson Count),, Texas, also being part of that certain 142.839 acre tract out of and part of the Franklin Baker Survey No. 2, being also called the John Wescott Survey, Abstract No. 725, and being described in that deed dated 2-25-48 recorded in Volume 689 Page 557, Deed Records Jefferson County, executed by the McFaddin Trust in favor of Gulf Refraing Co., also that certain 20.00 acre tract out of the John Wes¢ott Survey, Abstract No. 725, as described in deed dated 7-6*77 recorded in Volume 2022 Page 220 Deed Records Jefferson County, executed by Dan Benson, et al, in favor of Gulf Refining Co., also that 120.00 acre "Second Tract" oat of the Franklin Baker survey No. 2 described in deed dated 11-6-17 as recorded in Volume 169 Page 88 Deed Records Jefferson, executed by John J. Wescott and wife, May B. Wescott In favor o£GulfRefining Co, also that certain 88.00 acre "First Tracf' out of the Franklin Baker No, 2 as described in deed dated l 1-6-i 7 as recorded in Volume 169 Page 88 Deed Records Jefferson count, executed by Jclm Wescott and May B, Wescott in favor of Gulf Refining Co., also that certain 39.8074 acre tract a.$ described in deed dated 12-1-82 recorded in County Clerks Film Code No. 100-01-1 572 Real Property Records Jefferson county, executed by W. P. Clements, Jr. Governor of the Sta~e of Texas and Bob An-nstrong, Commissioner of the General Land Office in fa'~or of Gulf OiI Co., also that certain t0.0630 acre described as "Tract 2" in that certain deed dated 1 i- 14-80 recorded in Volume 2276 Page 267 Deed Records Jefferson county, executed by T~xa~o 1nc in favor of Gul~Oil Co., also that certain 24.00 acres out of the B. C. Arthur Survey, Abstract No. 61, Jefferson County, being more fully described as "Second" in &at cemain deed dated 1 t-19-40 recorded in Volume 487 Page 72, Deed Records Jefferson Count,, executed by Texas and Ne,,,' Orleans Railroad Co. in favor of Gulf Oil Co.. also i6.54 acres oat of the % & Survey No. 12 I, Abstract No 250, as described in deed dated 4-4-51 recorded in Volume 806 Page 102, Deed Records Jefferson County, executed by Spence & Howe Construct[on Co ~4vor of Gulf oil Co,: Page 1 of 7 COMMENCING at a Gulf monument found for the southwest comer of a 0.034 acre tract as described in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas; TItENCE SOUTH 08° 09' 50" WEST for a distance of 6952.43 feet to a point for corner at the intersection of the Intracoastal Waterway Northerly Right-of-Way line as recorded in Volame 330, Page 136, Deed Records, Jefferson County, and the Southwesterly Right-of-Way line of State Highxvay 87 for the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 72°57'13" WEST, along and with the said Intracoastal Waterway Northerly Right-of-Way line and the most Southerly line of the said TRACT 7 and the tract herein described, for a distance of 403.26 feet to a 5/8 inch iron rod with cap stamped "WORTECH" for the Southeast comer of that certain called 394.130 acre tract or parcel of land as described in a CORRECTION SPECIAL WARR,~'4TY DEED dated October 16, 2003, from THE PREMCOR REFINING GROUP, INC., a Delaware Corporation, to JEFFERSON COUNTY WATERWAY AND NAVIGATION DISTRICT, recorded in Clerk's File No. 2004007419, Official Pu. blic~ Records of Jefferson County, Texas, and also being the most Southerly comer of the tract herein described; THENCE in a Northerly direction along the common line between the said 394.130 acre tract and the ~act herein described the following courses and distances; NORTH 17°39'43" WEST for a distance of 177.07 feet to a 5/8 inch iron rod with cap stamped "WORTECH'" NORTH 18°32'58" EAST for a distance of 5.01 feet to a 5/8 inch iron rod with cap stamped "WORTECH"- NORTH 20o05'35" V~qEST for a distance of 254.20 feet to a 5/8 inch iron rod with cap stamped "WORTECH"' NORTH 34050'59'. %x,q~ST for a distance of 130. t2 feet to a 5/8 inch iron rod with cap stamped "WORTECH'. NORTH 50o56'10'' WEST for a distance of 74.27 feet to a 5/8 inch iron rod with cap stamped "WORTECH'" NORTH 47o03'54" WEST for a dlsmnce of 232.14 feet to a 5/8 inch iron rod with cap stamped "WORTECH'" NORTH 36°05'34" WEST for a distance of 214.38 feet to a 5/8 inch iron rod w/th cap ~tamped "WORTECH"; NORTH 30°33'50" WEST for a distance of 166.22 feet to a 5/8 inch iron rod ,,~'ith stamped "WORTECH'; NORTH 43°35'49" WEST for a distance of 54.37 feet to a 5/8 inch iron rod wid-. stamped '~WORTECH"; NORTH 70°48'48.' WEST for a distance of 32.86 £~et to a 5~8 inci~ iron rod. with stamped "WORTECH"; NORTH 82°50'30" ~VEST for a distance of 405.09 feet to a 5/8 inch iron rod w:,th cap stamped "WORTECH"; SOUTH 55°03'52, WEST for a distance of 160.25 feet to e 5,$ inch ir~n :~,d '~,,qth stamped '%VORTECH'~; NORTH 53°48'09'' WEST for a distance of 58.59 feet to a 5/8 inch iron rod with cap stamped "WORTECH'" NORTH 01 °45'02" WEST for a distance of 229.95 feet to a 5/8 inch iron rod with cap stamped "WORTECH'" NORTH 19°04'04'' EAST for a distance of 192.07 feet to a 5/8 inch iron rod with cap stamped "WORTECH'" NORTH 00°40'17" EAST for a distance of 244.39 feet to a 5/8 inch iron rod w/th cap stamped "WORTECH'" NORTH 05°15'49" EAST for a distance of 554.53 feet to a 5/8 inch iron rod with cap stamped "WORTECH'" NORTH 11 °25'41" WEST for a distance of 206.61 feet to a 5/8 inch iron rod with cap stamped "WORTECH". NORTH 10°53'54" ll, q~ST for a d/stance of 259.58 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 47"45'37" WEST for a distance of 72.05 feet to a 5/8 inch iron rod with cap ~ stamped "WORTECH"; NORTH 38o33'06'' WEST for a distance of 220.02 feet to a 5/8 inch iron rod with cap stanaped "WORTECH"; NORTH 57°09'52" WEST for a distance of 35.78 feet to a 5/8 inch iron rod with cap stamped "WORTECH?'; NORTH 87° 13'32" WEST for a distance of 87.99 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; THENCE SOUTH 74°24'03" ¥¢EST, along the common line between the said 394.1 30 acre tract and the said tract herein described, for a distance of 388.44 feet to a 5/8 inch iron rod; THENCE SOUTH 04o46'06" EAST, along the common line between the said 394.1 30 acre tract and the said tract herein described, for a distance orS0.14 feet to a 5/8 inch iron rod; THENCE in a Southwesterly direction along the common line between the said 394. i30 acre teact and the said tract herein described the following courses and distances; SOUTH 03° 11'59" WEST for a distance of 30.03 feet to a 5/8 inch iron rod; SOUTH 30°03'18" WEST for a distance of 39.95 feet to a 5/8 inch iron rod; SOUTH 46°45'41" WEST for a distance of 39.89 feet to a 5/8 inch iron rod; SOUTH 58°37'27" WEST tbr a distance of 80.01 feet to a 5/8 inch iron rod; SOUTH 63°09'03'' WEST $:br a distance of 89.86 feet to a 5/8 inch iron rod: SOUTH 71 °20'22" WEST for a distance of 109.19 feet to a 5./8 inch iron rod; SOUTH 76°54'14'' WEST fbr a distance of 70.88 feet to a 5/8 inch iron rod; SOUTH 86°43'I8'' WEST for a distance of 50.37 feet to a 5/8 inch iron rod; THENCE in a Northwesterly direction along the common line between the said 394-, 130 acre tract and the said tract herein described the follo'~¢.ng courses and distances; NORTH 87o22'50'. WEST for a distance of 70.19 feet to a 5/8 irish iron rod: NORTI-t 02°13'50" '(X,:E~T for a distance of 89.07 feet to a 5/8 inch iron rod: NORTH 51% t'11" WEST for a distance of 17.68 feet to a 5:8 in,:h iror~ r,:,ci; Page 3 si 7 NORTH 08°06'45'' 'WEST for a distance of 216.03 feet to a 5/8 inch ir0n rod; NORTH 56°26'I I" WEST for a distance of 55.94 feet to a 5/8 inch iron rod; NORTH 54o06'47'' WEST for a distance of 27.19 feet to a 5/8 inch iron rod; NORTH 07o56'27" WEST for a distance of 24.73 feet to a 5/8 inch iron rod; NORTH 1 l°50'36" WEST for a distance of 85.24 feet to a 5/8 inch iron rod; NORTH 10°04'28" WEST for a distance of 182.57 feet to a 5/8 inch iron rod; NORTH 08°01'10" WEST for a distance of 313.86 feet to a 5/8 inch iron rod; NORTH 35°21'41" WEST for a distance of 61.65 feet to a 5/8 inch iron rod; NORTH 49o44'36'' WEST for a distance of 90.83 feet to a 5/8 inch iron rod; NORTH 17°07'21" WEST for a distance of 48.40 feet to a 5/8 inch iron rod; NORTH 54°4 ! '54" WEST for a distance of 62.16 feet to a 5/8 inch iron md; THENCE in a Southwesterly direction along the common line between the said 394.130 acre tract and the said tract herein described the follow'ing courses and distances; SOUTH 76°01'58" WEST for a distance of103,86 feettoaS/8 inch iron rod; ,. SOUTH 54°54'20" WEST for a distance of 121.59 feet to a 5/8 inch iron rod; SOUTH 77°50'38" WEST for a distance of 51.01 feet to a 5/8 inch iron rod; NORTH 89042'04'. WEST for a distance of 274.48 feet to a 5/8 inch iron rod; NORTH 88°44'59" WEST for a distance of 300.25 feet to a 5/8 inch iron rod; NORTH 80°38'01" WEST for a distance of254,18 feet to a 5/8 inch iron rod; SOUTH 78°59'08" WEST for a distance of 179.32 feet to a 5/8 inch iron rod; SOUTH 78014'29.' WEST for a distance of 549.57 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 37o56'28'' WEST for a distance of 206.57 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 02°10'39" WEST ~br a distance of 99.85 feet to a 5/8 inch iron rod with cap stamped "WORYECH"; SOUTH 18°54'55" EAST for a distance of 239.18 feet to a 5/8 inch iron rod vdth cap stamped "WOR/ECH"; SOUTH 12°09'3Y' WEST for a distance of 527.03 feet to a 5/8 inch iron rod with cap stamped "WORTECH SOUTH 05°40'11" W~EST for a distance of t 96.89 feet to a 5/8 inch iron rod with stamped "WORTECH SOUTH 13033, 1~4" WEST for a distance of 1004.20 feet to a 5/8 inch iron rod with cap stamped "WORTECH" located in a Westerly line of the said T_R~ACT 7 and also being ia the Westerty line of the said Tract 2: THENCE NORTH 01°41'46" EAST, along the said Westerly line oft. he said 'L%KCT 7, the said Tract 2 and the tract herein described, for a distance of 496.50 feet to a Galfm0nument fur comer; THENCE NORTH 88° 06' 49" WEST, along and with a Southerly line of said TR_A. CT 7 and the said tract herein described, a distance of 2 t69. I 0 feet, to a point t'or corner in the Somheasteriv tine of the ~.~r Southwesterly comer of that certain Tract 3 of said 142.8139 acres: Page 4 of 7 THENCE NORTH 09° 09' 08" EAST; along and with the West line of said Tract 3, the said TRACT 7 and the said tract herein described, a distance of 3349.42 feet, to a point for comer, said comer also being in said Southeasterly line of D.D. 70utfall Canal; THENCE NORTH 10° 41' 30" EAST, along and with the West line of said TP,&CT 7 and the said tract herein described, a distance of 7819.98 feet, to a point for comer in the Northwesterly line of said Outfalt Canal; THENCE SOUTH 46° 43' 29" EAST, along and with a Northeasterly line of said TRACT 7 and the said tract herein described, a distance of 769,40 feet to a point for comer; THENCE in a Northerly direction along and with a Westerly line of said TRACT 7 and the sald tract herein described the following courses and distances; NORTH 01° 06' 04" EAST, a distance of 358.'89 feet to a point for comer; '- NORTH 44° 18' 04" EAST, a distance of 548.06 feet to a point for comer; NORTH 19° 44' 31" EAST, a distance of 252.95 feet to a point for comer for the most Southwesterly comer of said 10.0630 acre Tract 2; THENCE NORTH 18° 06' 28" WEST, along and with the Westerly line of said 10.0630 acre tract and a Westerly line of the said TRACT 7 and the said tract herein described, a distanceof 100.26 feet to a point for comer; THENCE continuing in a Northerly direction along and with a Westerly line of said TRACT 7 and the said tract herein described the following courses and distances; NORTH 07o 21' 41" WEST, a distance of 109.29 feet, to a point for comer; NORTH 13° 26' 58" WEST, a distance of 169.19 feet, to a point for comer; NORTH 06° 35' 24" WEST, a distance of 120.91 feet, to a point for comer; NORTH 04° 45' 47" WEST, a distance of t 21.92 feet, to a point for comer; NORTH 06° 20' 31" WEST, a distance of 87.61 feet, to a point for comer; NORTH 03° 48' 09" WEST, a distance of 106.37 feet, to a point for comer; NORTH 08° 13' 01" ~.qEST, a distance of 99.75 feet, to a point for comer; NORTH 26® 44' 50" EAST, a distance of 104.69 feet; to a 5/8 inch iron r6d for comer; NORTH 35= 24' 15" WEST, a distance of 110.78 feet, to a 2 inch iron pipe for comer: NORTH 38° 54' 28" EAST, a distance of t47.09 feet, to a point for comer; NORTH 510 05' 32" WEST, a distance of 568.96 feet, to a point For comer; NORTH 38° 54' 28" East, a distance of 100.00 feet, to a point for comer in the Southerl? Right-of-Way line of the Southern Pacific Railroad (based on a 100 foot Right-of-Way',, and the most Northerly comer of the said TRACT 7 and the said tract herein described; THENCE SOUTH 51° 05' 31" EAST, along and with said Southerly Right-of. Way line and the Northerly line of said TR&CT 7 and the said tract herein described, a distance of 226 1.48 tk. et. t~, the begimqing ora cur,;e oon6a-,,:p,la the South¥~est ha~ing a radius of' 1845.36 feet, and a cet~tra_: Page 5 of 7 angle of 40° 40' 25" and being subtended by a chord which bears South 30045' 19" East 1282.67 feet, to a point for comer; THENCE Southeasterly and Southerly along said curve in said Southerly Right-of-way and the Northerly line of said TRACT 7 and the said tract herein described, a distance of 13 10.00 feet to a point for comer; THENCE SOUTH l0c 25' 06" EAS'[, continuing along said Southerly Right-of-way and the Northerly line of said T1L&CT 7 and the said tract herein described, a distance of 14 96.20 feet, to a point for comer in the Westerly line cfa Road Easement from the State of Texas to Gulf0iL Co. as recorded in Volume 1436 Page 97, Deed Records, Jefferson Count3,', Texas; THENCE SOUTH 28° 03' 49" WEST, along the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 66.07 feet to a point for comer; THENCE SOUTH 15° 39' 21" WEST, along the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 37.20 feet, to a point for comer; THENCE SOUTH 29° 49' 24" WEST, along the Easterly line of the said TRACT 7 and the said ~act herein described, a distance of 100.86 feet to a point for comer in the Westerly line of State Highway 87 for the beginning cfa curve tangent to said line; TItENCE Southwesterly and Southerly, along said Westerly line of State Highway 87 and the Easterly line of the said T1L'kCT 7 and the said tract herein described, a distance of 248.10 feet to a point for comer along the curve concave to the east, having a radius of 354.34 feet, and a central angle of 40° 07' 00'; THE~NCE along the said Westerly line of State Highway 87 and the Easterly line of the said TRACT 7 and the said tract herein described, the following courses and distances; SOUTH t 0~ 17 36" EAST tangent to said c,~ve, a distance of' 147.00 feet, to an [rcm rod for comer; SOUTH 07° 27' 08" EAST, a distance of 333.63 feet, to a Texas Department Transportation Highway Monument for comer; SOUTH 12° 4? 33" EAST, a distance of 548.48 feet. to a point for comer; SOUTH 10° 25' 06" EAST, a distance of 4577.81 feet, to an iron rod for begir~nin$ curve tangent to said line; THENCE Southerly along the said Westerly line of State Highway 87 and the Easterly line the said TRACT 7 and the said tract herein d~scribed, a distance of 766.64 feet, to a p©int corner along the curve concave to the east, having a radius of 5779.64 feet, and a central 07° 36' 00'; THENCE SOUTH l 8° 01' 06" EAST. aloha the said u'~a- 2' i ~ o!' Sta~.e " Easterly line of the said TRACT? and the 1~ ' ,--=~* - ' . sa.~, tract hereto described, tat 3~,- ~' su~d. distance of I601.58 feet to a point for comer; Page ~ of 7 THENCE SOUTH 170 59'37" EAST, along the said Westerly line of State Highway 87 and the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 1 803.26 feet to a point for comer; THENCE SOUTH 17° 07' 06" EAST, along the said Westerly line of State Highway 87 and the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 988.17 feet to the POINT OF BEGINNING, containing 1161.0954 Acres, more or less. Notes: 1 ) Bearings Based on Por~ Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. Page 7 of ? December 14, 1994 · P.~BOX~49~ Chevron U.S.A., Inc. - Port ~ur Refinery Jefferson County, Texas Being a 1151.947 acre tract or parcel out off the T.& N. O. S~ey ~s~raot No.'s 279, 280~ 281 and 2~2 and par~ of ~ha2 certain 1158.120 acre tract as conveyed by Correction Deed dated ~-15-54 described ~n Vol~e 946 Page 461 Deed Records, Co~ty, Texas, executed by W. P. H. ~cFaddin et al, in Gulf Refining Co., COerCING at Gull mon~ent fo~d for the southwest corner of a 0.034 acre tract as described i~ Vol~e 219, Page 76, Records, Jefferson County, Texas~ THENCE North 88~02'57" West for a distance of 7651.85 feet t0 ~e POI~ OF BEGI~ING of the Tract herein descr[bed~ THROE North 10~41'30" East, along the Easterly line of ~aid Survey No. 282, a d~s=anoe of 5713.10 feet , ~o a point for corner l THROE North 01'41'54" ~as=, along the Easterly ba~ of Tayl0rs Bayou, a dis=ante of 795.29 feet to a point for corner; T~NCE along and with ~he meanders of Taylors Bayou t~e courses and distances: North 65'50'55" West, a distance of 155.1S feeC~ Nor~ 65'16'37" ~est, a distance of 214.~2 North 82~52'05" West, a dis=ante of 157.5.7 feet; South 83~24'08~t West, a distance of 224.05 feet; Sou~h 83.05'41" We~=, a dls~ance of 210.13 fee=; Sou~h 77~02'38" West, a d~s~ce of 208.07 feet; South 78'30'24" West, a d~s=ance of 272.02 feet; SOU~ 85~22'58" West, a dis=ante of 242.25 feet; Sou~ 89~26,42. West~ a d~stance of 242.77 feet; North 88~05'59" West, a distance of 170.97 North 83e33,43- West, a d~stance of 201.28 feet; Ror=h 83~24,04. Wes=, a d/stance of 214.13 feet; South 89~57'31" West, a distance o~ 189.34 fee=; North 85e44'59- West, a dSs=ance of 217.24 feet; North 88~22'46'' WeSt~.a distance of 210 22 South 76~06,18" Wast, '~ distance of'137]90 feet;' T~CT 8 Page 1 of ] South 67'39'43# West, a distance of 145.32 feet; Sou~ 74'17'17" West, · distance of 205.93 feet; SOU~ 49e47'10' West, & distance of 425.18 feet; $ou~ 39~13;21" West, a diet,ce of 268.89 feet; Sou~ 43'33'3S' Wests e die,ShOe of LS8o9S feat; Nor~ 71'02'32" West, a distance of 39.25 feet; South 75*08'56" West, a distance of 413.98 feet; North 75*30'55" West a dist~ce of 318.06 feet; Nor~ 58019'55" West a distance of 143.87 feat; No~h 49e08'38u West a d~stance of 248.38 feet; Nor~ 37,15'09" Wast s dlstanco of 236.94 feet; Nor~ 27'28;11' West a distance of 188.22 feet; Nor~ 43s56'45ff West a distance of 95.94 fast; Nor~ 72e11'58" West a d~s=ance of 118.30 feet; Nor~ 66'09'59# West a distance of 197.27 feet; So~ 84~00#38# West a distance of 121.65 feet; Sour 79~43'42" West a distance of 175.88 fiat; Sou~ 41059'51# West a distance of Z88.18 feet; Sou~ 38'34'02" West a distance of 364.43 feet; South 48'36'31" West a distance of 326.13 feet; South 57e39'38" West a distance of 602.21 feet; South 69'00'$6" West. a distance of 286.48 feet; So~ 84'04;18' Wast, a distance of 191.79 feet; North 72036'35" West, a distance of 373.97 North 83'04;55# West, a distance of 253.47 feet; North 48e15'22fl West, a'dtstance of 227.17 feat; North 4~023#38" West, a distance of 371.40 feet; North §2054'54" West, a distance of 83.38 feet; Sou~ 19~06~33' Wast, a distance of 196.68 feet; South 28'05'08' West, a d~stance of 175.59 feet; TRANCE So~th 03~5§'30' West, a distance of 5167.17 feet =o a point for corner; THENCE So~th 5600§'57" East, a distance of ~203.37 feet ~o the POINT OF BEGI~ING. Contain£ng 1151.947 Acres, more or lees. Notes: 1) Bearings Based on Per= Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map JefEerson county, Texas. 2) Drawing included on sap,rata sheet. Hark W. ~itel~y, R.P.L.S. No. ]636 T~CT 8 Pag~ 2 of 2 ASSOCiATeS · P.O. BOX~4~2 December 14, 1994 F "~0~'/~-gs-~-~ TRACT g Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson county, Texas ' a 120.517 acre ~raCt or parcel of land situated in the Being ....... :~---~ Survey- Section 122, Sellers.on Tax tract or p~roe~ or Count Texas and being out of a 533.6_l_a.c. re .... ~, Company, dated June . Deed Reoords, Jefferson County, Tex&~, and a~so the remai~der acre tract or parcel of land described in deed fr°m a 57.00 uar ~0, 19~-3, Com an dated Jan W.P.H. oFadd~n to Gulf Refining P Y, - · 1. Vol e Deed , Texas, salo -zu.=A- m*.,.,. ....... el _ P as follows: cOKMENCING at a Gulf monument found for the So=thwest oornar of 0.034 acre tract as described on Volume 219 Page 7~, D~ed Records, Jefferson County, Te~aS~ THENCE South 33'~0'2~" Wes=, a distance of 10,372.12 feet to point for the POINT OF BEGINNING; THENCE South SS"19'O5" Ese=, a dis=ante of 5~95.70 fee= monument found; THENCE North 01°2S'44" East, a distance of ~l.~e feat to a for co~ner; THENCE Nort~ 01'42'37" Eas~, a distance of 1556.S0 fe~= to point for corner; THENCE North 86~43'lSn Wast, a distance of 570.31 fee= =o a point for corner; . THENCE South 72=57'22'' West, a distance of 100.00 f~= =o a point for corners ., TRACT 9 Page 1 of 2 THENCE South 72o57'02" West, a dis=ance of 5207.42 feet to POINT OF BEGINNING and containing 120,517 Acres, more or les,. Notes= 1) Bearings Based on Port Arthur Land Co. Subdivision as recorded ~n Volume 1, Page 24 of the Map Jef£erson County, Texas. 2) Drawing included on separate sheet. Mark W. Whiteley, R.P.L.S, No. 3636 TRACT 9 Page 2 of 2 ~.0. BOX s4~2 BEAUMONT. TEXAS 409 / ~92~421 December 14, 1994 Chewxon U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas -. - Being a 0.761 acre tract or parcel of land situated in the Arthur Survey, Abstract N0.61 and also out of Block~ Two,~Th=ee, and Four (2,3,&4) in Ranges P and Q of the lands of the Port Arthur Land Company, jeerer.son county, Texas and being clescribec~ in deed from Port Arthur Land Company to ~ulf Refining Company dated November 11, 191~ recorded in Volume 140~ Page 216, Deed Records, Jefferson County, Texas, said 0.761 acrs tract being more particularly described as follows: COMMI~NCING at Gulf monument found for the eou=hwe~t oor~er of 0.034 acre tract as described in Vol%Lee 219, Page 76, of the De~d Records, JeffersOn County, Texas~ THENCE North 12~59'34~ West, a distance cf 6859.46 feet to a point for the POINT OF BEGINNINS of ~e herein described tract; THENCE NorTh 37~'14'~4" East, a distance o~ 2284.66 feet to a point for corner; THENCE Sou~h 29"38'43~ We~t, a distance of 75.66 fsa~ to a point for corner; THENCE South 37~14'23" West, a dis~ance cf 350.00 f~et to a poir~U for corner; THENCE So~th 31'24'41~ West, a distance of 201.05 feet to a for corner; THENCE South 38'17!23'~ West, a distance of 16S9.94 f~et =o th~ POINT OF BEGINNING a, nd containing 0. 761 Acres, mor~ ~r TRACT 10 page I of 2 Note: 1) Bearings based on Port Arthur Land co. Subdivision as recorded in Volume 1, Page 24 of the Map Recorcls, Jefferson County, Texas. 2) Drawing Included on saperate sheet. y, R.P.L.$. No. 363 ?,,,v .. Tl%%CT !0 Page 2 cf 2 409/f91.0411 ~eceveher 14; ].994 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson COunty, TsxaS Being a 4.123 acre tract or parcel of land situated in the Texas and New Orleans Railroad Company Survey 121, Patent #433, Volume 13, JefferSon County, Texas and described in deed ~rom TeXas amd New Orleans Railroad Company ~o Gulf oil Corporation, dated November 19, 1940, recorded in Vol~e 487, Page 72, D~ed Rec0r~, Jefferson County, Texa~, sa~d 4.123 acre tract being more particularly described as follows: CO~CING at Gulf monumen~ found for ~e souChwes= corner 0f ~ 0.034 aor~ tract as described in Vol~ 219, Pa~o7~, of ~he De~ Records, Jefferson County, Texas~ point for the POI~ OF BEGI~ING of the herein describe~ tr=ct; TH~CE Nor~ 71~40'5~" West, a dist~ce of 72.59 feet =o a )oi~t for corner; THENCE North 85~42'30~ West, a distance of 94.3~ feat to a 9clot for corner ~ THENCE Sou~h 11~09'05'' East, a distance of 1558.28 feet tu ~ point for corner; for corner; for corner ~ for corner; T~CT 11 Page 1 of 2 THENCE North 10'25'07" West, a distance of 903.68 feat ~o the poINT OF BEGINNING and containing 4.123 Acres, more or less. Notes; 1) Bearings Based on Port Arthur Land Co. Subdivieio~ as recorded in Volu~s 1~ Page 24 of the Map Records, jefferson County, Texas. 2) Drawing included on separate sheet. Mark W. Whiteley, R.P.L.S. No. 3636 F ~ \~p6C~'~DATA\TI~ACT'~ ~ .H&8 TRACT 11 Page 2 of 2 ATTACHMENT ATTACHMENT Commencement Date: 4th Quarter, 2004 Proposed Completion Date: March, 2006 Premcor represents that it intends to accelerate its compliance with The Federal Clean Air Act, Tier II regulations by revamping its GFU 243 Diesel Hydrotreater Unit for the production of diesel containing 10 ppmw maximum and its GFU 241 Kerosene Hydrotreater Unit for the production of kerosene containing 10 ppmw maximum. Total construction cost is estimated at Twenty Seven Million Dollars ($27,000,000.00). ATTACHMENT "C" Attached hereto are descriptions, drawings or maps. ATTACHMENT ~D" The existing refinery owned by The Premcor Refining Group Inc. produces or processes gasoline and related products. ATTACHMENT ~E" As of the appraisal of October 25, 2004, by the Jefferson County Appraisal District, herein are the existing values of the land, equipment and units for the area or improvements described in Attachment "C". ATTACHMENT ~F" Jefferson County has granted a tax abatement on this project as attached hereto. STATE OF TEXAS § COUNTY OF JEFFERSON § PREMCOR REFINING GROUP INC. TIER II DIESEL PROJECT TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN THE PREMCOR REINVESTMENT ZONE This Tax Abatement Agreement (herein referred to as the "AGREEMENT") is made and entered into by and between Jefferson County (hereinafter referred to as the "COUNTY"), and The Premcor Refining Group Inc., Port Arthur Refinery (hereinafter referred to as the "OWNER"), a Corporation authorized to do business in Texas and the owner of taxable real property in Jefferson County Texas, located in the Premcor Reinvestment Zone (hereinafter referred to as the "REINVESTMENT ZONE"), and is limited to the project known as the Port Arthur Tier II Diesel Project, as further described in Article VII, herein below (hereinafter referred to as the "PROJECT"). The REINVESTMENT ZONE is an area within Jefferson County, Texas generally described as the Premcor Reinvestment Zone. The legal description of the REINVESTMENT ZONE is attached hereto as Exhibit A. I. AUTHORIZATION This AGREEMENT is authorized by the Texas Property Redevelopment and Tax Abatement Act, Tex. Tax Code Chapter 312, as amended, by Resolution of the Jefferson County Commissioners Court (hereinafter referred to as the "COURT"), providing for the designation of the subject REINVESTMENT ZONE, and by Resolution of the COURT adopting its "JEFFERSON COUNTY UNIFORM TAX ABATEMENT POLICY - 2003". II. DEFINITIONS For purposes Of ~h~ AGREEMENT, the following terms shall have the meanings set forth below: 1. "Certified Appraised Value" means the appraised value of the property within the RE1NVESTMENT ZONE as certified by the Jefferson County Appraisal District as of the January 1st valuation date. 2. "Abatement" means the full or partial exemption from ad valorem taxes of the value of certain property in the REINVESTMENT ZONE designated for economic development purposes. 3. "Ineligible Property" is fully taxable and ineligible for tax abatement and includes land, supplies, inventory, deferred maintenance, property to be rented or leased and property which has a productive life of less than ten years, or any other property for which abatemefit is not allowed by state law. 4. "Eligible Property" means the buildings, structures, fixed machinery and equipment, process units including all integral components necessary for operations, site improvements infrastructure, and that office space and related fixed improvements necessary to the operations and administration of the PROJECT. During the construction phase of the Eligible Property, the OWNER may make such change orders to the Eligible Property as are reasonably necessary to accomplish its intended use. 5. "Taxable Value" means the Certified Appraised Value, as determined by the Jefferson County Appraisal District, of all industrial realty improvements, excluding the exempt value of pollution control devices as determined by the Texas Commission on Environmental Quality, owned by OWNER and located within the COUNTY, minus the abated value of all other projects of the OWNER. 6. For purposes of this Agreement only, "Base Year Value" means the "Taxable Valae" of all industrial realty improvements of the OWNER and/or its Affiliates, and which are located within the COUNTY as of January 1, 2004, including the abated value of all other projects, of the OWNER granted by the COUNTY and in existence for the "Base Year". 7. "Direct Hire of Local Labor" shall mean the hiring of labor through a local hiring office which is not operated by a "Local Subcontractor". 8. "Local Subcontractor" shall mean any contractor whose principal Corporate Offices are located in an eight county region comprising Jefferson, Orange, Harding, Jasper, Newton, Liberty, Tyler, and Chambers Counties. 9. "Affiliate" of any specified person or company means any other person or company which, (i) directly or indirectly, through one or more intermediaries, controls, or is controlled by, or (ii) is under direct or indirect common control with such specified person or company. For the purposes of this definition, "control" when used with respect to any person or company means the power to direct the management and policies of such person or company, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing. III. VALUE AND TERM OF ABATEMENT This AGREEMENT shall be effective for the Abatement of valuation beginning with the tax appraisals to be made as of January 1, 2005. The OWNER shall have the option of performing the construction of the PROJECT by Direct Hire of Local Labor, Local Subcontractor, or any other method he may select. No abatement will be granted for the portion of the value of Eligible Property w, hich is not attributable to the use of Direct Hire of Local Labor o~ Local Subcontractors. A Preliminary Abatement Percentage (PAP) shall be granted based on the following schedules. Schedule A shall apply to the portion of value attributable to the use of Direct Hire of Local Labor (LL), and Schedule B shall apply to the portion of value attributable to the use of Local Subcontractors (ES). SCHEDULE A For the portion of the value of Eligible Properties provided by Direct Hire of Local Labor: YEAR OF ABATEMENT PRELIMINARY ABATEMENT PERCENTAGE (PAP) 1 st YEAR 2005 100% 2nd YEAR 2006 100% 3r'~ YEAR 2007 35% 4th YEAR 2008 40% 5th YEAR 2009 60% ' ' SCHEDULE B For the portion of the value of Eligible Properties which is provided by Local Subcontractors: YEAR OF ABATEMENT PRELIMINARY ABATEMENT PERCENTAGE (PAP) Ist YEAR 2005 100% 2nd YEAR 2006 100% 3raYEAR 2007 35% 4ti~ YEAR 2008 55% 5th YEAR 2009 75% %Vhen construction is completed the COURT shall receive the total value of Eligible Property from the Jefferson County Appraisal District and appoint a Tax Abatement Review Committee consisting of appropriate persons from the COUNTY and the OWNER to determine: (a) the total value of Eligible Property attributable to the Direct Hire of Local Labor: (b) the total value of Eligible Property attributable to Local Subcontractors; . (c) the total val.ue of Eligible Property for which no abatement will be granted (Ineligible Property). 4 When the values have been determined as provided by the preceding Paragraphs the Local Labor Pementage (LLP) shall be determined by dividing the total value of the Eligible Property attributable to the Direct Hire of Local Labor by the total value of the Eligible Property. Likewise, the Local Subcontractor Percentage (LSP) shall be determined by dividing the total value of the Eligible Property attributable to the use of Local Subcontractors by the total value of the Eligible Property. Utilizing the information provided by OWNER pursuant to Article X below, the Final Abatement Percentage (FAP) for each year of Abatement as set forth in Schedules A & B shall be determined by multiplying the LLP times the PAP on Schedule A for a given year and multiplying the LSP times the PAP on Schedule B for the same year and taking the sum0f the two products. The Final Abatement Percentage (FAP) shall be the percentage of the value of the Eligible Property which will be abated subject to the other terms of this AGREEMENT, and specifically subject to the provisions relating to Adjustment for Base Year Value Decline (Article V) and Adjustment for Productive Lives (ArticleVI). It is the intent of OWNER and COUNTY that following the completion of the construction period the LLP, the LSP, and the FAP will be calculated and scheduled at that time for each succeeding year of abatement. Further analysis or review of such percentages is not anticipated or contemplated herein. IV. TAXABILITY During the period that this AGREEMENT is effective, taxes shall be payable as follows: a. The value of Ineligible property shall be fully taxable; b. The Taxable Value of now existing Eligible Property as determined each year shall be fully taxable, and c. The value of Eligible Properties shall be abated as set forth in Article III, herein. V. ADJUSTMENTS TO ABATEMENT FOR BASE YEAR VALUE DECLINE The Jefferson County Appraisal District has established the industrial realty improvement values as of January 1, 2~J64 as set forth on Exhibit B, attached and incorporated by reference herein for all purposes, and such values shall be the values used to calculate the Base Year Value as herein defined. If on January 1st of any subsequent tax year the Taxable Value of ali realty improvements within the jurisdiction of the COUNTY, and which are owned by the OWNER and/or its Affiliates is less than the Base Year Value and/or in the event that the OWNER reduces its ad valorem taxes on personal property otherwise payable to the COUNTY by participating in a foreign trade zone, then the abatement of value otherwise available shall be reduced by one dollar for each dollar that the Taxable Value of realty improvements is less than the Base Year Value and, also, for each dollar of tax reduction attributable to special treatment from trade zone participation. It is the express intent of the COUNTY and OWNER that OWNER's Base Year Value calculation under this Agreement shall not be adversely affected by the terms of the modified abatement agreement previously executed by tho COUNTY and OWNER on or about April 30, 2004. VI. ADJUSTMENT FOR PRODUCTIVE LIVES If at any time it is determined that one-half (1/2) the estimated productive life of the realty improvements is less than the term of years of abatement under this AGREEMENT, the term of abatement shall be reduced to one-half (1/2) the productive life of the improvements and the OWNER shall pay to the COUNTY the full amount of taxes otherwise abated in each year in which the term of abatement exceeded one-half (1/2) of the actual productive life of the PROJECT. If after the PROJECT becomes operational, any improvement otherwise eligible for abatement should prove to have a productive life less than one-half (1/2) the term of abatement because of obsolescence, wear, deterioration, damage or other reasons, and the improvement is immediately replaced with the same or better quality improvement, then in that event the improvement shall not be subject to the penalty of this Article. Any recapture hereunder shall be payable within sixty (60) days of written notice. OWNER shall certify by statement to the COUNTY and the Jefferson County Appraisal District the estimated productive life of improvements upon completion of the construction and each year thereafter. VII. CONTEMPLATED IMPROVEMENTS The OWNER represents that it intends to accelerate its compliance with The Federal Clean Air Act, Tier II regulations by revamping its GFU 243 Diesel Hydrotreater Unit for the production of diesel containingl0 ppmw maximum and its GFU 241 Kerosene Hydrotreater Unit for the production of kerosene containing 10 ppmw maximum. Compliance is mandatory by 2010, but OWNER intends to invest in compliance ahead of the mandatory date. Total construction cost is estimated at Twenty Seven Million Dollars ($27,000,000.00). OWNER represents that it does not intend to request from the TCEQ exemption of ad valorem taxes for pollution control equipment. OWNER acknowledges and understands that in the event the TNRCC exemption of this project exceeds $2,000,000(plus 10%) the COUNTY may assert that a material misrepresentation has occurred and the COUNTY may declare a total default under the Abatement Contract, resulting in recapture of previously abated taxes and forfeiture of future abatement. OWNER agrees and warrants that all improvements shall be completed in accordance with all applicable law. OWNER agrees and warrants that he shall not make any use of the property that is inconsistent with the general purposes of encouraging development or redevelopment of the 1LEINVESTMENT ZONE during the period that the property tax exemptions are in effect. Failure to accurately disclose exempted property may result in a total default under the Abatement Contract, resulting in recapture of previously abated taxes and forfeiture of future abatement. VIII. EVENT OF DEFAULT During the abatement period covered by this AGREEMENT, the COUNTY may declare a default hereunder by the OV~2qER if the OWNER fails to commence construction of the PROJECT described in Article VII above within two (2) years from the effective date of this AGREEMENT, fails to 'construct the PROJECT described in Article VII above, refuses or neglects to comply with any of the terms of this AGREEMENT, or if any representation made by the OWNER in the AGREEMENT is false or misleading in any material respect. 7 Should the COUNTY determine the OWNER to be in default in this AGREEMENT, the COUNTY shall notify the OWNER in xvriting prior to the end of the abatement period, and if such default is not cured within sixty (60) days from the date of such notice ("Cure Period"), then this AGREEMENT may be terminated; provided, however, that in the case of a default that for causes beyond OWNER'S reasonable control cannot with due diligence be cured within such sixty-day period, the Cure Period shall be deemed extended if OWNER immediately, upon the receipt of such notice, (i) advised the COUNTY of O~VNER'S intention to institute all steps necessary to cure such default and (ii) institutes and thereafter pursues to completion with reasonable dispatch all steps necessary to cure same. In the event the OWNER allows its ad valorem taxes owed the COUNTY to~beco~ne delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, or if the OWNER violates any of the terms and conditions of this AGREEMENT and fails to cure during the Cure Period, this AGREEMENT may then be terminated by majority vote of the COURT and all taxes previously abated by virtue of this AGREEMENT shall be recaptured and become due and payable within sixty (60) days of the termination. In the event the PROJECT contemplated herein is completed and begins producing product or service, but subsequently discontinues producing product or service for any reason excepting fire, explosion or other casualty, accident or natural disaster, for a period of one year during the abatement period then this AGREEMENT may be terminated by majority vote of tlqe COURT. In the event of termination pursuant to the provisions of this Paragraph, the abatement of the taxes for the calendar year during which the PROJECI no longer produces shall terminate and the taxes due shall be paid to the COUNTY prior to the delinquency date for such year. Ln such event all taxes previously abated shall be recaptured and paid within sixty (60) days of the termination. IX. ADMINISTRATION This AGREEMENT shall be administered on behalf of the COU~XlTY by the COURT and/or other persons appointed by the COURT. The Ox3,rNER shall allow authohzed employees and/or representatives of t}'~' COUNTY who have been designated and approved by the COLrRT to have access to this PROJECT during the term of this AGREEMENT to inspect the PROJECT 8 to determine compliance with the terms and conditions of the AGREEMENT. All inspections will be made at a mutually agreeable time after the giving of forty-eight (48) hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the PROJECT. All inspections will be made with one or more representatives of the OWNER and in accordance with OWNER'S safety standards. Upon completion of the contemplated PROJECT, the Tax Abatement Review Committee and/or other persons appointed by the COURT shall annually evaluate the PROJECT to ensure compliance with the terms and provisions of this AGREEMENT and shall report possible defaults to the COURT. The Chief Appraiser of the Jefferson County Appraisal District shall annually det~errnine the taxable value of the real and personal property subject to this AGREEMENT. The Chief Appraiser shall record both the net taxable value after abatement and the full taxable value in the appraisal records. The full taxable value amount listed in the appraisal records shall be used to compute the amount of abated taxes that are required to be recaptured and paid in the event this AGREEMENT is terminated in a manner that results in recapture. Each year the OWNER shall famish the Chief Appraiser with such information outlined in Chapter 22, V.A.T.S. Tax Code, as may be necessary for the administration of the abatement specified herein, and shall allow authorized employees and agents of the Jefferson County Appraisal District access to the OWNER'S property to inspect the property for purposes of making their determination of value. If the COUNTY terminates this AGREEMENT pursuant to any provision of this AGREEMENT, it shall provide OW~'NER thirty (30) days written notice of such termination. If OWNER believes that such termination is improper, OWNER may file suit in a court of competent jurisdiction in Jefferson County, Texas, appealing such termination ;vithin ninety (90) days after receipt from the COUNTY of written notice of the termination. If an appeal suit is filed, OV~NER shall remit to the COUNTY, within sixty (60) days after receipt of the notice of termination, any additional and/or recaptured taxes as may be payable during the pendency of the litigation pursuant to the payment provisions of Section 42.08 V.A.T.S. Tax Code. If the final determination of the appeal increases OWNER'S tax liability above the amount of tax paid, OWNER shall remit the additional tax to the COUNTY pursuant to Section 42.42, V.A.T.S. Tax Code. If the final determiflation of the appeal de~reases OWNERS tax liability, the COU2qTY shall refund to OWNER the difference between the amount of tax paid and the amount of tax for which OWNER is liable pursuant to Section 42.43, V.A.T.S. Tax Code. X. INFORMATION PROVIDED BY OWNER OWNER agrees to annually furnish information necessary for the COUNTY to evaluate OWNER'S compliance with the terms and conditions of this AGREEMENT. OWNER further agrees that on or before March 1st of each tax year of this AGREEMENT, excluding March 1, 2004, OWNER shall provide the COURT a statement of compliance with this AGREEMENT. The OWNER shall certify the commencement and completion date of the contemplated improvements described in Article VII herein. Additionally, OWNER shall furnish or make available for inspection the following information or written statements to the COUNTY at least every six months during the construction period of the PROJECT: (1) Statement by OWNER describing the status of construction of the contemplated improvements, pementage of construction completed, construction schedule and OWNER'S estimate of taxable value of constructed improvements on the date of the statement, and (2) Any information, documents or records of any kind reasonably necessary for the COUNTY'S evaluation of OWNER'S compliance with the terms and conditions of this agreement and the COUNTY'S guidelines, provided that OWNER shall not be required to furnish any information, documents, or records which a reasonable prudent OWNER under the same or similar circumstances would consider to be harmful to its business operations. OWNER'S statements described above shall be verified by OWNER'S project manager or other appropriate representative. XI. INDEMNIFICATION OWNER agrees to indemnify and hold harmless COUNTY, its Commissioners Cottrt, officers and employees from and against all obligations, claims, demands and causes of action of every kind and character (including the amounts of judgements, penalties, interest, court costs, and legal fees incurred in ~l~fense of the same) arising in favor of other governmental entities and agencies or third parties (including employees of OWNER) as a result of or arising out of the 10 covenants to be performed by OWNER under this AGREEMENT, or any rights and provisions granted in this AGREEMENT. XII. ASSIGNMENT OWNER may assign this AGREEMENT to a new owner or lessee of the same PROJECT, or a portion thereof, or to an Affiliate of OWNER upon the written approval by resolution of the COURT of such assignment and, approval shall not be unreasonably withheld. It shall not be unreasonable for the COURT to withhold approval if OWNER or the proposed assignee is liable to the COUNTY for outstanding taxes or other obligations. ' ' XIII. MODIFICATION OR TERMINATION At any time before the expiration of this AGREEMENT, the parties may, upon mutual consent, modify or terminate the original AGREEMENT. Such modification or termination shall be done in accordance with the Property Redevelopment and Tax Abatement Act, V.A.T.S., Chapter 312, Section 312.208 of Subchapter B. XIV. AUTHORITY OF AGENT By acceptance of this AGREEMENT and/or any benefits conferred hereunder, OWNER represents and warrants that its undersigned agent has complete and unrestricted authority to enter into this AGREEMENT and to obligate and bind OWNER to all of the terms, covenants and conditions contained herein. XV. NOTICE Any notice required to be given under the provisions of this AGREEMENT shall be in writing and shall be duly served when it shall have been deposited, enclosed in a wrapper with the proper postage prepaici t~ereon, and duly registered or certified, return receipt requested, in a United States Post Office, addressed to the COUNTY or Ox,~,%'ER at the following addresses. If 11 mailed, any notice or communication shall be deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in the AGREEMENT, all notices shall be delivered to the following addresses: To the OWNER: The Premcor Refining Group Inc. The Premcor Refining Group Inc. Don J. Kuenzli, Refinery Manager Jeff Dill, Legal Department 1801 S. Gulfway Drive 1700 East Putnam Avenue Port Arthur, Texas 77642 Old Greenwich, Connecticut 06870 TEL. (409)985-1000 TEL (203) 698-7566 The Premcor Refining Group Inc. John Tullie, Tax Department 1700 East Putnam Avenue Old Greemvich, Connecticut 06870 TEL (203) 698-5689 To the COUNTY: Jefferson County Judge 1149 Pearl Street Beaumont, Texas 77701 TEL (409) 835-8466 XVI. MERGER The Parties a~ee that this AGREEMENT contains all of the terms and conditions of the understanding of the Parties relating to the subject matter hereof. All prior negotiations, discussions, correspondence and preliminary understanding between the Parties and others relating hereto are superseded by this AGREEMENT,XVII. Should any part. or term of this Agreement be deemed invalid or ineffective, the COUNTY and OWNER'hereby agree to work in good faith to establish alternate means to uphold the spirit of this Agreement and the intent of the Parties hereto. 12 Executed this the ~Z ~ day of ~.~!~,';,dJi~ ~ 2004. FOR THE COUNTY: FOR THE OWNER: Judge Carl R. Griffith, Jr. Jefferson County Judge Refinery Manager The Premcor Refining Group Inc. 13 EXHIBIT A Special Session, November 15, 2004 BE IT REMEMBERED that on November 15, 2004, there was begun and holden a Special Session of the Commissioners Court of Jefferson County, Texas, with the following members and officers present and participating except those absent as indicated: ABSENT: Honorable Carl R. Griffith, Jr., County Judge - Commissioner Jimmie P. Cokinos, Commissioner Pct. No. 1 Commissioner Mark L. Domingue, Commissioner Pct. No. 2 Commissioner Waymon D. Hallmark, Commissioner Pct. No. 3 Commissioner Everette D. Alfred, Commissioner Pct. No. 4 Honorable G. Mitch Woods, Sheriff Honorable Carolyn L. Guidry, County Clerlc- -the following proceedings were had and orders made, to-wit: STATE OF TEXAS § IN THE COMMISSIONERS COURT / COUNTY OF JEFFERSON § OF JEFFERSON COUNTY, TEXAS AN ORDER OF THE COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS DESIGNATING A REINVESTMENT ZONE PURSUANT TO SEC. 312. 201 OF THE TAX CODE (THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT) BE IT REMEMBERED at a meeting of Commissioners Court of Je[ferson County, Texas, held on the 15th day of November ., 2004, on motion made by JI_Ill, IIE P. COKINOS , Commissioner of Precinct No. I ~ and seconded by EVERETTE D. ALIrRED ., Commissioner of Precinct No. 4 , the following Order was adopted: WHEREAS, the Commissioners Court of Jefferson Cotmty, Texas desires to create the proper economic and social environment to induce the investment ofprivat~ resources in productive business enterprises located in the county and to provide employment to residents of the area; and, WHEREAS, it is in the best interest of the county to designate the Premcor Refining Group Inc. facility near Port Arthur a reinvestment zone, pursuant to Sec. 312.20 I, Tax Code (The Property Redevelopment and Tax Abatement Act). IT IS THEREFORE OI~3DEP~D BY THE COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS: Section 1. That the Commissioners Court hereby'designates the Premcor Refining Group I2m., i801 S. Gulfway, Port Arthur (mailing purposes only), Jefferson County, Texas 77640, further described in the legal description attached hereto as Exhibit "A", and made a part hereof for all purposes, as a Reinvestment Zone (the "Zone"). Section 2. That the Commissioners Court finds that the Zone area meets the qualifications of the Act. Sectioa 3. That the Commissioners Court has heretofore adopted Gnidettnes and Criteria for Granting Tax Abufements in Reinvestment Zones in Jefferson County, Texas. Section 4. That the Commissioners Court held a public i-leafing to conaP, der this Order on November 15, 2004. ~[Ij~. ralll__~ Section 5. The Commissioners Com't finds that such improvements are feasible and will benefit the Zone after the expiration of the a~eement. Section 6. The Commissioners Court finds that creation of' the Zone is likely to contribute to the retention or expansion of primary employment or attract major investment to the Zone that would be a benefit to the property and that wo'uld contribute to thc economic development of the community. Section 7. That this Order shall take effect from and after its passage as the law in such cases provides. SIGNED thislSth day of November ., 2004. JUDGE CE~ge~, JR. *¢OMIVlIgSIONEI(IvlARI~L D. OMINGUEk, COMMI~S'~©~ER EV~.RETT~D. ALFRED Precinct No. 2 Precinct No. 4 Special Session, November 15, 2004 There being no further business to come before the Court at this time, same is now here adjourned on this date, November 15, 2004. ATTEST: Carolyn L. Guidry Carl R: Griffith, Jr. County Clerk County' Judge I CERTIFY THIS IS A 'T~E CORY' Witness my ~and and Seal of Office December 14, 1994 TRACT 1 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 34.475 acre tract or parcel of land situated in t]%e B.C. Arthur Survey, ~o.227 and in Range 1, Block Number 2 and BloCk Number Two (2), Jefferson county, Texas and being out of a 49.57 acre tract or parcel of Xand described in deed from Joe ste~s, Will Stewts, Mrs. Oriell~ Dupont, and her husband John Dupont, and David E. O'Fiel to Gulf Refining Company, dated July ~ lg14, recorded in VolUme 658, Page 119., Deed Records, Jefferson County, Texas, said 34.475 acre tract being more particularly described as follows: COMH~/~CING at Gulf monument found for the southwest corner of a 0.034 acre tract as described in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas; THENCE North 41°13'45u East for a distance of 1939.55 feet ~o found Gulf ~onument in the west line of a sixty (60) foot county roadway ~ THENCE North 48°42'36" West for a distance of 928.35 feet to a found Gulf monumen~ in the south line of West Seventh ThIENCE North 41'2&'00" East for a distance of 2301.~0 feet to iron rod set for the POINT OF BEGINNING of the herein described tract; THENCE South 48~34'25'' East, a distance of 998.~1 feet to a point for corner; THENCE North 41~16'34'' East, a distance of 1469.56 f~st to point for. corner; THENCE Worth 48~44'04" West, a distanUe of 945.01 feet to a point for corner; THENCE North 41~1~'41, East, a dis=ante of 668.38 fe~% to for corner in the westerly right-of=waY line of State Highway 'r~,c~ ~ Page 1 of 2 THENCE North 51e30v58'' WesC~ a disCanoe of 53.36 feet =o a p0tnC for oorner in =he westerly right-of-way line of State Highway Sp~ 2141 TH~CE Sou~ 41s17'24" West, along and with the southerly right- of-way line of oounty roadway a distance of 2132.54 feet to the POI~ OF BEGI~ING and oontaining 34.475 a=res o~ land, ~ore 0r less, Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision as rscorded in volume 1, Page 24 of the Map RecordS, Jefferson County, Texas. .. . 2) Drawing included on separate sheet. " · Har~ ~. ~iCe T~ACT 2 Chevron U.S.A-, Inc. - Port Arthur Refinery Jefferson county, Texas 0 acre tract or parcel of land situated in ~he Being a_40.41 .... ~n~ ~in~ Dart of ~looks Two an~. Thr~e aha Block ~o (2) Range Q, Jefferson Y~ a 3) Range P, ....... =el of--lan~ ~e~oribe~ and ~1 g ....... ~=--~ Ba~ to Gulf in dee~ from Holiana. Tex~ n~uu"~,~8,d in Volume 151, Co~Dany, ~atmd Nov~er ~x, 1~15,=~E22 -%-4d 40.410 627- Deed Records, Jefferson county{ 'a'~ tra~t being ~ore p~tl~larly ~escrlbed as follows: CO~CING at Gulf montest found for the southwest cotter of a 0.034 acre trao~ as des~rib~ in Vol~e 219, page 76, of the De~d Records, jefferson Cowry, TexaS; TH~CE North 41~13'45" East for a distance of 1939.55 feet to fo~d Gulf monumen= in the wast line of a sixty (60) foot roadway; TH~ North 48"42'36" West for a distance of 928.35 feet to a fo~d Gulf monument in the south line of West Seven~ Street; ~ENCE North 41'24'00" East for a distance of 2301.30 feet to point for corner ; said point also being ~e northwest corner of the 34.475 acre tract described as Tract 1; TH~CE North 04~37'19'' East for a distance of 231.49 f~et t0 iron rod se= for the POINT OF BEGINNING of the herein described tract; . ~ ' _ T-------. foot roadway, for a distanza o= feat to a point for corner in ~ne wesu=~z ~*~ State ~lghway Spur 214; THENCE South 48"42'36'' East, along and with the westerly right-- of-way line of State ~ighway spur '214; for a distance of 1822~ feet to a poin~ for corner in the westerly right-of-waY line of State Highway Spur' ~14; T~CT 2 Page 1 of 2 THENCE S.outh 4_1 I ........ ~,~ ~ s~ance of 1931.70 feet to o -wa line o= oo~n=y ro~w~ .... ~1 o la~d, a0re ~e P~INT OF BEGI~ING a,U co~tal~t-g 40.410 aores _f or less. Sub~ivis ion as No=es= 1) Bearings Base~ on por~ Arthur Land Co. recorde~ in Volume 1, Page 24 of the Map Records, jefferson County; Texas. 2) ,Drawing included on separate shee~. TRACT 2 Page 2 of 2 December 14, 1994 TRACT 3 CAev=on U.S.A., Inc. - Port Arthur Eefinery Jefferson County, Texas Being a 554.093 acre tract or parcel of land situated in the Arthur SUrVey, No.227 a~d in Range~ P and Q~ Blocks 2, 3, ~d (2,3 a 4), jefferson county, Texas and ~ing a ~ract or parcel of l~d described in dee~ from port ~=hur ~nd' Company t0 Refining Comp~Y~ dated Novemb~r 11, 1913, recorded in Vol~e 140, Page 216, Dee~ Records, jefferson COv~ty~ TeXas, an~ also be~g a ~raot or parcel o~ land described In deed from Port ~th~ Land Company to .J.M. Guffey, dated April 3, 1901, recorded in Vol~e 49, Pag~ 6~2, De~d RtcordS, jefferson Texas, and a trac~ or parcel of la~d ~e~cribed in deed from ~ ~and Company to Gulf Refining Company, dated January 11 1902, recorded in Volume 56, page 160, Deed Records, County, Texas, said 554.093 acre tract being more described as follows: COerCING at a Gulf monumen= ~ound for =he ~outhwest corner 0.034 acre ~rac~ as described in Vol~e 219, ~age 7~ of th~ Records, Jefferson County, Texas; THENCE Nor~ 37~29'18" West fo= a distance of 1009.73 to a for corner; said poin= also being =he POINT OF ~GI~ING of herein described ~ract~ THENCE North 41~40'~6" ~e~t along and wi~ the easterly Kansas City Sou=hem railroad right-of-way; for a di~=ance 0f ~988.28 feet to a point for oorner~ THENCE No~h 10~25'06" WeS~ for a distanc~ of 95.85 f~et tc poin= for corner~ TH~CE North 0~46'5~" Wes= for a ~istance of 46.7~ feet ~o point for corner for =he beginning of a curv~ to the T~CT 3 Page I of 3 THENCE continuing along and with right-of-way line of State Highway 87, in a noz~.herly direction along said curve t:o the Right having a Radius of 768.~9- feet, a Central Angle of 50.37'47", a chord which bears South 11°54'24" West 657.23 feet, for an Arc length of 679.11 feet to a point for corner in the south right-of line of State Highway 87; THENCE North 37°14'24" East, along and with the south right-of- . a way line of State Highway 87; for a distance of 2662.95 feet to point for corner in ~he south right-of way line Of stalze Highway 87; THENCE North 38"17'24" East, along and with the south right-of- way line of State Highway 87; for a distance of 229.19 feet.kO a point for corner in the south right-of-way line of Stalze Highway 87; THENCE South 49°46'16'' East, along and with ~he south right-of- way line of State Highway 87; for a distance of 60.01 feet to a point for corner in the south right-of-way line of State Highway 87; THENCE North 38'17'24" East, along and with the south right-of- way line of State Highway 87; for a distance of 1650.06 feet to a point for corner in the south right-of-Way line of state Highway 87; THENCE South 51°42'36'' East, along and with the south right-of- way line of State Highway 87; for a distance of 13.99 feet t0 a point for corner in the south right-of-way line of Statue High~ay 87; THENCE North 38"17'24" East, along and with the south right-of- way line of State Highway 87; for a distance of 172.65 feet to a point for corner in the south right-of-waY line of State ~ighway 87 and the west right-of-way line of State Highway Spur 214; THENCE North 60~27'30" East, for a distance of 109.17 feet to a point for corner; THENCE South 4~"42'~6~ East, along and with the west =ight-cf-w~Y line of State Highway Spur 214~ for a c%istance of 2486. 13 f~t tO a point for corner; THENCE South 02"02'36" East, along and with the westerly righ=~ of-way line of an 80 foot Texaco pipeline Right-of-Way; for a distance 2965.02 feet to a point for corner in the norlzh right-- of-way lihe of WeSt Seventh Street; TP~CT 3 Page 2 of 3 * '24" Weet, along end with the north right-Of' THENCE South 41 17 ....... *. for a ~lstance o~ 218.O0 ~e~t t~.o way li~e of Wes~ Sey~_a~.~ ~-of-wav line of We~ Seventh a point for oor~er in =ne n~....~h . Street ~ TH~CE South 48~42'36" Eas=, along and wi~ ~he north rig~t-0~- way line of West Seventh street~ for a distance of ~.00 feet =o a point for corner; TH~C~ North 41,1~'24" East, along an~ with the nor~ right-of- way line of West Seventh Street and ~he nor~ line o~.T=aC= 4~ fee~ to the point of Beginnlng and for m d~stance of 3787.05 containing 554.093 Acres~ more or less. Notes: 1) Bearings Based on Port ~h~ Land Co. Su~ivision as recorded in vol~e 1, Page 24 of the Map Records, jefferson County~ Texas. ' 2) Drawing included on seperate shee~. TRACT 3 Page 3 of 3 CheVron U.S.A., In=. - Port Arthur Refinery =effereon COUnty, Texas · tract or parcel Of land described in Bain a 40.511 a~ o~ Company to Gu-~ Refining company ease= j~e ~=, ~ - d R~oords, Jefferson County~ Texas~ and also a Page 269, Dee ...... ~..- ~---d Company to Gulf 0i% _ Quitclaim Deed =rom wor~ ar~[ recorded In Vol~a 442, COerCING a= a Gulf mon~en~ ~oun~ ~or the sou~wes= corner of.a THENCE North 41013'00" ~st, for a d~stan~e o~ 110.93 ~eet point ~or ~e POI~ OF ~EGI~ING of the herein described ~CE continuing.% .... xn ~-* a Central Angl~ cz RI h= having a RaULU~ o= /~i .... '~' = 6'09" West, for a~ g rth 47 5 12~02'10", a chord w~ioh bear~ NO len~h o~ 150.10 feet to a point for corner~ T~CE Nor~ 41.40'36" West, along an= with Kansa~ ci=y Southern right-of-waY ~or a die,ante of 816.85 fee~ =o a poin~ flor T~CE Sou~ 41=17'24' West, a dis=ante o~ 20.15 feet ~o a for corner ~ THENCE North 41~0~36" Wes=, a distance of 30.00 fea~ to a ~0int for corner; tn ~a north line of =he abandOne~ West Stree~; TH~CE North 41=17'24" East, along the notch right-of-waY line the abandoned West Seven=h s~eet and ~e eouth 1ina of Tract dis~ance of 1743.05 feet to a pein= for corner ~ ~ 4 page 1 of 2 THENCE So%/th 48*42'36" East, a distance of 988.35 feet ~:o a for corner; ~:0 the THENCE South 41'13'45# West, a.distance o~ 1828.62 fee= POINT OF BEGINNING and containing 40.502 aoree of land, more less · Notes: 1) ~arings Ba~ on port. Arthur Lana co, Su~ivisio~ recorde~ in Volume 1, page 24 of ~he Map jefferson Co~=Y, Texas. 2) Drawing included on seperate ~ark W. Whiteley, R.P.L.S. No. 3636 TRACT 4 Page 2 of 2 ~.2/16/9¢ 09:0~ ~'409 892 1346 Mw .f~.].fs~,=,~ ,--' P.O. BOX ~9~ Dece~er 14, 1994 ~09/892.0422 TRACT S Jefferson CoGn~y, TeXas Being a 103. 224 acre tract or parcel of lane out of and part of that certain tract or parcel of land described by Deed dated 1- Volume 126 page 194, Deed Records, 11-12 recorde.d i_n ........ ,T~.= fl~ sans Railroad Co. ~n. favor Cou~ ~X~=__ ~ =1.~ that 16,17 acres desortbea by - - corded in Vol~e 651 Page 74, Deed Rec°rds, dated 12 3 4~ re ~ At,ur Canal an~ D~ co. in Jefferson COUnty, executed b~=~r~, aa Acres describe= Dy Deed favor of Gulf 0il ~o:,.a&~o.%n~u~-~,~ 483, Deed Records, arson county, exmc~=ed by.G. . .... ~ ~ ~- Deed Jeff ........ ~*~n ~aroel ~no~ a~ -~-~=~ -- l~e 219 Page 7G~ Deed Keooras, datea 6-28-22 recorde~ ~n V0 ...... - --~ ~ck co. in favor , o tha~ 2.50 acres described in ~eed dated Gulf Refining Co. als ...... ~ ~--ords- jefferson 7-13-14 recorde~ in Vol~e 145 Page ~u, ~ c~=y, execute~ by_J~e .7.40 acre tract described by Dee~ ~ate~ Co. ~ al~o the= certain 1-16-22 recorded in Volume 213 page 269, Deed Records, Cowry, execute~ ~Y Port ~thur RiCe Milling Co. in favor 0f Refining Co., =lso that certain 0.43 acre Qui~olaim Deed da=aa 28-22 re=ordeal in Vol~e 222 Page 328, Deed Records, Co~y, exocute~ by The Trustees of =~e Port Arthur Lamd Co. i~ favor o~ Gulf Refining Co., also that certain Trao~ ~own as ~act 3 as described in volume 95 Page 499, Deed Dee~ da=e~ 2-7-02 recorded in volume 57 Page 166, Deed Reo0rd~. Jefferson co~ty, executed by J. ~- Guffey petroleum co. in favor of Gulf Refining Co., also our of aha ~a=~ of =hat 70.00 tract or ~arcel as described by Deed date~ 1-11-02 recorded Vol~e 56 Page 160, Deed Records, jeffers0~ Co~Y, also out of an~ part of that o~=ain 19.~0 acre ~ract as described by Deed da=aa 12-14-01 re=ordeal i~ Volume 55 Page 344, Deed Records, Jefferson County, executed by the True=ess for ~he 9o== ArthUr Lan~ Co. ~n favor of ~. M. Guffey petrole~ Co.; al~o ~hat~ certain Dee~ ~a=ed 2-26-07 re=or,ed in VolUme 95 page 499, Records, JeffersOn County, executed by H. A. PhillipS. in favor Gulf Refining Co., '.said 103.244 acras being more describe~ as follows: BEGINNING at a Gulf Oil monument found for the southwest corner of said 0.034 acre tract; THENCE North 41"13'00# East, a distance of 30.39 feet to a point for corner in the Southerly Right-of-WaY line of the ~(~nsas City Southern Railroad; THENCE, a curve to ~ha Right, along said Southerly Righ4=-of-Way line, from whose the chord bears North 48.28'13" Wast, a dis~anc of 138.90 feet, along the curve concave ko the northeast, having a radius of 794.50 feat and a central angle of 10~01~OlWf; THENCE North 41°40'36" West, a distance of 4754.97 fee= to a point for the intersection of said Southerly Right-of-WaY and Easterly Right-of-Way line of State Highway 87 $ -. THENCE South 10~25'05" East, along said Highway Right-of-Way line, a distance of 277.39 feet to a point for corner in Noz~cherly Bank of the Turning Basin; THENCE South 72~55'22" East, along the North Side of ~aid Turnim~ Basin, a distance of 42.98 feet, to a point on th~ Headwall for corner~ THENCE South 65~29'15" East, a distance of 95.85 feet, to a on the ex,sting Headwall for corner; THENCE South 59~07'5~" East, a distance of 44.54 feet, to · on the existing Headwa11 for corner; THENCE South 77°14'26# East, a distance of 25.61 feet, =o a on the existing Headwall for corner~ THENCE South 42~21'$2" East, a distance of ~18.57 f~e-t, to a point on the exist£n~ Haadwall for corner; THENCE South 59~44'45" West, e distance of ~0.68 ~eet, to on the existing Headwall for corner; THENCE Sout:h 29~36'07~ East, a distance of 949.~3 fe~=, to a point on the existing Headwall for corner; THENCE ~outh 23'47'44" East, a distance of 1~08.02 feet~ to a point on the existing Besdwall for corner; THENCE South 45~53'1§# East, a distance cf 850.91 feet, ~o a point on the existing Hsadwall for corner; THENCE North 39"58~06~ East, a distance of 49.69 fe~t, to a poimt on the existing Headwall for corner; TRACT 5 page 2 of 4 THENCE south 48a32~56" East, a distance of 234.76 feet ~o an iro~ rod found for corner~ THENCE South 02a16'15" West, a distance of 30.72 feet ILo an iron rod found for corner; THENCE South 42e06'25~ West, a distance of 273.86 feet to an irol~ rod found for corner; THENCE South 48~40'11# wsst, a distance of 850.45 fee= to an iron rod found for corner; THENCE Sou~h 37~13'59# West, a distance of ~8.96 feet t~o an iron rod found for corner; . THENCE South 09~12'18" East, a distance of ~09.79 fast to'an rod found for corner; THENCE South 10~27'44" East, a distance of 246.66 f~et rod found for corner; THENCE Scutch 11~47'42" East, a distance of 273.5~ fee~ to an iron rod found for corner; THENCE North 54~48'49" East, a d~stance of 88.17 ~ee= rod found for corner; THENCE North 69~06~30" East~ a dis=enos of 199.73 f~a= ~o an iro~ rod found =or corner; THENCE Norl~h 80~47'47" Ees~, a distance o~ 1~6.1~ feat to an iron. ro~ found for corner; THENCE North 80~9'45~ Ess=, a distance of 633.2~ fee= ~o rod found for corner~ THENCE North 65e43'07" Ess=, a .distance of 197.89 fee= rod found for corner; THENCE North 61~12'25" East, a distance of 201.96 fse= rod found for corner; THENCE North 52~05'05" East, a distance cf 198.6~ rod found for corner~ THENCE North ~20'04" East, a distancs of 201.~9 rod found for corner; rod found for corneT'~ T~CT 5 Page 3 o~ 4 ;~F. JTCE Nort;}~ 14*05~03" Seat, a d~s~nce o~ 63.Z5 ~ee~ ~o ~od found ~o~ co~ne~ TH~CE Nor~ 16~51'40" Wes~ a distance of' 230.63 fee~ ~o an ~ro~ r~ fo~ for corner~ ~CE Nor~ 25~48~00" West, a distance of 300.34 feet to an rod fo~d for co~er~ TH~CE No~ 41~1~''00" East, a distance of 214.93 fee= POINT OF BEGI~ING. Containing 103.224 Acres, mo=e or less. subdivision Notes: 1) ~earin s Based on port ~ur ~n~ Co. ecord~ in Vol~e 1, p~ge 24 of the Map Jefferson County, Texas 2) Drawing included on separate sheet. Mark w. ~iteley, R.P.L.S. No. ~6~ TRACT 5 Pag~ 4 of 4 D~cmaber 1¢, 1994 · ~ef~er~on Co~y, ~ed da~ 2-26-07 reco~ tn Vol~e 05 ~age 400f ~ bc~ds, Deed Record, ~ef~ergon ~ty, oxe~ ~ ~e ~ty of ~e~r~oofl da~ed ~O-30-~S recorded ~n VoL~ ~S3 Page ~, ~ Rof~n~g Co., also 'p~t or ~at ~.17 a~e tra~ descr~d y daked 3-29-~5 recorded ~ Vol~ L49 PaSO ~9, ~ ~nd ~. ~n favor o~ ~1~ ~f~g Co., aa~d 37~.719 more ~larl~ dos~A~d ms ~C~ a~ a ~ul~ 0~1 ~on~nt fo~d rot ~e sou~mt of a 0.034 a~e ~a~ ~ de~l~d tn Vol~e 2Lg Pa~e 76; ~CE Nort~ 01'15'31s WeS~, m ~s~e Of 8630.63 feet to a o[ ~ho South~n Pac~tc ~lr~d ~d Sp~r 214 for BEGZ~X~C; 214; ~you, a d~s~mce of 1616.87 feet to a ~t for for corer in ~a ~g of a cu~e ~ng~ to dLs~e oZ X~0.69 feet to n ~nt ~ ao~er n~ong 24.05 ~oet ~o a ~in~ ~o~ ~ In R~d e~ac~ ~CZ Xo~ 45'50'47° Welt, alo~ ~e Xo~ L~e 0t ~id ~CE No~ 87'42'24n wen~, a disuse o~ 60.09 to~ c~n~; ~CE ~u~ e5.~7,~2- weo~, a dSs*anco o~ 80.9X ~CK So~ 80e30;5~" ~eoCr a ~s~an~a o~ 100.96 ~or co.er; ~C~ 8ou~ 6G'14'~lu Wes~, a distance of 91.21 rfec tot corner; ~CE Sou~h 59'56'40" Welt, a d~stuce of lS6.G~ ~eet ~o~ co~n~; ~ Sou~ 48~4~06j Wos~ a d~s~anco o~ 70.05 foF co~ne~; ~CK SOU~ 32'4~'13~ Mes~, a d~s~c~ of 107.22 feet TH~ Sov~ 70005/37" WeSt, · d~s~ce Of 159.21 fee~ for corner; ~CE South SO~AO'53" We~t, a dist~ of 3S.21 felt ~o for co.er; for ~rn~; ~ SOU~ 53'22'42f ~g~, a dli~ Of 27,~5 feet ~o for uo~er; ~CE Sou~ 59'00'03~ West, a allstate of 109,1~ feet '94 Il:lB TH]~CB gouth G1"58'30· It'la~, · dLl~.nce o~' 541."J'6 :~eet t:o ~or co,nar; THEI~CB South GSo4G'16' Walt, a d~atance of 29S.50 feet Pacific ~lroid (Msod on a LO0' ~t-of-uny); ~gi~ of a cu~e t~e~t to aa~d a ~lnt ~or ~rnar alo~ ~ ~e c~ve having a radius o~ x945.36 ree~ and a ~n~al ~gle o~ or X23~.47 f~ to a ~ ~or ~ ~ a ~ of c~p ~e concave ~o ~e Gou~ ~v~g a ~o Lntereo~Lon off aa~d No~erly line and of-ea~ l~na ~e Sou~ern Pacific XaLlr~d; of 305.42 foot ~o a point ~or ~cE No~ 37.14,24u ~2, along ~d ~ilroad, a d~s~ance o~ 5029.71 fee~ to Containing 371.719 A~FOS~ more or H~tlG: 1) Bearings Based on ~o~ Jtr~u~ Land Co. subdivim, ion as record~ in Vol~ 1, Pag~ 24 off ~e Map Rec0ra~, ~effeFoon Co~ty, ~xao. June 18, 2004 Field Note Description Being an 1161.0954 acre Tract or Parcel of land out of and a part of that certain called 1555.182 acre tract of land out of the T. & N.C.R.R. Co. Survey, Section No. 122, Abstract No. 486, the T. & N.C.R.R. Co. Survey, Section No. 121, Abstract No. 250, and the Franklin Baker Survey No. 2, being also called the John Weseott Survey, Abstract No. 725, Jefferson County, Texas, and being more particularly described as TRACT 7 in a SPECIAL WARRANTY DEED dated February 29, 1995, from Chevron U.S.A., Inc., a Pennsylvania corporation, to Clark Refining & Marketing, Inc, a Delaware corporation, recorded in Clerk's File No. 95-9505598, Official Public Records, Jefferson County', Texas and also being out of and part of that certain 533.61 acre or tract of land out of the T. & N.C.R.R. Co. Survey, Section No. 122, Abstract No. 486, Jefferson County, Texas, and being more particularly described in that certain Deed dated 5-10-24 recorded in Volume 240 Page 620, executed by W.P.H. McFaddin In favor of Gulf Refining Co., out of and part of that certain 470.00 acre or tract of land out of the T. & N.O, R.R. Co. Survey, Section No. 121, Abstract No. 250, Jefferson County, Texas; and being more particularly described in that certain Deed dated 10-21-16 recorded in Volume 152 Page 97, executed by E. A. Laughlin and N.M. Barrier in favor of Gulf Refining Co., Save and Except that 0.127 acres as described as "Parcel No. 1 and Parcel No. 2", in that certain Right-of-Way deed dated 5-18-33 recorded in Volume 365 Page 626, Deed Records Jefferson County, Texas, also being part of that certain 142.839 acre tract out of and part of the Franklin Baker Survey No. 2, being also called the John Wescott Survey, Abstract No. 725, and being described in that deed dated 2-25-48 recorded in Volume 689 Page 557, Deed Records Jefferson County, executed by the McFaddin Trust in favor of Gulf Refining Co., also that certain 20.00 acre tract out of the John Wescott Survey, Abstract No. 725, as described in deed dated 7-6-77 recorded in Volume 2022 Page 220 Deed Records Jefferson County, executed by Dan Benson, et al, in favor of Gulf Refining Co., also that 120.00 acre "Second Tract" out of the Franklin Baker survey No. 2 described in deed dated 11-6-17 as recorded in Volume 169 Page 88 Deed Records Jefferson, execmed by John J. Wescott and wife, May B. Wescott In favor of Gulf Refining Co, also that certain 88.00 acre "First Tract" out oft,he Franklin Baker No. 2 as described in deed dated l 1-6-17 as recorded in Volume 169 Page 88 Deed Records Jefferson county, executed by Jolm J. Wescott and b/lay B. Wescott in favor of Gulf Refining Co., also that certain 39.8074 acre mcr described in deed dated ! 2-1-82 recorded in County Clerks Film Code No, 100-01 - 1 5 72 Real Property Records Jefferson county, exectaed byW. P. Clements, Jr. Governor of the State of Texas and Bob .~q-nstrong, Commissioner of the General Land Office in favor of Gulf Oil Co, also that certain 10.0630 acre described as "Tract 2" in that certain deed dated 11-14-80 recorded in Volume 2276 Page 267 Deed Records Jefferson county, executed by Texaco Inc. in favor Gulf Oil Co., also that certain 24.00 acres out of the B. C. Arthur Survey, Abstract No. 61, Jefferson Coun .ty, being more fully described as "Second" in that certain deed dated 1 1-19-40 recorded in Volta-ne 487 Page 72, Deed Records Jefferson Coun~,, executed by Texas and New Orleans Railroad Co. in favor of Gulf Oil Co., also 16.54 acres out of the T. & N.C.R.R. Co Survey No. 121, Abstract No 250, as described in deed dated 4-4-51 recorded in Volume 806 Page 102, Deed Records Jefferson County, executed by Spence & Howe Construction Co. favor of Gulf oil Co.: Page 1 of 7 COMMENCING at a Gulf monument found for the southwest comer of a 0.034 acre tract as described in Volume 219, Page 76, of the Deed Records, Jefferson County, Iexas; THENCE SOUTH 08° 09' 50" WEST for a distance of 6952.43 feet to a point for comer atthe intersection of the Intracoastal Waterway Northerly Right-of-Way line as recorded in Volmne 330, Page 136, Deed Records, Jefferson County, and the Southwesterly Right-of-Way line of State Highway 87 for the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 72°57'13" WEST, along and with the said Intracoastal Waterway Northerly Right-of-Way line and the most Southerly line of the said TRACT 7 and the tract herein described, for a distance of 403.26 feet to a 5/8 inch iron rod ~5th cap stamped "WORTECH" for the Southeast comer of that certain called 394.130 acre tract or parcel of land as described in a CORRECTION SPECIAL WARRANTY DEED dated October 16, 2003 from THE PREMCOR REFINING GROUP, INC., a Delaware Corporation, to JEFFERSON COUNTY WATERWAY AND NAVIGATION DISTRICT, recorded in Clerk'~ File No. 2004007419, Official Public Records of Jefferson County, Texas, and also being the most Southerly comer of the tract herein described; THENCE in a Northerly direction along the common line bet3veen the said 394.130 acre tract ~nd the tract herein described the following courses and distances; NORTH 17°39'43" WEST for a distance of 177.07 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 18032'58'. EAST for a distance of S.01 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 20o05'35`' WEST for a distance of 254.20 feet to a 5./8 inch iron rod with cap stamped "WORTECH"; NORTH 34°50'59" WEST for a distance of 130.12 feet to a 5,/8 inch iron rod with cap stamped "WORTECH": NORTH 50°56'10" WEST for a distance of 74.27 feet to a 5./8 inch iron rod ~,,dth cat, s.amped '9, ORTECH; NORTH 47°03'54" WEST for a distance of 232.14 feet to a 5,/8 inch iron rod with cap stamped x$ ORTECH; NORTH 36°05'34" WEST fbr a distance of 214.38 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; ORTH o0 33 50 WEST for a distance of 166.22 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 43°35'49" WEST for a distance of 54.37 ' ~ '" ' feet t,~. a >, 8 inch iron rod with cap stamped "WORTECH ' NORTH 70%$'48" WEST r%r a distance of 32.86 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 82°50'30" W~EST for a distance of 405.09 feet to a 5/8 inch iron rod wit?., cap sram pea ~tOKIE, CH ; SOUTH 55°0Y52" WEST for a distance of 160,2q_ feet to a 5:$ inch iron rod '~,tt,.' *' stamped "WORTEC H";.. pa~ 2 of 7 NORTH 53°48'09" WEST for a distance of 58.59 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 01 °45'02" WEST for a distance of 229.95 feet to a 5/8 inch ~ron rod with cap stamped "WORTECH"; NORTH 19°04'04" EAST for a distance of 192.07 feet to a 5/8 inch iron rod with cap stamped "WORTECH'; NORTH 00°40'17" EAST for a distance of 244.39 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 05015'49'' EAST for a distance of 554.53 f~et to a 5/8 inch iron rod vdth cap stamped "WORTECH"; NORTH 11 °25'41" WEST for a distance of 206.61 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 10053'54'' WEST for a distance of 259.58 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 47045'37" WEST for a distance of 72.05 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 38033'06'' WEST for a distance of 220.02 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 57°09'52'' WEST for a distance of 35.78 feet to a 5/8 inch iron rod with cap stamped "WORTECH,; NORTH 87°13'32" WEST for a distance of 87.99 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; THENCE SOUTH 74°24'03" WEST, along the common line between the said 394.130 acre tract and the said tract herein described, for a distance of 388.44 feet to a 5/8 inch iron rod; THENCE SOUTH 04°46'06" EAST, along the common line between the said 394.130 acre tract and the said tract herein described, for a distance of 80.14 feet to a 5/8 inch iron rod; THENCE in a Southwesterly direction along the common line between the said 3 94, 130 acre tract and the said tract herein described the following courses and distances; SOUTH 03°1 I'59" WEST for a distance of 30.03 feet to a 5/8 inch iron rod; SOUTH 30°03'18" WEST for a distance of 39.95 feet to a 5/8 inch iron rod; SOUTH 46°43'41'' WEST for a distance of 39.89 feet to a 5/8 inch iron rod; SOUTH 58o37'27'' WEST for a distance of 80.01 feet to a 5/8 inch iron rod; SOUTH 63°09'03'' WEST for a distance of 89.86 feet to a 5/8 inch iron rod; SOUTH 71 °20'22' WEST for a distance of 109.19 feet to a 5/8 inch iron rod: SOUTH 76°54't4'' WEST for a distance of 70.88 feet to a 5/8 inch iron rod; SOUTH 86°43q8'' WEST for a distance of 50.37 feet to a 5/8 inch iron rod; THENCE in a Northwesterly direction along the common line between the said 3 94.13 C,' acre tract and the said tract herein described the following courses and distances; ' NORTH 87°22'50'' WEST for a distance of 70.19 feet to a 5/8 inch iren red; NORTH 02°1Y50" WE,,ST for a distance oi'89,07 fbet to a 5/8 inch iron rod; NORTH 51 ° 1 !' 11" WEST for a distance of 17.68 feet to a 5/8 i nth iron rod; Page 3 of 7 NORTH 08°06'45" WEST for a distance of 216:03 feet to a 5/8 inch iron rod; NORTH 56°26'11" WEST for a distance of 55.94 feet to a 5/8 inch iron rod; NORTH 54°06'47" WEST for a distance of 27.19 feet to a 5/8 inch iron rod; NORTH 07°56'27" WEST for a distance of 24.73 feet to a 5/8 inch iron rod; NORTH 11°50'36" WEST for a distance of 85.24 feet to a 5/8 inch iron rod; NORTH 10°04'28" WEST for a distance of 182.57 feet to a 5/8 inch iron ro d; NORTH 08°01'10" WEST for a distance of 313.86 feet to a 5/8 inch iron rod; NORTH 35°21'41" WEST for a distance of 61.65 feet to a 5/8 inch iron rod; NORTH 49°44'36" WEST for a distance of 90.83 feet to a 5/8 inch iron rod; NORTH 17°07'21" WEST for a distance of 48.40 feet to a 5/8 inch iron rod; NORTH 54°41'54" WEST for a distance of 62.16 feet to a 5/8 inch iron rod; THENCE in a Southwesterly direction along the common line between the said 394.130 acre tract and the said tract herein described the following courses and distances; SOUTH 76°01'58" WEST for a distance of 103..86 feet to a 5/8 inch iron rod; '. SOUTH 54°54'20'' WEST for a distance of 121.59 feet to a 5/8 inch iron rod; SOUTH 77°50'38" WEST for a distance of 51.01 feet to a 5/8 inch iron rod; NORTH 89°42'04" WEST for a distance of 274.48 feet to a 5/8 inch iron rod; NORTH 88°44'59" WEST for a distance of 300.25 feet to a 5/8 inch iron rod; NORTH 89°38'01" WEST for a distance of 254.18 feet to a 5/8 inch iron rod; SOUTH 78059'08" WEST for a distance of 179.32 feet to a 5/8 inch iron rod; SOUTH 78°14'29" WEST for a distance of 549.57 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 37°56'28" W~EST for a distance of 206.57 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 02°I0'39'' WEST for a distance of 99.85 feet to a 5/8 inch iron rod with cap stamped "WORTECH": SOUTH l 8°54'55'' EAST for a distance of 239.18 feet to a 5/8 inch iron rod ~,'dth cap stan~ped "WORTECH"; SOUTH 12°09'33" WEST for a distmxce of 527.03 feet tu a 5/8 inch iron rod witL cap stamped "WORTECH SOUTH 05°40'11" WEST for a distance of 196.89 feet to a 5/8 inch iron rod with cap stamped "WORTECH SOUTH 13°33'14" WEST for a distance of 1004,20 feet to a 5/8 inch iron rod with cap stamped "WORTECH' located in a Westert~ line of the said TFL&CT 7 and also being in the Westerly line of the said Tract 2; THENCE NORTH 01041'46'' EAST, along the said Westerly line of the said TRACT 7, the sai~! Tract 2 and the tract herein described, for a distance of 496.50 feet to a Guif m0nurnent for corner; THENCE NORTH 88° 06' 49" WEST, along and with a Southerly line of said TP..~kCT, 7 and the said tract herein described, a distance of 2 [69. t 0 feet. to a point for corner in ~he Sontheasrer!y line of the ~,effer~on ,~ount? Drg~.nage District No. 7 ~dain Outhti Caaat,~a~-. ,~ ,'-:~cm~, a~-u' '~ *t.,~n~' ..... [,~.~. Southweslerl5 comer of that certain Tract 3 of said 142~839 acres: Page 4 of 7 THENCE NORTH 09° 09' 08" EAST, along and Mth the West line of said Tract 3, the said TRACT 7 and the said tract herein described, a distance of 3349.42 feet, to a point for comer, said comer also being in said Southeasterly line ofD.D. 70utfall Canal; THENCE NORTH 10° 41' 30" EAST, along and with the West line of said TIL~.CT 7 and the said tract herein described, a distance of 7819.98 feet, to a point for comer in the Northwesterly line of said Outfall Canal; THENCE SOUTH 46° 43' 29" EAST, along and with a Northeasterly line of said TRACT 7 and the said tract herein described, a distance of 769.40 feet to a point for comer; THENCE in a Northerly direction along and with a Westerly line of said TRACT 7 and the said tract herein described the following courses and distances; NORTH 01 o 06' 04" EAST, a distance of 358.'89 feet to a point for comer; '. NORTH 44° 18' 04" EAST, a distance of 548.06 feet to a point for comer; NORTH 19° 44' 31" EAST, a distance of 252.95 feet to a point for comer for the most Southwesterly comer of said 10.0630 acre Tract 2; THENCE NORTH 18° 06' 28" WE ST, along and with the Westerly line o f said ! O. O 630 acre tract and a Westerly line of the said TRACT 7 and the said tract herein described, a distanceof 100.26 feet to a point for comer; THENCE continuing in a Northerly direction along and with a Westerly line of said TRACT 7 and the said tract herein described the following courses and distances; NORTH 07° 21' 41" WEST, a distance of 109.29 feet, to a point for comer; NORTH 13° 26~ 58" WEST, a distance of 169.19 feet, to a point for comer; NORTH 06° 35' 24" WEST, a distance of 120.91 feet, to a point for corner; NORTH 04° 45' 47" WEST, a distance of 121.92 feet, to a point for comer; NORTH 06° 20' 31" WEST, a distance of 87.61 feet, to a point for comer; NORTH 03° 48' 09" WEST, a distance of 106.37 feet, to a point for comer; NORTH 08* 13' 01" WEST, a distance of 99.75 feet, to a point for comer; NORTH 26° 44' 50" EAST, a distance of 104.69 feet, to a 5/8 inch iron rod for comer; NORTH 35° 24' 15" WEST, a distance of 110.78 feet. to a 2 inch iron pipe for comer; NORTH 38° 54' 28" EAST, a distance of 147.09 feet, to a point for comer; NORTH 51° 05' 32" WEST, a distance of 568.96 feet, to a point for comer; NORTH 38° 54' 28" East, a distance of t 00.00 feet, to a point for comer in the Southerly Right-of-Way line of the Southern Pacific Railroad (based on a 100 foot Right-of-Way) and the most Northerly comer of the said TIL&CT 7 and the said tract herein described: THENCE SOUTH 51 ° 05' 3 t" EAST, along and with said Southerly Right-of-Way line and the Northerly line of said TRACT 7 and the said tract herein described, ~ distance of 226 1.48 feet, to> the begirming ora curve corn:aye, to the Southwest having a radius of 1845.36 tbet, and a central Page 5 of 7 angle of 40° 40' 25" and being Subtended by a chord which bears South 300 45' 19" East 1282.67 feet, to a point for comer; TItENCE Southeasterly and Southerly along said curve in said Southerly Right-of-way and the Northerly line of said TRACT 7 and the said tract herein described, a distance of 13 10.00 feet to a point for comer; THENCE SOUTH 10° 25' 06" EAST, continuing along said Southerly Right-of-way and the Northerly line of said TRACT 7 and the said tract herein described, a distance of 1496.20 feet, to a point for comer in the Westerly line ora Road Easement from the State of Texas to Gulf01L Co. as recorded in Volume 1436 Page 97, Deed Records, Jefferson County, Texas; TItZENCE SOUTH 28° 03' 49" WEST, along the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 66.07 feet to a point for comer; THENCE SOUTH 15° 39' 21" WEST, along the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 37.20 feet, to a point for comer; THENCE SOUTH 29° 49' 24" WEST, along the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 100.86 feet to a point for comer in the Westerly line of State Highway 87 for the beginning of a curve tangent to said line; THEBICE Southwesterly and Southerly, along said Westerly line of State Highway 8 7 and the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 248.10 feet to a point for comer along the curYe concave to the east, having a radius of 354.34 feet, and a central angle of 40° 07' 00"; THENCE along the said Westerly line of State Highway 87 and the Easterly line of the said TRACT 7 and the said tract herein described, the tbtlowing courses and distances; SOUTH 10° 17' 36" EAST tangent to said curve, a distance of 147.00 feet, to an iron rod for comer; SOUTH 07° 27' 08" EAST, a distance of 333.63 feet, to a Texas DepartmenI of' Transportation Highway Monument for comer; SOUTH 12° 42' 33" EAST, a distance of 548.48 feet, to a point for comer; SOUTH 10° 25' 06" EAST, a distance of 4577.81 feet, to an iron rod for begipming of a curve tangent to said llne; THENCE Southerly along the said Westerly line of State Highway 87 and the Easterly line ~f the said TRACT 7 and the said tract herein described, a distance of 766.64 feet. to a poir:,*, for comer along the curve concave to the east, having a radius of 5779.64 feet, and a central angle of 07° 36' 00"; THENCE SOUTH 18° 01' 06" EAST. men= tt,,~ smd ~3, esteri;'h.~'*'-' ~ ~- c~_~.t..~...~.~ ~.u;-~-' ~.,. 87, a~;d *.i~ Easterly line of the said TIL"xCT>/and the said*~rac,~ herdno desc,ibed.~ tangent to said curxe. ~- distance of 1601.58 feet to a point for comer; Page 6 of 7 Tt/ENCE SOUTH 170 59' 37" EAST, along the said Westerly//ne o£ State Highway g7 and the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 1 803.26 feet to a point for comer; THENCE SOUTH 17° 07' 06'~ EAST, along the said Westerly line of State Highway 87 and the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 988.17 feet to the POINT OF BEGINNING, containing 1161.0954 Acres, more or less. Notes: 1 ) Bearings Based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson Count3', Texas. Pa~e 7 of 7 December 14, 1994 ~KA~T 8 Chevron U.S.A., Inc. - Por~ ~ur Re~ner~ Jefferson County, Texas 5eing a 1151.947 acre tract or p~cel out of ~e T.& N. O. S~vey ~stract No.'s 279, 280, 281 an~ 282 and pa~ of cer~a;n 1158.220 acre tract as conveye~ by Correction Deed dated 6-15-54 ~escr~bed in Vol~e 946 Page 461 Dee~ ReCords, Cowry, Texas, execu~e~ by W. P. H. McFaddin et al, ~n fair 6f GuZf Re~ining Co., C0~ENCING at Gul~ mon~ent fo~ for the southwes~ ;ormer of 0.034 acre tract as described in Vol~e 219, Page 76, of Records, Jefferson COunty, Texas; THENCE North 88~02'~7" West f~r a dis=ante of 7651.85 ~h~ POI~ OF 5EGI~ING of the Tract herein TH~CE North 10~41'30" East, along the Easterly llne of said Survey No. 282, a d~s~anoe of 5713.10 feet , =o a 9oin= for corners TH~CE North 01"41'54" Eas=, along th. Eas=erly ba~ of Tayl0rs Bayou, a d~stance of 795.29 feet to a point fo= corner; T~NCE along and w;th ~e meanders of Taylors Sayou =he fol0wing co~ses and North 65"50'55" West, a distance of 155.16 'feet; Nor~ 65~16'37' ~est, a distance of 214.32 feet; North 82~52'05" West, a distance of 157.5~ feet; South 83~24'08' We~t, a distance of 224.05 feet; Sou~h 83~05'41' Wes=, a distance of 210.13 fee=; Sou~h 77~02'38" West, a dis=ance of 205.07 feet; South 78"30'24" West, a dis=a~c~ of 272.02 SO~ 85~22'58" West, a dis=a~ce o~ 242.25 South 89'2~'42" West~ a distance of 242.77 re.t; North 88"05'59" West, a distance of 170.97 feat; North 8~'43" W.st, a d~stance o~ 201.28 feet} NotCh 83~24'04' Wee=, a distance o~ 214.1~ feet; South 89~57'31" West, a dis=ance of 189.34 feet; North S5~44'59" West, a distance of 217.24 feet; North 88~22'46' Wes~,'~a di~ance of 210.22 South 76'06'18" West, ~ distance of'137.90 feet;' T~CT 8 Page I of ] South 67'39'43" West, & distance of 143.32 ~eet; Sout/~ 74'17'~7" West, a d~staflce of 205.93 feet; South 49e47;10" West, a d~stance of 425.16 feet; South39e13;2~u West, a dLstance of 268.89 feet; South 43e33;35'' West, e distance of xeS.ge, feet; North 71'02'32" Wast, a distance of 39.2S feet; South 75e08'$6'' WES2, a distance of 413.98 feet; ~orth 75e30;55" Wast; a distaz~ce of 318.06 feet; Worth S6019;55' West, a distanco of 143.87 feet; Worth 49005;38" West, adAstance of 248.38 feet; ~orth 3701s~09" ~est, a distance of 236.94 feet; ~or~h 27028;1~" West, a distance of xss.22 ~eat; ~orth 43.56'45" West a distance of 95.94 feet; ~orth 7201~;56'' wes~ a distance of 1~6.30 ~ee~; ~or~h 66'09'59~ Wes~ a dis~anca o~ 197.27 fee~; Sou~ 84,00;38" ~es~ a distance of X2X.6S fee~; SO~79042'42s Wes~ a dis~anc4 off 175.86 ~eet; sou~ 41'sg;SXn wes~ a distance of ~88.~8 fee~; .. So~h 38e34r02H Wes~ a distance of 364.43 ~8o~; SO~ 46'36'31" Wes~ ~ distance o~ 32S.13 fee~; 5o~h 57'39~38' Wes~ a ~ts~ance o~ 602.21 ~ee~; South 69'00'56" Wes~ a distance of 286.48 feet; Sou~ 84"04'18~ Wms~ a d~tafloe of 191.78 feet; North 72036'35" West a dis=ante of 373.97 feet; North ~3'04;55" West a distance of 253.47 fee~; ~o==h 48.~s'22" west, a'aistance o~ 227.17 feet; North 45023'38" West, a distance of 371.40 feet; North 52054'54" West, a distance of 83.38 feet; SO~ 19'06;33" West, a d~stance of 196.66 fee~; sou~ 28.0s,08" west, · d~stance of 175.59 fee=; TH~CE South 03055'30" West, a ~istan=e of 5167.17 feet tO a point for corner; THENCE South 86~0~'57" East, a distance of 8203.37 fast to the POINT OF BEGI~ING. Containing 1151.947 A=res, more or l~sm. No~e~: 1) Bearings Based on Port Arthur Lan4 Co. s~division as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2) D=awi~g included o~ ~eperata shee~. Mark W. ~iteley, R.P.L.S. No. 3636 T~CT 8 Pag~ 2 of 2 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson county, Texas · cra tract or parcel of land Situated in the Being a 120.517_ .a - . .... a e-tva? Section 122, T ' ou= of a 533.61 acre ~__ct County, T~as and being ..... =-~a{n t Gulf Refining Jefferson Coun=y, Texas, and also the remainder o~ Deed RBoords~. _ desoribe~ in deed from a 57.00 acre =rac~ or ~a~o~} ~f 1~ ..... dated Janua=y 30, 19~, W.P.H. MoFaddin to G ...... ~ ~----~s- jefferson recordo~ in Vol~e 223r .~ ...... ~-~ cularl Texas, said 120.517 acre =tact beifl~ ~- ~___l Y as fo~lows: CO~CING a~ a Gulf men, ant found ~or =he Sou=hwas= oo=n~ of 0.0~4 acre tract as described on Vol~e 219 Page 76, Records, Jefferson CounCy, TexaS~ ~ENCE Sou~h 33~0'2~" West, a d~stance of 10,372,1~ f~e~ t0 point for the POINT OF BEGINNING; ~ENCE South 88~19'06" East, a dis=ance of 5595.70 feet ~o a monument found ~ T~CE Nor=h 01-28'44" Eas=, a dis~ance of 31.96 feet to a for corner ~ THENCE No~h 01~42'~7" East, a distance of 16~6.50 ~e~= to a poln= for corner; THENCE North 86.43'18" We~t, a distance of 570.31 fe~ to a fo= corner $ THENCE South 72o57/.22" West, a distance o~ 100.00 faa= t0'a for corner; .,. TRACT 9 Page i of 2 THENCE South 72057'02" West, a distance of S207.42 feet to POINT OF BEGINNING end oontaining 120.517 Aores, more or less. Notes; 1) Bearings Eased on Port Arthur Land Co. Subd£visio, as recorded in Volume 1, Page 24 of the Map Jefferson County, Texas. 2) Drawing i~clude~ on separate sheet. Mar~ W. Whiteley, R.P.L.S. No. ~636 F ~ \M~6m~DATA\TRAGT9 ,M~a TRACT 9 Pag=~ 2 of 2 'I~.I~CT :LO CheWron U.S.A., Inc. - Port Arthur Refinery Jefferson Countyt Texas . -. Being a 0 761 acre trac~: or parcel of land situated in the B.C. and Four (2,3,&4) Ln Ranges ~ =-= ~ - d Corn an Jefferson County, Texas and being describeo Arthur Lan P Y' '- ...... ~ Gulf Re~ining Compan~ Records, Jefferson County, Texa~, said 0.761 a more parti~larly described as follows: CO~CING at Gulf mon~ent found for the sou=hwe~ corner of a 0.0~4 acre tract as described in Vol~e 219, Page 76, of the De~d Records~ Jefferson County, Texas7 TH~CE ~orth 12o59'34" West, a distance o~ 6859.46 fee= =o a point for the POINT OF BEGINNING of the herein described tract; TH~CE North 37"14'24" East, a distance of 2284.66 fe~t to a point for corner; THENCE Sou~ 29"38'43" West, a distance of 75. 6~ feet =o a poin~ for corner; THENCE South 37"14'23'' West, a dimtanc~ of 350.00 f~et to a po~i~ for corner; TH~CE South 31"24'41" West, a distance of 201.05 feet to a poimt for corner; THENCE South 38~17'23" West, a distance of 1659.94 feet t0 the POINT OF BEGI~iNG and containing 0.761 Acres, mor~ or less T~CT 10 Page 1 of ~ Subd~v£s ion as Note: 1) Bearings based on Por~ Ar=hut Land ¢0. reoorded in VOlUme 1, Page 24 of the Map Re¢orClS, Jefferson County, Texas. 2) Drawing Included on seperate sheet. Mark W. Whiteley, R.P.L.S. No. 363 · TRACT i0 Pag~ 2 of 2 gece~e~ 14, 1994 ~RAOT 11 Chevron U.S.A., Inc. - Port Arthur Refinery JeffersOn County, Texas Being a 4.123 acre tract or parcel of land situated in the and New Orleans Railroad Company Survey 121, p&tent #433, 13, jefferson C. ounty, Texas and described ~ deed ~rom Texas e OrleanG Railroad Company ~o Gulf Oil Co~oration, ~-~--~- ~ qD~0 recorded in Vol~e 487, Page. 7~, Deed Rec0rO~, pa~icularly described as follows: CO~CING at Gulf mon~ent found for ~e sou=hwe$t corner 0f 0.034 acre tract as de=oribed An Volume 219, ~a~e76, of the Records, Jefferson County, Texas; point for the POINT OF BEGI~ING of the herein described tract; THROE Nor~ 71'40'55" Wes=, a distance of 72.59 feet to a point for corner; THENCE North 85o42'30" We~, a distance of 94.38 feet to a fo= corner; THENCE Sou=h 11'09'05" Ease, a distance of 1558.28 feet =o a Doint for corner; THROE North 04'23'08" East, a distance of 310.32 feat to a Poi for corner; for corner; THENCE North 21007~49" ~as~, ~ distance of 106.56 f~e= to ~ point for corner; T~CT 11 page 1 of 2 THENCE North 10'25'07" West, a distance of 903.68 feet to *:he pOINT OF BEGINNING and containing 4.123 Acres, more or less. NoteS: 1] Bearings Based on Port Arthur Land Co. Subdivision as recorded in Volums 1, page 24 of the Map ReooXrds, Jefferson County, Texas. 2) Drawing included on seperate sheet. Mark W. Whiteley, R.P.L.S. No. 3636 F~\gp6~'~ATA\TRAGT~I.I~B TRACT 11 Page 2 of 2 Alq'ACHME~IT B-2 ATTACHMENT B- 1 EXHIBIT B ATTACHMENT ~G" Premcor is the only owner of the tracts and property listed in Attachment "A" to this Agreement. Attached hereto is a listing and description of the property owned by Premcor, but leased to Chevron Chemical Company and/or Chevron U.S.A., Inc. The City presently has "in lieu of tax" agreements with Chevron U.S.A., Inc. and ?remcor (formerly know as Clark Refining and Marketing, Inc.), which expires on December 31, 2008 (1998 Agreements with Clark Refining and Marketing approved per Resolutions No. 98-288 and 98-289, and 2003 Agreement with Chevron per Resolution No. 03-355), on December 31, 2010 (2003 Agreement with Premcor approved per Resolution No. 03-297}, or as denoted in the terms of these agreements. It is the intent of the parties to this Agreement that the City will enter into a separate "in lieu of tax" agreement with Chevron Chemical Company and/or Chevron U.S.A., Inc. as well as with Premcor (formerly known as Clark Refining and Marketing, Inc.) for the payment of "in lieu of taxes" after 2008, (Improvements delineated in Resolution No. 98-288, 98-289 and 03-355) and after 2010 (Improvements delineated in Resolution 03-297), with respect to the property identified and listed herein as part of this Attachment. Premcor will not be responsible for such Chevron payments with regard to the property identified and listed herein as part of this Attachment. The City is also negotiating an "in lieu of tax" agreement with Air Products who is also leasing property from Premcor. If Chevron Chemical Company and/or Chevron U.S.A., Inc., Air Products, or Premcor (formerly known as Clark Refining and Marketing, Inc.) fails to pay its additional "in lieu of tax" payment, or fails to agree to the terms of a new agreement as requested by the City, the City can, at its discretion, annex the tracts that Chevron Chemical Company and/or Chevron U.S.A., Inc. or Air Products is leasing from Premcor, as well as the tracts of Premcor and the necessary adjacent land to complete the annexations as required by Sections 43.054, et al., of the Local Government Code, Texas Revised Civil Statutes. In the event that Chevron Chemical Company and/or Chevron U.S.A., Inc. or Air Products breaches any part of its "in lieu of tax" agreement and the City consequently deems it necessary to annex all or part of the property identified and listed herein as part of this Attachment, then the City shall give Premcor not less than ten (10) business days' written notice of the alleged breach. Thereafter, Premcor shall be afforded a reasonable time within which to cure the alleged breach, if it so desires. Nevertheless, time is of the essence, regarding the payment of the "in lieu of tax" payments. Parcel "A" .858 acres Parcel "B" .462 acres Parcel "C" 5.914 acres Parcel "D" 3.796 acres Parcel "E" 1.656 acres Parcel "F" 4.562 acres Parcel "G" 40.325 acres Parcel "H" 90.421 acres Parcel "I-2" 1.629 acres Parcel "I-3" 2.157 acres Parcel "J-2" 3.179 acres Parcel "L" 38.502 acres Parcel "M" 2.097 acres Parcel "N-i" 54.022 acres Parcel "O" 109 acres It is the intent of the City that there shall be an industrial district agreement ("in-lieu of tax" agreement) for every major industrial project and improvement in the property described on Parcels "A" through "O" and in Attachment "A". Premcor shall report to the City any and all major industrial projects that either Premcor or its lessees shall perform on said property. ~.0. BO~ ~9~ May 26, 1994 409;~92~I PARCEL "A" Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B C. Arthur~Survey, A-61 . jefferson County, Texas BEING a 0.858 acre tract or parcel of land situated in the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out of a part of the Chevron U.S.A. - Port Arthur Refinery roper't~ described as 279.46 acres (FIRST TPJ%CT) in deed from the ~. A.'Ph~llips to Gulf Refining Company, dated February 26, 1907 and recorded in Volume 95, Page 499 of the Deed Records, Jefferson County, Texas, said 0.858 acre tract being more particularly described as follows: COMHENCING at a Gulf monument found at the intersection of the Northwesterly.right-of-way line of Southern Pacific Railroad (formerly T.&N.O.R.R - Port Arthur Branch) with the Southwesterly right-of-way line of State Highway 82 (formerly Spur 214) as d~scribed in deed from Gulf Refininq Company to the County. of Jefferson, State of Texas, dated November 25, 1921 and recorded in Volume 212, Page 8 of the Deed Records, Jefferson County, Texas; THENCE South 37 deg. 16 min. O6 sec. West, along and with the Northwesterly line of said Southern Pacific Railroad right-of- way, for a distance of 2,897.50 feet to a point; THENCE North 52 deg. 4'3'min. 54 sec. West for a distance of 2,594.85 feet to an iron rod se~ for the ~OINT OF BEGINNING of the hereiD descried tract; THENCE South 41 deg. !8 min. 39 sec. West for a distance of ~79.00 fee= to an iron rod set for corner; THENCE North 48 deg. 41 min. 21 sec. West for a distance of 134.00 feet to an iron rod set for corner; THENCE North 41 deg. 18 min. ~9 sec. East for a distance of 279.00 feet to an iron rod set for corner; G-1 Page 2 PARCEL "A" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 Jefferson County, Texas THENCE South 48 deg. 41 min. 21 sac. East for a distance of 134.00 feet to the POINT OF BEGINNING and containing 0.858 acres of land, more or less. NOTE: 1) Bearings based on Port Arthur Land Co. Subdivision as recorde~ in Volume 1, Page 24 of the Map RecordS, Jefferson County, T6xas. 2) Drawing included on separate sheet. Maz W. Whiteley, R.P.L.S..NO. PARCEL "B" Chevron chemicals - Lease Back Property Chevron U.S.A.j Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 jefferson County, Texas BEING a 0.462 acre tract or parcel of land situated in the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out o.f:~a.Part of the Chevron U.S.A. - Port Arthur Refinery property:described as 279.46.acres (FIRST TRACT) in deed from the H. A. Phillips to Gulf Refining Company, dated February 26, 1907 and recorded in Volume 95, Page 499 of the Deed Records, Jefferson County, Texas, said 0.462 acre tract being more particularly described as follows: CO~LMENCING at a Gulf monument found at the intersection of the Northwesterly ~ight-of-way line of Southern Pacific Railroad (formerly T.&N.O.R.R.-Port Arthur Branch) with the Southwesterly right-of-Way line of State Highway 82 (formerly Spur 214) as described in deed from Gulf Refining Company to the County of Jefferson, State of Texas, dated November 25, 1921 and recorded in Volume 212, Page 8 of the Deed Records, Jefferson County, Texas; THENCB South 37 deg. 16 min. 06 sec. West, along and with the Northwesterly line of said Southern Pacific Railroad right-of- way, for a distance of 2,916.75 feet to a point; THENCE North 52 deg. 43 min. 54 sec. West for a distance of 2,322.53 feet :to~a~ iron rod se~ for the i~INT OF BEGINNING of the herei~ de~crlbed tract; THENCE South 41 deg. 18 min. 39 sec. West for a distance of 137.00 feet to an iron rod set for corner; THENCE North 48 deg. 41 min. 21 sec. West for a.distance of 147.00 feet to an iron rod set for corner; THENCE North 41 deg. 18 min. 39 sec. East for a distance of 137.00 feet to an iron rod set for corner; Page 2 P~-RCZL "B" (continued) Chevron chemicals - Lease Back Property Chevron U.S.A., Inc. - Port 3_~thur Refinery B. C. Arthur Survey, A-61 Jefferson County, Texas THENCE South. 4~ deg. 41 min. 21 sec. East for a distance of 147.00 feet to the POINT OF BEGINNING and containing 0.462 acres of land, more or less. NOTE: 1) Bearings based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County,:~exas. 2):D.rawing included on separate sheet. G-4 .__ ~ P.O. BOX~92 · I 4091892~2I Che~on Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-6! Jefferson County, Texas BEING a 5.914 acre tract or parcel of land situated in the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being our of a part of the Chevron U.S.A.- Port Arthur Refinery property described as 279.46 acres (FIRST T~CT) in deed from the H. A. Phillips ~o Gulf Refining Company, dated February 26, and recorded in VOlume 95, Page 499 of the Deed Records, : Jefferson county, Texas, said 5.914 acre tract being more particu.~rly described as follows: Co~ENCING at a Gulf monument found at the int~section of the Northwesterly right-of-way line of Southern Pacific Railroad (fo~erly T.&N.O.R.R.-Port Arthur Branch) with the Southwesterly · right-of-waY line of State Highway 82 (fo~erly Spur 214) as described in deed from Gulf Refining Company to the County of Jefferson, Stat9 of Texas, dated November 25, 1921 and recorded in Volume 212, P'age 8 of the Deed Records, Jefferson County, Texas; THENCE South 37 deg. 16 min. 06 sec. West, along and wi~ the Northwesterly line of said Southern Pacific Railroad right-of- way, for a distance of 2,541.16 feet to a point; THENCE North 52 deg. 43 min. 54 sec. West for a distance of 1,232.17 fee= to an iron rod se~ for the POINT OF BEGINNING of the herein described THENCE South 41 deg. 19 min. 02 sec. West for a distance of 391 61 feet to an iron rod set for corner; THENCE Nort~ 63'deg. 13 min. 57 sec. West for a distance of 15.26 feet to an iron rod set for corner; THENCE North 48 deg. 43 min. 41 sec. West for a distance of 498.54 feet to a 6od nail set for corner; THENCE North 02 deg. 15 min. 32 sec. West for a distance.of 39.14 feet to an iron rod set for corner; THENCE North 41 deg. 15 min. 48 sec. East for a distance of_... 463.67 fee= to an "X" set in concrete for co~ner; ~ . G-$ Page 2 P~RCEL "C" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 Jefferson county, Texas THENCE North 64 deg. 15 min. 13 sec. East for a distance of 28.16 feet to a 60d nail set for corner; THENCE South 48 deg. 46 min. 23 sec. East for a distance of 251.91 feet to an $" Spike set for corner; THENCE South 03 deg. 59 min. 41 sec.'East'for a dis'tance of 32.36 feet to an 8" spike set for corner; : THENCE South 48 deg. 12 min. 12 sec.'East for a distance of 24.33 feet to an 8" Spike set for corner; THENCE South 48 deg. 44 min. 04 sec. East for a distance of 72.40 feet to an iron rod set for corner; THENCE South 41 deg. 12 min. 43 sec. West for a distance of 99.75 feet.to an iron rod sat for corner; THENCE South 4$.:deg. 43 min. 40 sec. East for a distance of 157.92 feet to the POINT OF BEGINNING and containing 5.914 acres of land, more or less. NOTE: 1) Bearings based on Port Arthur Land. Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas- 2) Drawing included on separate sheet. Mark W. Whlteley, R.P.L.S. NO. 3636 I_WCORBOR-~T£D $~IRVEYORS. AND FLt~N'i-~S May 26, 1994 4091892.-042 Chev-ron Chemicals - T.ease Sack Property Che~Ton U.S.A., Thc. - Port Ar~h~r Refinery S. C. ~rthur Survey, A-61 Jefferson County, Texes BEING a 3.796 acre tract or parcel of land situated in the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out of and a part of the Chevron U.S.A. Port Arthur Refinery property and that same tract of land described as 279.46 acres (FIRST TRACT) in deed from the H. A. Phillips to Gulf Refining Company, dated February 26, 1907 and recorded in Volume 95, Page 499 of the Deed Records, Jefferson County, Texas, said 3.796 acre tra¢~jb~ing more particularly described as follows: COM~ENCING at a Gulf monument found at the intersection of the Northwesterly right-of-way line of Southern Pacific Railroad with the Southwesterly right-of-way line of State Highway 82 (formerly Spur 214) as described in dee~ from Gulf Refining Company to the County of Jefferson, State of Texas, dated November 25, 1921 and recorded in ~olume 212, Page 8 of the Deed Records, Jefferson County, Texas'; THENCE South 37 deg. 16 min. 06 sec. West, along and with the Northwesterly right-of-way line of said Southern Pacific Railroad, for a distance of 3,520.63 feet to a point; THENCE North 52.deg. 43 min. 54 sec. West for a distance of 1,557.47 feet to an 8" Spike set for the POINT OF BEGINNING of the herein described tract; THENCE South 41 deg. 14 min. 04 sec. West for a distance of 406.87 fee= to an 8" Spike set for corner; THENCE Nprth:48~d.eg. 00 min. 3~ sec. Wes~ for a distance of 306.40 f~et 40 an 8" Spike set for corner; 'THENCE North 43 deg. 29 min. 09 sec. West for a distance of 234.88 fee= to an 8" Spike set for corner; THENCE North 39 deg. 25 min. 26 sec. West for a distance of 29.62 feet to an 8" Spike set for corner; THENCE North 39 deg. 01 min. 04 sec. East for a distance of 136.19 feet to an S" Spike set for corner; Page 2 p~CEL "D" (continued) Chevron Chemicals - Lease Back Property Che~on U.S.A., Inc. - Port ~Jthur Refinery B. C. Arthur Survey, A-6! Jefferson County, Texas THENCE South 50 deg. 36 min. 29 sec. East for a distance of 248.85 feet to an 8". Spike set for corner; THENCE North 82 deg. O1 min. 43 sec. East for a distance of 30.50 feet to an 8" spike sat for corner; THENCE North 41 deg. 07 min. 35 sec. East for a distance of 209.77 feet to an 8" Spike set for corner; THENCE South 48 deg. 40 min. 08 sec. East for a distance of 306.Si::f~et to the POINT OF BEGINNING and containing 3.796 acres of land, ~ore or less. .i NOTE: 1) Bearings blsed on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas..' 2) Drawing included on separate sheet. Mark W. w~ite%ey~ ~.P.L.S. NO. ~636 G-$ · ._.,.4.% 'D'AS$OCL¢TF.S t,vCOP...Oa. T£D CONS ~T~'G P.O. May 26, 1994 PARCEL "E" Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-6! Jefferson County, Texas BEING a 1.656 acre tract or parcel of land situated in the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out of A part of the Chevron U.S.A. - Port Arthur Refinery propert~;~d~scribed as 279.46 acres (FIRST TRACT) in deed from the H. A. Ph'ilIips to Gulf Refining Company, dated February 26, 1907 and recorded in volume 95, Page 499 of the Deed Records, Jefferson County, Texas, said 1.656 acre tract being more particularly described as follows: COMMENCING at an iron rod set for the intersection of the Easterly line of the Southern Pacific Railroad 100 foot right,of- way (formerly known as the Texas and New Orleans Railroad Company's Dallas-Sabine Main Branch main track) with the Northwesterly line of the Southern Pacific Railroad 100 foot right-of-way (formerly known as the Texas and New Orleans Railroad Company's Pore Arthur Branch); THENCE North 10 deg. 25 min. 24 sec. West, along and with the · Easterly line of said former Dallas-Sabine Main Branch right-of- way, for a distance of 658.$1 feet to an iron rod set for the POINT OF BEGINNING of the herein described tract; THENCE continuing North 10 deg~ 25 mih. 24 sec. West, along and with the Easterly line of said former Dallas-Sabine Main Branch right-of-way, for a ~istance of 432.13 feeD4to an iron rod set for the beginning ~f' a curve to the Left; THENCE continuing along and with said former Dallas-Sabine Main Branch, in a northerly direction along said curve to the Left having a Radius of 1960.08 feet, a Central Angle of 2 deg. 13 min. 31 sec., a chord which bears North !1 deg. 30 min. 10 sec. west-76.13 feet, for an Arc length of 76.13 feet to an iron rod set for corner at the intersection with the Westerly line of the Southern Pacific Railroad transfer line !00 foot right-of-way; G-9 Page 2 p)_~CZ~. "Z" (continued) Chevron Chemicals - Lease Back Property 'Chevron U.S.A-, Inc. - Port Arthur Refinery B. C. Arthur survey, A-61 jefferson county, Texas THENCE along and with the Westerly line of said transfer line right-of-waY, in a southeasterly direction along a curve to the Left having e Radius of 814.04 feet, a Central Angle of 29 deg. 04 min. 42 sec., a chord which bears South 60 deg. 37 win. 30 sec. East-408-72 feet, for an Arc length of 413.14 feet to an iron rod set for corner; THBNCE'.Soqth 41 deg. 18 min. 11 sec. Wast for a distance of 398.16 ~e6t to the POINT OF BEGINNING and containing 1.656 acres of.land, more or lass. NOTE: 1) Bearings based on Port Arthur Land Co. subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2) Drawing included on separate sheet. Mark W. Whiteley, R.P.L.S. NO. 3636 .. G-lO . May 26, 1994 4091892~21 pARCEL "F" Chevron'Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 Jefferson. county, Texas BEING a 4.562 acre tract or parcel of land situated in the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out of a part of the Chevron U.S.A. Port Arthur Refinery property : described as 279.46 acres (FIRST TRACT) in deed from the I~. A. Phillips to Gulf Refining Company, dated February 26, 1907 and recorde'd in Volume 95, Page 499 of the Deed Records, Jefferson County, Texas, said 4.562 acre tract being more particularly described as follows: BEGINNING at an iron rod set for the intersection of the Easterly line of the Southern: Pacific Railroad 100 foot right-of-way (formerly known as the Texas and New orleans Railroad Company's Dallas-Sabine Main Branch main track) with the Northwesterly line of the Souther~ Pacific Railroad 100 foot right-of-way (foz-merly known as the Texas and New Orleans Railroad Company's Port Arthur. Branch); THENCE North 10 dec. 25 min. 24 'sec. West, along and with the Easterly line of s~id former Dallas-Sab'ine Main Branch right-of- way, for a distance of 389.18 feet ..to an iron rod set corner; THENCE North 41 deg. 07 min. 07 sec. East for a distance of 714.88 feet to an iron rod set for corner in the Westerly line of the Southern Pacific Railroad transfer line 100 foot right-of- THENCE along a.~d {'ith the Westerly li.~e of said transfer line right-of-way, in a southeasterly direction along a curve to the Left having a Radius of 814.04 feet, a Central Angle of 21 deg. 08 min. 27 sec., a chord which bears North 76 deg. 04 min. 24 sec. East-298.66 feet, for an Arc length of 300.36 feet to an iron rod set for ccrner at the intersection with the North'westerly line of said former Port Arthur Branch right-of-way and from which a Gulf monument found for the intersection of said Port Arthur Branch with the Southwesterly right-of-way of state Highway 82 bears North 37 deg. 16 min. 06 sec. East - 4,125.45 feet; ... Page 2 P~CEL "F" (continued} Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. A~thur Survey, A-61 Jefferson county, Texas THENCE South 37 deg. 16 min. 06 sec. West, along and with the northwesterly line of said former Port.Arthur Branch right-of-way for a distance of 909.90 feet to an iron rod set for the beginning of a curve to the Left; THENCE along and with the Northwesterly line of said former Port Arthur Branch right-of-way, in a southwesterly direction along said cU~. e. to the Left having a Radius of 869.56 feet, a Central Angle of 2~ deg. 02 min. 46 sec., a chord which bears South 27 deg. 15 min. 07 sec. West-302.68 feet, for an Arc length of 304.23 feet to the POINT OF BEGINNING and containing 4.562 acres of land, more or less. NOTE: 1) Bearings based on Port Arthur Land Co. Subdivision as recorded in volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2) Drawing included on separate sheet. Mark W. Whtteley, ' . - G-12 ~ AND As$OCL.tTE5 ~ ~ L~-¢OF. POP-kTED P.O. May 26, 1994 ~RCEL "G" Chevron Chemicals - Lease Back'PropertY Chevron U.s.A-, Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 jefferson County,'Texas BEING a 40.325 acre tract or parcel of land situated in the B. C. Arthur survey, Abstract No, 6~, Jefferson. county, Texas and being out of parts of the Chevron U.S.A. - Port Arthur Refinery · scribed as 279.46 acres (FIRST TP~%CT) in deed from the proper~y.de. . _..~ ~.~,~,~ C_moan~ dated February 26, 1907 jefferson county, Texas and 70 acres in deed from Port ~thur .... Land Company =o Gulf Refining Company, dated January 11, 1902 and :'recorded in Volume 56, Page 160,' Deed RecordS, Jefferson County, Texas, said .4?.325 a~re tract being more pa~ti=ularly described as follows: ~ CoerCING at ~' Gulf monument found at the intersection of the Northwesterly right-of-way line of Southern Pacific Railroad (formerly T.&N.O.R.R - Port Arthur Branch) with the Southwesterly right-of-way line of State Highway 82. (fo~erly Spur 214) as described in deed from Gulf Refining Company to the County of jefferson, state of Texas, dated November 25, 1921 and recorde~ in volume 212, Page 8 of =he Deed RecordS, Jefferson County, Taxa~; THENCE South 37 deg- 16 min. 06 sec. West, along and with the Southwesterly line of ~aid Southern Pacific Railroad right-of- way, for a distance of 3,511.93 fee= =o a point; THENCE Sou~h 5~ d~g'. 43 min. 54 sec. East ~°r a distance of 161.80 fee= ~o an iron rod se: in =he Southeasterly right-of-way lihe of sta=e Highway 87 for =he POINT OF BEGINNING of the herein described tract; THENCE South 55 deg. 51 min. 48 sec. East for a distance of 48.69 feet ~o an existing chainlink fence corner post; Page 2 p;~RCEL "G" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-6! Jefferson CoUnty, Texas THENCE along and with said existing chainlink fence for the following courses and distances: South 48 deg. 51 mln. 53 sec. East - 142.66 feet to corner post, South 03 deg. 27 mln. 08 sec. West - 19.25 feet to corner post, South 48 deg. 46 mln. 07 sec. East - 60.22 feet to corner post, South 41 deq. 11 min. 11 sec. West - 64.81 feet to corner post, South 49 deg. 18 min. 21 sec. East - 60.47 feet to corner post, North:3.9 deg. 16 mln. 19 sec. East - 64.55 feet to corner post, South'S8 beg. 58 mln. 29 sec. East - 70.67 feet to corner post, South 40 deg. 14 mln. 33 sec. West - 9.87 feet to corner post, South 48 deg. 49 mln. 29 sec. East - 140.48 feet to corner post, North 38 deg. 00 mln. 27 sec. East - 10.46 feet to corner post, 'iSouth 49 deg. 05 mzn.. 52 sec. East - 111.80 feet to corner.post; THENC~ South 41 deg. 34 mln. 26 sec.'West for a distance of 574.05 feet to:an 8" Spike set for corner; THENCE South 49 deg. 29 min. 59 sec. East for a distance of 163.99 feet to an 8" spike set for corner; THENCE South 39 deg. 27 min. 05 sec. We.st for a distance of 63.63 feet %0 an 8" Spike set for corner; THENCE South 55 deg. 16 min. 56 sec. East for a distance of 83.68 feet to an 8" spike set for corner; THENCE South 54 deg. 16 min. 55 s~c East for a distance of 82.48 feet to an 8" spike set for corner; THENCE So.u~h 48 ~g:. 37 mln. 25 sec. East ~or a distance of 67.43 feet to an 8" Spike set for corner; THENCE South 41 deg. 18 min. 10 sec. West for a distance of 1,597.36 feet to an 8" Spike set for corner; THENCE North 41 deg. 30 min. 59 sec. Wes~ for a distance of 100.88 feet to an 8" Spike set for corner; THENCE South 46 deg. 26 mln. 31 sec. West for a distance of 26.43 feet.to an 8" Spike set for corner; G-14 , . ? Page 3 ' ~,RCEL !'G" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 jefferson County, Texas THENCE North 42 deg. 13 min. 22 sec. West for a distance of 46.82 feet to an'S" spike set for corner; THENCE North 48 deg. 28 min. 33 sec. East for a distance of 19.23 feet to an S" Spike set for corner; THENCE North 43 deg. 05 min. 22 sec. West for a distance of 224.67 feet to an 8" Spike set for corner in an existing chainlink fence line; THENCE along and with said'existing chainlink fence for the foll6~in~ courses and distanoes: North 41 deg. 44 min. 19 sec. East - 106.55 feet to corner post, North 44 deg. 11 min. 43 sec. West - 223246 feet to corner post, South 52 deg. 07 min. 14 sec. West - 60.73 feet to corner post, North 09 deg. 40 min. 05 sec. West - 74.52 feet to an iron rod set for corner in the Southeasterly-right-of-way line of State Highway 87; THENCE North 06 deg. 40 min. 19 sec. East, along and'with the Southeasterly right-of-way line of State Highway 87, for a dis=ance of 283.02 feet to an iron rod set for corner; THENCE North 15 deg.' 41 min. 50 sec. East, along.~nd with the Southeasterly right-of-way line of State Highway 87, for a distance of 44.58 feet to an iron rod set for corner; THENCE.North 18 deg. 30 min. 01 sec.'East, along and with the Southeasterly right-of-way line of State 'Highway 87, for a distance of 88.24 feet to a Texas Highway Department concrete monument found for corner; THENCE N~rth '~3'' /' deg. 50 min. 25 sec. Ea'st, along and with the Southeasterly right-of-way line of State Highway 67, for a distance of 84.93 feet to a 1" iron pipe set for corner; THENCE North 29 deg. 15 min. 07 sec. East; along and with the Southeasterly right-of-way line of state Highway 87, for a distance of 86.59 f~et to a 1" iron pipe set for corner; THENC~ North 31 deg. 42 min. 39 sec. East, along and with the Southeasterly right-of-way line of State Highway 87, for a disuance of 111.68 feet to an iron rod set for corner; G-15 Page 4 PARCEL "G" (c~ntinued) Chevron Chemicals - Lease Beck Property Chevron U.s.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-6! Jefferson county, Texas THENCE North 37 deg~ 16 min. 06 sec. East, along and with the Southeasterly right-of-way line of State Highway 87, for a distance of 1,448.85 feet to the POINT OF BEGINNING and containing 40.325 acres of land, more or less. NOTE: 1) Bearings based on Port Arthur Land Co. Subdivision as recorded in volume 1, Page 24 of the Map Records, Jefferson : County, Texas. ~.) Drawing included on separate sheet. G-16 INCORP OP. ATED CONSUETI~G I:ARCEL "E" Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery T. & N. O. R.R., Section No. 1~1, A-250 John Wescott (Franklin Baker No. 2), A-725 Jefferson county, Te~s BEING a 90.421 acre tract or parcel of land situated in the T. & N. O. R.R., Section No. 121, ~stract No. 250, and the John Wescott.(Franklin Baker No. 2), Abstract 725, Jefferson County, Texas and being out of those parts of the Chevron U.S.A. Port Arthur3~efinery property described as 470 acres in deed .from ~. A. Laughli~ end N. M. Barrier to Gulf Refining Company, dated October 21, 1916 and recorded in Volume 152, Page 97, 238 acres (Tract No. 4) in deed from W.P.H. McFaddin to Gulf Refining Company, dated July 7, 1917 and recorded in Volume 167, Page 261, ~nd 208 acres in deed from Jno. J. Wescott and wife, May B. Wescor= to Gulf Refining Company, dated November 6, !917. and 'recorded in Volume 169, Page 68, all in the Deed Records of Jefferson CoUnt~, Texas, said 90.421 acre tract being more particularly described as follows: COM}~.ENCING at Northwesterly corner of that certain 0.11 acre tract described as Parcel No. i in deed from Gulf Refining Company to the State of Texas for right-of-way of Highway 87, dated May 18, 1933 and recorded in volum~ 365, Page 626 of the Deed Records, Jefferson County, Texas, said corner being in the -former SouTh Bank of Taylors Bayou; THENCE South 12 deg. 40 min. 24 sec. East, along and with the Westerly right-of-way line of State Highway 87, for a distance of 272.03 feet to an iron rod set for the POIN_.T OF BEGINNING of the herein described ~ract; ~ ' THENCE continuing South 12 deg. 40 min. 24 sec. East, along and with the Westerly right-of-way line of .State Highway 87, for a distance of 63.09 feet to an iron rod set for corner; THENCE North 84 deg. 20 min. 00 sec. West for a'distanca of 94.49 fee= to an 8" spike set for corner; THENCE South 80 deg. 04 min. 05 sec. West for a distance of 459.58 feat to an 8" Spike sat for corner; G-17 ? Page 2 pA/~CEL "B" (continued) Chevron Chemicals - Lease Back Property Che%~on U.S.A., Inc. - Port Arthur Refinery B..C. Arthur Survey, A-61 John Wescott (Franklin Baker No. 2), A-725 Jefferson County, Texas THENCE North 88 deg. 58 min. 41 sec. West for a distance of 77.70 feet to an S" Spike set for corner; THENCE North 68 deg. 51 min. 27 sec. West for a distance of 41.81 feet to an $" Spike set for corner; THENCE South 79 deg: 57 min. 57 sec. West for a distance 1471.03 feet to an lron rod set for corner; THENCE:North 10 deg. 02 min. 03 sec. West for a distance of 38.00 feet t6 a/n iron rod set for corner; THENCE South 79 deg. 57 min. 57 sec. West for a distance of 88.00 feet to'an iron rod set.for corner; THENCE South 10 degJ 02 min. 03 sec. East for a distance of 38.00 feet to an iron rod set for corner; THENCE South 79 deg. 57 min. $7 sec. West for a distance of 185.00 feet to an 8" Spike set for corner; THENCE North 00 deg. 04 min. 12 sec. West for a distance of 243.50 feet to an iron rod set for corner; THENCE North 04 deg. 10 mln. 42 sec- West for a distance of 1382.~5 feet to an iron rod set for corner; THENCE South 51 deg. 05 mln. 28 sec. West for a distance of 162.85 feet to an iron rod set for corner; THENCE South 01 ~e~. 57 m~n. 36 ~ec. West $or a distance of 623.00 fe~t to:a6 ~ron roe set for corner; THENCE South 79 deg. 28 mln. 06 sec. West f6r a distance of 183.04 feet to an iron rod set for corner; THENCE North 00 deg. 41 m!n. 10 sec. East for'a distance of 430.80 feet to an iron rod set for corner; THENCE North 13 deg. 19 mln. 59 sec. East for a distance of 518.~6 feet to an iron rod set for corner; THENCE N6rth 15 deg. 11 mln. 50 sec. East for a distance 'of 274.92 feet to an iron rod set for corner; O-18 Page 3 !~ P~RCEL "~" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 John Wescott (Franklin Baker No.-2), A-725 Jefferson county, Texas THENCE North 28 deg. 52 min. 19 sec. East for a distance of 291.78 feet to an iron rod set for corner; THENCE North 15 deg. 27 min. 40 sec. East for a distance of 429.26 feet to an iron rod set for corner; THENCE South 84 deg. O0 min. 28 sec. East for a distance of 464.42 feet to an iron rod set for corner; THENCE South 42 deg. 57 min. 15 sec. West for a distance of 753.4!;.£ept to an iron rod set for corner; THENCE South 15 deg. 21 min. 38 sec..West for a distance of 400.08 feet to an iron rod set for corner; THENCE North 45 deg..-59 min. 31 sec. East for a distance of 1196.31 feet to an iron rod set for corner; .. THENCE South 79 deg. 28 min. 00 sec. East for a distance of 184.22 feet'to an iron rod set for corner; THENCE South 09 deg. 08 m~n. 36 sec. East for a distance of 380.71 feet to an 8" Spike set for corner; THENCE North 80 deg. 04 mln. 57 sec. East for a distance"~f 47.67 feet to aD 8,,'spike set for corner; THENCE South 11 deg. 47 mln. 49 sec. East for a distance of 16.10 feet =o an 8" spike set for corner; THENCE North 83 deg. 49 m~n. 55 sec. East for a d£'stance of 141.58 feet to.a9 ~" Spike set ~rcorner~ THENCE North 42 deg. 25 mln. 46 sec. East for a distance of 118.54 feet to an 8" Spike sat for corner; THENCE North 53 deg. 27 min. 00 sec. West for a distance of 6.79 feet to an 8" spike set for corner; THENCE North 40 deg, 52 mln. 51 sec. East for a distance of 653.36 feet to an iron rod sat for corner; Page 4 ~RCEL "E" (continued). Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 John Wescott (Franklin Baker No. 2), A-725 Jefferson County, Texas THENCE South 21 deg. 47 min. 02 sec. East for a distance of 392.15 feet to an iron rod set for corner; THENCE South 31 deg. 48 min. 33 sec. West for a distance of 532.06 feet to an iron rod set for corner; THENCE South 25 deg. 38 min. 45 sec. West for a distance of 523.18 feet to an iron rod set for corner; THENCE:S. outh 10 deg. 42 min. 07 sec. East for a distance of 362.35 fee~ to an iron rod set for corner; THENCE South 31 deg. 21 min. 51 sec. East for a distance of 256.38 feet to an iron rod set for corner; THENCE South 54 deg. 39 min. 29 sec. East for a distance of lSP.03 feet to an iron rod set for come.r; THENCE South 10 deg. 21 min. 18 sec. East for a distance of 450.34 feet to an 8" Spike set for corner; THENCE South 69 deg. 28 min. 55 sec. East for a distance of 80.04 feet to an 8" Spike set for corner; THENCE North 79 deg. 59 min. 50 .sec..-~ast for a distance of 575.01 feet to the POINT OF BEGINNING and containing 90.421 acres of land, more or less. NOTE: 1) BearSngs based on Port Arthur Land Co. Subdivision as recorded in volume 1, Page 24 of the Map Records, Jefferson County, Texas · : ~.' 2) D~awin9 fn~-luded on separate sheet, Mark W. Whiteley, R.P.L.S. NO. 3636 G-20 CL £S Che~on Chemicals - Lease Back Property Che~on U.S.A., Inc. - Port ~thur Refine~ T. & N. O. R.R., Section No. ~21, A-250 jefferson County, Texas BEING a 1.629 acre'tract or parcel of land situated in the T. & N. O. R.R., Section No. X21, ~stract No. 250, Jefferson County, Texas and being out of that part of the Che~on U.S.A. Port Arthur Refinery proper~y described as 470 acres in deed from E. A. Laughlin and N. M. Barrier to ~ulf Refining Company, dated October 21, ~9~6 and recorded in Volume X52, Page 97 of the Deed Records, Jefferson County, Texas, ~aid ~.629 acre tract being more particularly described as follows: CO~NCING at Northwesterly corner of that certain O.~X acre tract described as Parcel No. ~ in deed from ~ulf Refining Company to ~e State of Texas for right-of-way of ~ighway 87, dated May ~8, ~933 and recorded in Vol~e 365, Page 626 of ~e Deed RecordS, Jefferson County, Texas, said corner being in the f0~er South Ba~ of TaYlors Bayou; TRENCE South ~2 de~. 40 min. 24 sec. East, along ~nd with the Westerly right-of-way line of State Highwmy ST, for a distance of 509.49 feet to a point; T~NCE South 77 deg. ~9 min. 36 sec. West for a distance of ~2~.4x feet to an iron rod found for the ~QINT OF BEGINNING of ~he herein described tract; ~CE South 09 deg. 2~ min. 41 sec. East for a distance of 83.67 feet to an iron rod set for corner; ~' T~NCE Sot~h 7.~ ~q.. 40 min. 22 -~ec. West ~or a distance of 311.S5 fe~t to an iron rod set for corner; -- THENCE South 08 deq. 00 min. 16 sec. East for a distance of 206.21 feet to an iron rod se~ for corner; THENCE South 80 deg. 52 min. 56 sec. We~t for a distance of 120.36 feet to an iron rod set for corner; THENCE North 11 deg. 07 min. 39 sec. West for a distance of 321.27 feet to an iron rod found for corner; Page 2 · PARCEL "!~" (continued) Chevron Chemicals - Lease Beck Property Chevron U.S.A., Inc. - Port Arthur Refinery T. & N- O. R.R., Section No. 121, A-250 Jefferson County, Taxas THENCE North 78 deg. 54 min. 12 sec. East for a distance of 39S.ll feet to an iron rod found for corner; THENCE South 65 deg. 12 min. 33 sec. East for a distance of $9.0? feet to the POINT OF BEGINNING and containing 1.629 acres of land, more or less. NOTE: 1) Bearings based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2). Drawing included on separate sheet. ~a e . G-22 ..k ' ).¢SSOCLCT 'S I~CORPOP-¢TE.D CONSULTING ENG~. 0c~ob~r 28, 1994 ~.O.~OX~ 409~892.~2~ Che~on Chemicals - Lease Sack Property Che~on U.S.A., Inc. - Por~ $~hur R~fine~ T. & N. O. R.R., Section No. 121, A-250 Jefferson county, Texas BEING a 2.!57 acre tract or parcel of land situated in the T. & N. O. R.R., Section No. 121, Abstract No. 250,. Jefferson County, Texas and being out of that part of the chevron U.S.A. Port Arthur Refinery property, described as 470 acres in deed from E. A. 'Laughlin and N. M- Barrier to Gulf Refining Company, dated October 21, 1916 and recorded in Volume 152, Page 97 of the Deed Records, jefferson County, Texas, said 2.157 acre tract being more particularly described as follows: coMMENCING at Northwesterly corner of that certein.0.!l acre tract described as Parcel No. i in deed from Gulf Refining Company to the State of Texas for right-of-way of Highway 87, dated May'lB, 1933 and recorded in volume 365, Page 626 of the Deed RecordS, Jefferson County, Texas, said corner being in the former South Bank of Taylors Bayou; THENCE South 12 deg. 40 min. 24 sec. East, along and with the Westerly right-of-way line of State Highway $7, for a distance of 509.46 feet to a point; ..-- THENCE South 77 deg. 19 min. 36 sec. West for a distance of 626.41 feet to an iron rod found for corner; THENCE So~th 09 deg. 54 min. 58 sec. East for a distance of 341.98 feet to an iron rod set for the £OINT OF BEGINNING of the herein described tract; THENCE south 10 ~. 16 min. 58~sec. East~for a distance of 215.35 fe~t t6 an'iron rod found for corner; THENCE South 79 deg. 42 min. 45 sec. West for a distance of 436.93 feet to an iron rod found for corner; THENCE North 11 deg. 15 min. 35 sec. West for a dis=ance of 212.98 fee= to an iron rod set for corner; G-23 Page 2 PARCEL "~3" (continued) Chevron chemicals - Lease Back Property Chevron U. $.A., Inc. - Port $.rthur Refinery T. & N. O. R.R., Section No. 121, A-250 Jefferson County, Texas THENCE North 79 dec. 24 min. 13 sec. East for a distance of 440.56 feet- to the'POiNT OF BEGI}~ING and containing 2.157 acres of land, more or less. NOTE: 1) Bearings based on Port A~thur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson county.~' ~exas. 2)-Drawing included on separate sheet. Mark W. Whiteley, R.P.L.S. NO. 3636 G-24 LVCORPOP~4TED 7 CONSULT[NO ENGINEERS. J%0. BOX ~492 May 26, 1994 B~4UMO~VT.T~.~4~77726 409/892-0421 Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery T. & lq. O. P,.R., Section No. 121, A-250 Jefferson county, Texas BEING a 3.179 acre tract or parcel of land situated in the T. & N. O. R.R., Seotion No. 121, Abstract No. 250, jefferson County, Texas and being out of that part of the Chevron U.S.A- Port Arthur Refinery property described as 470 acres in deed from E. A. Laughlin and N. M. Barrier to Gulf Refining Company, dated Octobek:'21, 1916 and recorded in volume 152, Page 97 of the Deed Records, Uefferson county, Texas, said 3.179 acre tract being more particularly described as follows: COM~ENcING at Northwesterly corner of that certain 0.11 acre tract described as Parcel No. I in deed from Gulf'Refining Company to the State of Texas for right-of-way of Highway 87, dated May 18, 1933 and recorded in volume 365, Page 626 of the Deed Records, jefferson County, Texas, said corner being in the former South Bank of Taylors Bayou; THENCE South 12 deg. 40 min. 24 sec. East, along and with the Westerly right-of-way line of State Highway 87, for a distance of 548.4 feet to a point for angle in said right-of-way; THENCE South 10 deg. 23 min. 24 .'sec. East, continuing along and With the Westerly right-of-way line of State Highway 87, for a distance of 1592.93 feet to a point; .. THENCE South 79 deg. 36 min. 36 sec. West for a distance of -: ~29.65 feet to an iron rod set for the POINT OF BEGINNING of the herein described ~act; THENCE South 10 deg. 58 min. 22 sec. East for a distance of 273.64 feet to an iron rod set for corner; THENCE South 79 deg. 29 min. 20 sec. West for a distance of 451.64 feet to an iron rod sat for corner; THENCE North 09 deg. 34 min. 29 sec. West for a distance'of 316.00 feet to an iron rod set for corner; PARCEL "0--1 (continued) Chevron Chemicals - Lease Back Pr09erty Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Ar=hut Survey, A-61 Jefferson County, Texas THENCE North 80 deg. 55 min. 23 sec. East for a distance of 410.23 feet to an iron rod set for corner; THENCE South 57 deg. 20 min. 05 sec. East for a distance of 46.86 feet to the POINT OF BEGINNING and containing 3.179 acres of land, more or less. NOTE: 1) Bearings based o~ 'Port Arthur Land Co. Subdivision as recorded in Volu~e 1, ~age 24 of the Map Records, Jefferson County,' Texas ~ .' ~ 2) Drawing :included on separate sheet. - ...~ Mark W. Whlteley, R P.L.S. NO. 363 .: ; ..' G-26 pARcEL "L" chevron PADC - Lease Back Property Chevron U.s.A., Inc. - Port Arthur Refinery B. c.'Arthur Survey, A-6! jefferson county, TeXas BEING a 38.502 acre tract or parcel cf land situated in the B. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out of and a part of the Chevron U.S.A. Port ~-rthur Refinery property described as 199.$ acres in deed from the Port Arthur Land ~mmpany to J. M. Guffey, dated Anti! 3, 1901 and recorded in Volum6 4~, Page 632 of the Deed RecordS, Jefferson County, Texas, said 38.502 acre tract being more particularly described &s follows: cOHMENCING at a Gulf monument found et the intersection of the Southeasterly right-of-way line of Seventh Street with the Southwesterly right-of-way line of 60 foot wide County Road (known as the;Texas company Docks ~oad); THENCE South 41 deg. 13 min- O0 sec. West, along and with the Southeasterly right-of-way line of said Seventh Street, for a distance of 431.73 feet to a point; THENCE North 48 deg. 47 min. 00 sec. West, crossing said Seventh Street, for a distance of 84.00 feet'to a ~.~< set in concrete foo=ing of existing chainlink fence pos= for the POINT OF BEGINNING of the herein described tract; THENCE South 41 de~. 13 min- 00 sec. West, along and with said chainlink fence, for a distance of 517.14 feet to an iron rod set for corn .e~r; : : : THENCE North 48 deg. 26 min. 53 sec. Wast for a distance of 435.60 feet to an iron rod set for corner; THENCE South 41 deq. 20 min. !3 sec. West for a distance of 402.14 feet to an iron rod sat for corner; THENCE South SO deg. 36 min. 28 sec. West for a distance of $4.61 feet to a ~R spike set for corner; THENCE North ~7 deg. 59 min. 52 sec. West for a distance of 445.08 feet to an 8" spike set for corneri G-27 Pac. e 2 ~_~CEL "L" (continued) Chevron PADC - Lease Back Property Chevron U.s.A., Inc. - Port A~rthur Refinery B. C. ~thur survey, A-61 Jefferson County, Texas THENCE North 37 deg. 25 min. 04 sec. West for a distance of 57.75 feet to a RP. spike set for corner; THENCE North 41 deg. 31 min. 09 sec. East for a distance of 20.68 feet to an iron rod set .for corner; THENCE North 48 deg. 31 min. 53 sec. West for a distance of 302.78 feet to an iron rod set for corner; THENCE North 82 deg. 40 min. 08 sec.'West for a distance of 61.70 feet t~.an iron rod set for corner; THENCE No,th 48 deg. 41 min. 29 sec West for a distance of 61.57 feet to a PK nail set for corner; THENCE North 41 deg. 30 min. 27 sec. East for a distance of 593.28 feet to an iron rod set for corner; THENCE North 4s:deg. 19 min. 31 sec. west for a distance o~ 104.90 feet to ~n iron rod set for corner; THENCE North 42 deg. 00 min. 17 sec. East for a distance of 104.00 feet to an iron rod set for corner; THENCE North 46 deg. 19 min. 52 sec. West for a distance of 258.65 feet to an iron rod set for corner; THENCE North 41 deg. 23 min. 58 sec. East for a distance of 219.88 feet.to an iron rod set for corner; THENCE Nor=h 47 deg. 57 min. 45 sec. West for a distance of . '~'. 325.65 feet to an,~on rod set fgr corner;~ THENCE South 39 deg. 14 min. 43 sec. West for a distance of 516.32 feen to an iron rod set for corner; THENCE North 48 deg. 19 min. 43 sec. West for a.distance of 235.66 feet to an iron rod set for corner; THENCE North 41 deg. 23 min. 35 sec. East for a distance of ' 365.96 feet to an iron rod se= for corner; G-28 Page 3 PARCEL "L" (continued) Chevron PADC - Lease Back Property Chevron U~S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 jefferson county, Texas THENCE South 48 deg. 42 min. 00 sec. East for a distance of 135.92 feet to an iron rod set for corner; THENCE North 41 deq. 16 m!n. 21 sec. East for a distance of 259.72 feet to an iron rod set for corner; THENCE South 48 deg. 26 min. 46 sec. East for a distance of !9.62 feet to an iron rod set for corner; THENCE North 41 deg. 16 min. 13 sec. East for a distance of. 91.29 feet.~o an iron rod set for corner; THENCE N~rth 48 deg. 41 m!n. 23 sec. West for a distance of 41.59 feet =o an iron rod set for corner; THENCE North 42 deg. 24 min. 03 sec. East .for a distance of 291.10 feet to an itoh rod set for corner; THENCE South 48 deg. 22 min. 58 sec. East for a distance of 340.99 ~eet t6 an iron rod set forcorner; THENCE South 41 deg. 56 m!n. 47 sec. West for a distance of 88.42 feet to an iron rod set for corner; THENCE South 48 deg. 98 m!n. 37 sec. East for a distance of 470.38 feet to an iron rod set for corner; THENCE South 42 deq. 21 min. 50 sac. West for a distance of 177.24 feet to an iron rod set for corner; deg. 52 m!n. 54 sec. West for a distance of 68.00 THENCE South 62 feet to an ir~n;r~d set for co~ner; THENCE South 41 deg. 57 m!n. 56 sec. West for a distance of feet to an 8" spike set for corner; THENCE South 48 deg. 15 min. 28 sec. East for a distance of 470.03 feet to an iron rod set for corner; THENCE south 41 deg. 12 min. 04 sec. West for a distance of 44.22 feet to an iron rod set for corner; THENCE South 48 deg. 41 min. 07 sec. East for a distance of 533.79 feet to an $" spike set for corner; G-29 ' ~ 'Page 4 ~CEL "L" {contlnu~dit Chevron PADC - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, ,A-61 Jefferson County, Texas THENCE North 60 deg. OS min. 25 sec. East for a distance of 43.42 fee~ to an iron rod set.for corner; THENCE South 48 deg. 42 min. 41 sec. East for a distance of 389.58 feet to the POINT OF BEGINNING and containing 38.502 acres of land, more or less. NOTE: 1) Bearings based on Port ~.rthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Hap Records, Jefferson Count~% Texas. 2)'Drawing included on separate sheet. Mark W. Whiteley, R.P.L.S. NO. G-30 ? , ·" ' G F.b c,~m,a .,.,. May 26, 1994 ~ ~O~.~ p~RCEL "M" Chevron PADC - LeasD Back Property Chevron U.S.A., inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 Jefferson County, Texas BEING a 2.097 acre tract or parcel of land situated in the.E. C. 3~thur Survey, Abstract No. 61, jefferson County, TeXas an~ being out of and a part of the Chevron U.S.A. Port Arthur Refinery property described as 199.$ acres in deed from the Port Arthur Land.Company to J. M. Guffey, dated April 3, 1901 and recorded in volu~ %9, Page 632 of the Deed Records, Jefferson County, Texas and 19.5 acre in deed from Port Arthur Land Company to J. M- Guffey Petroleum Company, dated December 14, 1901 and recorded :~ Volume 55, Page 344 of the Deed Records, Jefferson County, Texas, .said 2.097 acre tract being more particularly described as follows: COM~ENCING at:a Gulf monument found at the intersection of the Southeasterly' right-of-way line of Seventh Street with the Southwesterly right-of-way line of 60 foot wide County Road (known as the Texas Company Docks Road); · THENCE South 41 deg. 13 min. 00 sec. West, aIong and with the Southeasterly right-of-way line of said Seventh Street, for a distance of 1,385.97 feet to a point; THENCE'North 48 deg. 47 min. '00 sec. West, crossing said Seventh Street, for a distance of 84.00 feet to an iron rod set in and existing chainlimk fence line for the POINT OF BEGINNING of the herein described tract; · ' West, along and with said THENCE Sguth.~l'deg- 13 min. 00 sec. chain!ink fence, for a distance of 354.12 feet to an iron rod set for corner at the intersection with the Easterly line of the Kansas City SoTthern 60 foot right-of-way (formerly Southern Pacific interchange track); THENCE North 41 deg. 45 min. 00 sec- West, along and with said Easterly right-of-way line, for a distance of 271.75 feet to an iron rod set for corner; PARCEL "a" (continued) Chevron PADC - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 Jefferson County, Texas THENCE North 40 deg. 53 min. 50 sec. East for a distance of 321.14 feet to an iron rod set for corner; THENCE South 48 deg. 43 min. 17 sec. East for a distance'-of .... 271.50 feet to the POINT OF BEGINNING and containinq 2.097 acres of land, more'or less. NOTE: 1) Bearings based on Port 3n~thur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, . Texas · 13 D_rawing included on separate sheet. · ~ TEL .... ' :,..?-, Mark I4. 14hiteley, R.P-'r'.$- ~'O. 3636. G-32 AZSOCMT S ' Nove~oer 8, 1994 ' ?.0.~0X5492 4091892.0.t21 Che~on p~C - Lease Back Property Che~0n U.S.A., Inc. - Port ~th~ Refine~ B. C. ~hur Su~ey, A-Sl T. & N. O. R.R. Section 121, ~stract G. N. Bliss S~ey No~ 1, ~stract No. 903 Jefferson County, Texas BEING a 65.022 acre tract or parcel of land situated in the B. C. Arthur Survey, Abstract No. 61, the T. & N. O. R.R. Section 121, Abstract No. 250, and the G. N. Bliss Survey No. 1, Abstract No. 903, ~1~ in Jefferson County, Texas and being Out of parts of the Chevr0~ ~;S.A. Port A-~thur Refinery property.des?tiDed as 37.06 acres in deed from the G. N. Bliss to Gulf Refining Co., dated June 1, 1922 and recorded in Volume 222, Page 483, 7.4 acres in deed from Port Arthur Rice Milling Company to Gulf Refining Company, dated Janua.ry 16, 1922 and recorded in Volume 213, Page 269, 0.034 acres (Tract No. 2) in deed from Port Arthur Canal and Dock Company to Gulf Refining Company, dated June 28, 1922 and recorded in Volume 219, Page 76, 0.43 acres in deed from Port Arthur Land Company to Gulf Refining Company, dated June 28, 1922 and recorded in Vol=me 222, Page 328, '16.17 acres in deed from Port Arthur Canal and Dock Company to Gulf Oil Corporation., dated December 3, 1946 and recorded in'Volume 651, Page 74, 2.5 acres in deed from Joe Stewts~ et al to Gulf Refining Company, dated July 13, 1914 and recorded in Volume 145, Page 120, that certain tract called THIRD TRACT in deed~ from H. A. Phillips to Gulf 'Refining Company, dated February 26, 1907 and recorded in Volume 95, Page 499, and that tract of land in deed from the Texas and New Orleans Railroad Company to Gulf Refining Company, dated January 11, 1912 and recorded in Volume 126, Page 194, all in the Deed RecordS, Jefferson County, Texas, said 65.022 acre tract being more particularly described as fo!lo's: COW/~ENCING at a Gulf monument found at the southwesterly corner of'said 0.034 acre (Tract 2) THENCE South 41 deg. !3 min. West a distance of 214.93 feet to a Gulf monument found for POINT OF BEGINNING of ~he herein described tract; G-33 --__ 'page 2 PA CE5 "Ri" (continued) Chevron PA/)C - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 T. & N. O. R.R. Section 121, Ab'stract No. 250 G. N. Bliss Survey No. 1, Abstract No. 903 Jefferson County, Texas THENCE South 25 deg. 48 min. 00 sec. East for a distance of 300.34 feet to an iron rod found for corner; THENCE South !6 deg. 51 min. 40 sec. East for a distance of 230.63 feet to an iron rod found for corner; THENCE South 15 deg. 09 min. 07 sec. West for a distance of 64.27 feet to an iron rod found for corner; T~ENCE. South 20 deg. 23 min. 45 sec. West for a distance of 200.Ul?f~et to an iron rod found for corner; THENCE South 34 deg. 20 min. 04 sec. West for a distance of 201.$9 feet to an iron rod found for corner; T~ENCE South 52 deg~ 34 min. 42 sec. West for a distance of 200.37 feet to an iron rod found for corner; THENCE South 60 deg. 47 min. 55 sec. West for a distance of 199.97 feet to an iron rod found for corner; THENCE South 65 deg. 43 min. 07 sec. West for a distance of 197.89 feet to an iron rod found for corner; THENCE South 80 deg. 41 min. 25.sec. West for a distance of 799.41 feet to a point on a wooden bulkhead; THENCE South 69 deg. 50 min. 25 sec. West for a distance of 199.30 feet to a point on a wooden bulkhead; THENCE South 53 d~. 18 min. 00 ~ec. West.for a distance of 89.26 feet to a poin~ oh %he end of a wooden bulkhead; THENCE North 06 deg. 01 min. 1'8 sec. East, for a distance of 426.17 feet to a fence post at the end of a chalnlink fence; pARCEL "NI" (continued) CheVron pADC - Lease Sack Property ' chevron U.S.A., Inc. - Por~ Arthur Refinery S. c. Arthur Survey, T. & N. O. R.R. Section 121, ~%bstract No. 250 ~. N. Bliss Survey No. 1, Abstract No. 903 Jefferson County, Texas North 11 deg. 21 min. 54 sec. West- 850.96 feet extending past said fence to an iron rod set for corner; THENCE North 48 deg. 03 min. 58 sec. East for a distance of 645.50 feet to an iron rod set for corner; · THENCE North 48 deg. 22 min. 32 sec. East for a distance of 727.~8. feet to an iron rod set for corner; THENCE ~orth 88 deg. 09 min. 10 sec. East for a distance of 30.74 feet to an iron rod set for corner; THENCE North 41 deg; 26 min..15 sec. East for a distance of 143.08 feet to an i:ron rod set for corner; THENCE South 48 deg. 27 min. 06 sec. East for a distance of 42.47 feet to a mark set in concrete at the Southeasterly face of a concrete block .at a flood protection gate; THENCE North 42 deg. 24 min. 08 sec.~East for a distance of 14.99 feet to a nail set in concrete for. corner; THENCE North 49 deg.. 01 min. 24 sec. West for a distance of 12.1~ fee= to a nail set for corner; : THENCE North 40 deg. 38 min. 08 sec. East'f°r a distance of 132.0~ fee= to an "X" set in the Westerly line of the Kansas City Southern Railroad, in concrete for corner; THENCE $oNth 41 ~e~ 40 min. 36 sec. West, along and with the West line of Kansas City Southern Railroad right-of-way line, for a distance of 632.07 feet to an an iron rod set in said West right-of-way !ine for corner; THENCE South 41 deg. 14 min. 12 sec. West for a distance of 426.30 feet to an iron rod set for corner; " ,' G-35 Page 4 ~_~CEL "lq'l'~ (continued) Chevron pADC - Lease Back Property C~evaron U.$.A., Inc. - Port Arthur Refinery B. C. A~thur Survey, A-61 T. & N. O. R.R. Section 121; Abstract No. 250 G. N. Bliss Survey No. 1, Abstract No. 903 Jefferson County, Texas THF_NCE South 42 deg. 45 min. 17 sec. East for a distance of 358.89 feet to an iron rod set for corner; THENCE North 41 deg. 13 min. O0 sec. East for'a distance of 190.72 feet to the POINT OF BEGIN-RiNG and containin~ 65.022 acres of !and, more or less. ., NOTE: 1) Bearings based on Port A~thur Land Co. Subdivision ~s recorded in Volume 1, Page 24 of the ~ap Records, Jefferson County~ Texas. '~) ~Drawing includea on separate sheet. G-36 -" L~CORPORATED CONSULT[N3 ENGfNEF~S. SUR~Op~: AND pLANNF..~S November 2, 1994 P.O. BOX&4$2 BEAUMONT, TEXAS 409 /8~2-0421 Chevron Chemicel ;acilit¥ - ~.ease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 Jefferson County, Texas BEING a 0.109 acre tract or parcel of land sitUated in the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out of and a part of the Chevron U.S.A. Port Arthur Refinery. property described as Tract No.2 containing 23.8 acres in deed from J. M. Guffey to Gulf Refining Co., dated February 7, 1902 and rec6rded in Volume 57, Page 166 of the Deed Records, Jefferson:County, Texas, said 0.109 acre tract being more particularly described as follows: CON/~ENCING at a Gulf monument found at the intersection of the Southeasterly right-of-way line of Seventh Street with the' Southwesterly right-of-way line of 60 foot wide County Road (known as the Texas Company Docks Road); THENCE South 41 deg. 13 min. 00 sec. West, along and with the ~outheasterly right-ofTway line of said Seventh Street, for a distance of 1,385.97 feet to a point; THENCE North 48 deg. 47 min. 00 sec...West, crossing said Seventh Street, for a distance 6f S4.00 feet to an iron rod found in and existing'chainlink fence; THENCE South 41 deg. 13 min. 00 sec. West, along and with said chainlink fence, for a distance of 354.12 feet to an iron rod found for corner at the intersection with the Easterly.line of the Kansas city Southern 60 foot right-of-way (formerly SoUthern Pacific interchange:track); THENCE North 41 deg. 45 min. 00 sec. West, along and with said Easterly right-of-way line, for a distance of 2217.15 feet to a point for corner; G~37 Page 2 PARCZL "0" (continued) Chevron Chemical Facility - Lease Back Property Che%Ton U.$-A., Inc. - Port Arthur Refinery B. C. 3--~thur Survey, A-61 Jefferson county, Texas THENCE South 58 deg. 48 min. 18 sec. West for a distance of 160.47 feet to a 4" guard post for the POINT OF BEGINNING of the herein described tract; THENCE continuing South 58 deg. 48 min. 18 sec. West for a distance of 65.$8 feet to a 4" guard post for corner; THENCE North 29 deg. 35 min. 09 sec. West for a distance of 73.63. feet to~ a 4" guard post for corner; THENCE No~h 59 deg. 35 min. 58 sec. East for a distance· of 64.38 feet to a 4" guard post for corner; T~ENCE South 30'deg. 45 min. 09 sec. East for a ~istance of 72.71 feet to the POINT OF BEGINNING and containing 0.109 'acres of land, more or less. NOTE: 1) Bearings based On Port Arthur Land Co. Subdiwision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2) Drawing'included on separate sheet. Mark/ G-38 ?