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HomeMy WebLinkAbout(01) 13114: PREMCORINTER MEMO 6mci To: Mayor, City Council & City Manager From: Mark T. Sokolow, City Attorney ~ ~' Subject: P. R. No. 13114 Council, Meeting May 24, 2005 Date: May 20, 2005 Attached is P.R. No. 13114 approving an industrial district agreement with the Premcor Refining Group, Inc. and with Port Arthur Coker Company for the Refinery Rate Expansion Project and the De-Coker Expansion. 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: R~FINE~Y FEED RAT~ EXPAI~SION PROJECT SCH~DUL~ A For the portion of the value of Eligible Properties provided by Direct Hire of Local Labor: YEAR OF A~ATEXENT p~T,I~INARY ABAT~EI~T pE~CENTA~ (PAP) 1st Year 2005 100% 2nd Year 2006 100% 3rd Year 2007 35% 4tn Year 2008 55% 5tn Year 2009 75% 6tn Year 2010 80% 7tn Year 2011 90% Z. prl3114, memo For the portion of the value of Eligible Properties provided by Local Subcontractors: YEAR OF ABATEMENT p~?.~Mi~_a~y ~R&TEM~NT pEI~CENTAGE (PAP) 1st Year 2005 100% 2nd Year 2006 100% 3rd Year 2007 35% 4th Year 2008 40% 5th Year 2009 60% 6th Year 2010 80% 7th Year 2011 85% 8th year 2012 90% 9th Year 2013 95% l0th Year 2014 100% 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 & F~VES z,pr13114.memo P.R. No. 13114 05/19/05 ts RESOLUTION NO. A RESOLUTION APPROVING AN INDUSTRIAL DISTRICT AGREEMENT WITH THE PREMCOR REFINING GROUP AND WITH THE PORT ARTHUR COKER COMPANY, L.P. FOR THE REFINERY FEED RATE EXPANSION PROJECT AND DE-COKER EXPANSION (2005-2014) WHEREAS, the City Council deems it appropriate to enter into an industrial district agreement with the Premcor Refining Group, Inc., and with the Port Arthur Coker Company, L.P., for the Refinery Feed Rate Expansion Project and De- Coker Expansion. ~ N~W, 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., and the Port Arthur Coker Company, L.P. for the Refinery Feed Rate Expansion Project and the De-Coker Expansion, for the years 2005-2014, in substantially the same form as attached hereto as Exhibit ~A", 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%'ED 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 AGREF/~ENT WITH REGARD TO THE PREMCOR REFINING GROUP INC.' S AND PORT ARTHUR COKER COMPANY L.P.' S PORT ARTHUR REFINERY FEED RATE EXPANSION PROJECT AND DECORER EXPANSION (2005-2014) WHEREAS, 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"), Port Arthur Coker Company L.P. (hereinafter referred to as "PACC"),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 Oil 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" payment 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 Mo. 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 ~ negotiated "in lieu of tax" payment thereafter. (4) 2003 Industrial Agreement with The Premcor Refining Group Inc. for the Premcor (Hydrotreater) Refinery Expansion (50,000 BPSD 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. W~EREAS, 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 Soiutions, 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, and the City of Port Arthur are also entering into an Industrial District Agreement for a Tier II Diesel Project for the years of 2005 through 2009; and WHEREAS, Premcor and Port Arthur Coker Company L.P. (hereafter referred to as "PACC" and sometimes hereafter referred to collectively with Premcor as "the Companies") plan a major refinery expansion project and other improvements on a portion of the tract that is owned by Premcor; and WHEREAS, the Companies desire to enter into another "in lieu of tax" agreement ("Agreement") with the City with regards to a new refinery feed rate expansion project being undertaken by P~emcor and PACC; and WHEREAS, Premcor still owns the property described in Attachment "A"; and WHEREAS, the Companies plan to make a capital upgrade in the timetables and costs as estimated in Attachment "B" and on the land described in Attachment "C"; and WHEREAS, the Companies are a businesses that presently produce the products described in Attachment "D" on the tract; and WHEREAS, the Companies or their assignees presently have 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 Companies 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 ~ such Agreement; and WHEREAS, the City and the Companies 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 Companies agree that there has been full and adequate consideration for this Agreement; and WHEREAS, the Companies have previously obtained tax abatements on the projects from Jefferson County, as described in Attachment "F-i" and"F-2" for the projects described in Attachment "B" and therefore, agree that these projects constitute a major capital upgrade or expansion for which the Companies are 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 here~n is beneficial to each party. NOW, THEREFORE, in consideration of the promises and the mutual agreements of the parties contained herein, ~he city and the Companies agree with each other as follows: Section 1-Payments by the Companies (a) For the years 2005 through 2014, the Companies shall pay to the City amounts equal to seventy-five percent (75%) of the amount of taxes that the Companies would have paid to the City with respect to the projects described in Attachment "B" as if they had been constructed within the City's corporate limits and had the City entered into a property tax abatement agreement with the Companies with substantially the same terms and conditions (with the exceptions thereof as noted in Section l(b)) as those contained in that certain "Premcor Refining Group Inc. Tax Abatement Agreement for Property Located in the Premcor Reinvestment Zone" and that certain "Port Arthur Coker Company L.P. Refinery Expansion Project Tax Abatement Agreement for Property Located in the Premcor Reinvestment Zone", which were executed on November 30, 2004 by and between Jefferson County, Texas, Premcor, and PACC (hereinafter referred to as "the County Abatement Agreements"), copies of which are attached hereto as Attachments "~£1" and "F-2". 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 Companies in the same financial position as the Companies would have been in had the Companies been taxpayers of the City for the years 2005 through 2014 but were obligated to pay only seventy- five percent (75% of their taxes, and had the City granted a similar property tax abatement, with the exceptions as noted in Section l(b) for the projects described in Attachment "B" as was granted by Jefferson County under the County Abatement Agreements as denoted in Attachments "F-i" and "F-2". 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 Agreements, 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 2014. (b) The City of Port Arthur is entering into this agreement with the expectations that the Companies 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. The Companies will post job openings with the Texas Workforce in Port Arthur. The Companies will also request that their 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 ~redit any monies previously paid by the Companies 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 the Companies, 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 Companies' facilities located in the City's extraterritorial jurisdiction. Nevertheless, the companies 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 Companies 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 C~ty. The Companies shall employ or provide sufficient primary fire suppression response, as well as control and abate chemical releases. The Companies 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 Companies will pay to the City the costs and expenses incurred by the City and any of its departments. Section 3. The Companies 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 authority 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, 2014 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 Companies will not be required to make further payments under this Agreement for any calendar year cormmencing 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 Companies 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 described in Attachment ~'Ct' to this Agreement. In case the property described in Attachment "C" is annexed prior to December 31, 2014, the City will remit to the Companies 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, 2014. If the annexation laws are changed so that the City can no longer annex the property of the Companies and if the parties cannot reach an agreement on a new payment schedule or on a new "in lieu of tax" agreement, the Companies agree that they will continue to pay to the City the "in lieu of tax'' payments delineated in Section 1 until December 31, 2014 and they will thereafter continue to annually pay the City an "in lieu of tax" payment of seventy-five percent (75%) of their taxable value times the~City's tax rate for so long as they or their assignees and successors or affiliates own the 12 property as described in Attachments "A" and "C". Payments will be due on October 15~h of each year. Pursuant to Sections 42.044 and 212.172 Local Government Code, the Companies agree and consent that the City has the option in the City's sole discretion to extend this contract and that the Companies 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 yea~s 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 Companies 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, 2014 to annex the property in Attachments "A" and "C" or to enter into negotiations on the payment by [he Companies of additional "in lieu of tax" payments. Section 7. The present owners and lessees of the property in Attachment "C" are described in Attachment 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 Companies 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, 2014 for the Companies' 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 Companies, and they have had a reasonable opportunity to respond and to address the City Council in ope~ 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, 2014, the matter may, at the request of any 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 Companies 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 Companies 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 Companies for work at the facility that is located or will be located on the land described in Attachments "A" and "C". The Companies shall use their 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. The Companies shall also give Port Arthur companies a fair opportunity to sell goods and services to the Companies. With respect to the capital expansion contemplated in Attachment "B", and for major new capital expansions on the land described in Attachment "C", the Companies 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 Companies 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. All 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 Companies shall also be receptive and responsive to SBE/MWBE projects and programs of the City. Section 11. The Companies shall have the right to assign, transfer or convey all, or any part of, their rights, title and interest in this Agreement to any of their subsidiaries or Premcor affiliates or PACC 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, and with "PACC affiliate" meaning any entity that owns directly or indirectly 50% or more of PACC, or in which PACC 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. The Companies shall be financially responsible for the "in lieu of tax" payments for which their subsidiaries or affiliates may become responsible under this secfion of the Agreement. If the Companies desire to sever their relationship to the subsidiary or 17 affiliate, they must seek the consent of the City, which will not be unreasonably withheld, if they no longer desire to remain financially responsible for the subsidiary's or affiliate's "in lieu of tax" payments. The Companies shall have the right to assign, transfer or convey all, or any part of, their rights, title and interest in this Agreement to any person other than one of their subsidiaries or affiliates 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, provided, however, that the Companies shall provide written 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 Companies desire to make an assignment to any person other than a subsidiary or affiliate, they 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 Companies shai1 be relieved of their obligations under this Agreement to the extent that an assignee expressly assumes the Companies' 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 Companies agree to act in good faith to negotiate reasonable incentive programs with the Companies as such new projects are contemplated. This includes major new capital expansions that 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 Companies expect 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 Companies seek 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 Companies, then the Companies 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 Companies and the City have the right to seek equitable relief, including specific performance of this Agreement. Section 15. The Companies 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 Companies' 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 Companies and in accordance with industry safety standards. Section 16. The Companies shall certify the commencement and completion date of the contemplated improvements d~scribed in Attachment "B" herein. Additionally, the Companies shall use their best efforts to 2o 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 Companies describing the status of construction of the contemplated improvements, percentage of construction completed, construction schedule and the Companies' estimate of cost or taxable value of constructed improvements on the date of the statement; and (2) Statement by the Companies 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 Companies' compliance with the terms and conditions of this Agreement, provided that the Companies shall not be required to furnish any information, documents, or records which a reasonably prudent company under the same or simit~r circumstances would consider to be harmful to its business operations. 2! Nevertheless, at the request of the City, the Companies will produce to the City any information as to their performance and hiring programs that has been made available to Jefferson County under the Tax Abatement Agreements attached as Exhibits "F-i" and "F-2". The Companies' statements described above shall be verified by the Companies' project managers or other appropriate representatives. Section 17. The Companies agree to annually furnish information necessary for the City to evaluate the Companies' compliance with the terms and conditions of this Agreement. The Companies further agree that on or before March 1st of each year of this Agreement, the Companies shall provide the City an annual report/statement of compliance with this Agreement. Section 18. The Companies have been and are in the process of building the improvements described in Attachment "C". Currently, the Companies spend 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 th~ training of Port Arthur residents for permanent jobs in the Port Arthur area. The Companies 22 affirm their intention to continue their participation in the Port Arthur Industrial Group during the life of this Agreement (2005-2014) in order to continue the Companies' 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 Companies further hereby agree 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 Companies further hereby agree to request and encourage their 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 Companies have 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 23 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 Companies' records and hiring practices in accordance with Section 16 as to verify whether the Companies have 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 Companies of any of the terms or conditions of this Agreement, the City shall give the Companies 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 Companies 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. 24 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 that 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 for herein or available at law or in equity. Section 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Jefferson County, Texas. 25 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 evidenced by one counterpart. Section 27. By acceptance of this Agreement and/or benefits conferred hereunder, the Companies represent and warrant that their undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind the Companies 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 COMPANIES: 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 Refinery Manager PORT ARTHUR COKER COMPANY L.P. 1801 South Gulfway Dive Port Arthur, Texas 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 REFINING 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, 2014, unless extended by the City of Port Arthur, as delineated in Section 5. 27 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 28 SIGNED AND AGREED to on the day of , 2005. PORT ARTHUR COKER COMPANY L.P. BY: Don Kuenzli Refinery Manager ACKI~OWLEDGMENT 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 Port Arthur Coker Company L.P. 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 SIGNED ~ AGREED to on the day of , 2005. CITY OF PORT ARTHUR, TEXAS BY: City 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 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 Premcor "B" Description of projects and timetables "C" Diagram of facility and proposed project sites "D" Products presently produced by the Company "E" Existing values of land, equipment and units "F" Description of abatements granted by Jefferson County on the projects: "F-i" November 2004 Jefferson County Tax Abatement Agreement with The Premcor Refining Group Inc. "F-2" November 2004 Jefferson County Tax Abatement Agreement with Port Arthur Coker Company L.P. "G" Description of owners of property ATTACHMENT "A" Area of land owned by Premcor (See attached legal description and schematics) December 14, 19~4 Chevron U.S.A., Inc. - Port Arthur Refinery ~efferson County, Texas Being a 34.475 acre tract or parcel of land situated in 1:be B.C. Arthur Survey, N0.227 and in Range 1, Block Num]3er 2 anc~ l~anga'Q, Blook N~er ~o (2), Jefferson county, Texas amd ~ing ou~ 0f a 49.57 acre ~rac~ or parcel of ~a~d de=~lbe~ in deed from Joe ste~, W~ll S~e~s, ~s. Ori~lla Dupont, and her husban~ J0~ ~pont, an~ David E. O'Fiel to Gulf Refining Company, da~ed July 3, 1~14, recorda~ ~n Vol~e ~58, Page 112, Deed Records, Jefferson cowry, Texas, eai~ 34.47~ acre tra== being more pa~i~larly desor~ as follows= COerCING at Gulf monument fo~d for the sou=hwes~ =~rner of a 0.034 acre tract as deeoribed in Vol~e 219, Page 76. of the Deed Records, Jefferso~ Coup=7, Texas~ TH~CE North 41'13~45' Eas~ for a dis=ance of 1939.S5 feet ~o a fo~d Gulf no~ent in =he wes~ line of a ~ixt7 (60) foot county roadway ~ fo~d Gulf monumen~ in ~e sou~h line of Wast Seven~ street; lro~ rod set for =he POI~ OF BEGInnING of the herein described % for corner ~ THROE North 41e16'3~" Eas~, a dista~Ca of 1469.5~ f~e~ to ~ point for. corner~ for corner ~ THENCE ~[or=h 41.16'41?.Ess=, a d~s:ance of 56S.S~ zest ~" n ..... -. for corner la th~ westerly right-of;way line of State High'~ay T~C~ 1 Page i of 2 ~pur 214f THENCE North 51'30'58" WsS~, a distance of 53.36 feet. ~o a po~ for corner in the wes.terly right-of-way line of State ~i~hway Sp~ 214; TH~CB South 41'17'24" Wes=, along an~ wi=h the southerl~ r~ght- of-way line of county roadway a dis=shoe of 2132.54 feet to the POINT OF BEGI~ING and containing 34.47S acres o~ land, more less. Notes: 1) Bearings Based on Port Arthur Land Co. subdivision as recorded in Volume 1, Page 24 of the Map R~corCts, Jefferson County, Texas. 2) Drawing included on seperate sheet. Chevron U.S.A., Inc.- Port Arthur Refinery Jeffereon County, Texas Being a 40.410 acre tract or parcel of lend s£~uated in the S.C. Arthur Survey, No.227, and being part of Blocks Two ancl Three & 3) Range P, and Block Two (2) Range Q, Jefferson Coun~-y~ Tpxas and being out of a 44.S8 acre tract or ~arcel of land in deed from Holland Texas ~o=heek Ba~ to Gul~ Company, date~ Nove~er 11, 1~15,.rec~r~e~ in Volume 151, 627, Deed Records, Jefferson county( Texas~ said 40.410 acre tract ~ing ~ore p~ticularly descr~be~ as follows: CO~CING at Gulf montest found for the southwest cor~er 0f a 0.034 acre tract as ~es~ribe~ in Vol~e 219, Page ?6, o~ the Deed Records, Jefferson Cowry, Texasl TH~CE North 41'13'45" East for a ~istance of 1939.55 feet fo~ Gulf monument in the west line of a sixty (60) fcc= =oadwayl TH~CE North 48~42'~6~ West for a distance of 928.]5 fee= t0 fo~d Gulf mon~ant In the south line of West Seventh ~CE North 41'24'00" East for a distance of 2301.30 feet ~oint for corner ; said point al;o being the northwest corner the 34,475 acre ~ract described as Tract 1; THENCE North 04,37'19" Eas~ for m dimtance of 231,49 feet iron rod se~ for the POINT OF BEGINNING of the herein described tract; T~ENCE North 02"02'37'' WeSt, along and wi~ the southerly right-- of-way of a sixty (60) foot.roadway, for a distance of 2655.73 feet to a point for corner [n the westerly right-of-waY lin~ S%mte Highway Spur 214; THENCE South 48"42'36'' East, along and with the westerly of-way lane of State. ~ighway Spur'214; for a distance of 1 fee= to a point f0r~,corner in the wa;terlY right-of-waY lin~ State Highway Spur 214; T~CT 2 Page 1 of ~ of-way 1ina of county roadwaY; f.or.a u~s=an_cs or a~..;_~ ~0re ~he P~INT OF BEGINNING and con2ainlng 40.41o ac=es o~ ~ , or less. No=es= 1) Bearings Based on Por~ Arthu= Land Co. Subdivision recorded in Volume 1, page 24 of the Map R~co=ds, Jefferson County, Texas. 2) Drawing included on sepera=e shes=. Mark W. Whiteley, TRACT 2 page 2 of 2 December 14, 1994 TR/%CT 3 Chevron U.S.A., Znc:. - Port Arthur Refinery Jefferson County, Texas Being a 554.093 acre tract or parcel of land situate~ in the Arthur Survey, No.227 and in Ranges P and O, Blocks 2, 3, afl~ 4 ..... ~ov,s and being a trac~ or pares1 (2,3 & 4), Jezzerso. n uouncy, of land described zn deed from port Arthur Lanc~ Company =o i in Corn an , datsd November ].1, L91_], .reoo_rd.e.?_in,V,~l~o recor~e~ · ...... ~ .... ibed in dee= zrom ~ Texas, and a tract or parcel cz ~anu ~-~ dated January 11, ~ Land Company to Gulf Refining Company, 1902, r8oor~ed in Volume 56, pa~e 160, Deed Re=orals, County, Texas, said 554.093 a=re tract being more described as follows: CO~ENCIN~ at a Gulf monument found for the southwest corner of 0.034 acre tract as dm~cribm~ in vol,~e 219, Page ~6 of the Deed Records, Jefferson County, TexaS; TH~;CE North 37029'18" West for a distance of 1009.73 to a for corner; said point also being %ha POINT OF BEG!h~ING o~ the herein described tract; THENCE North 41.40'36" West along aha w~h =he sasterly !in~ Kansas City Southern railroad right-of-waY; for a distance 0: 3988.29 feet to a point for corner; ~ENCE North 10~25'06' Was= for a distanc~ of 95.~5 fee~ ~0 ~ point for corner; TH~CE North 06"46']~" Wss= for a distance of 46.7] f~a~ tc ~ poin~ for corner for ~h~ beginning of a ~g~ve to %h~ ' ~ ' T~CT ~ THENCE continuing along and with right-of-way line of Highway 87, in a northerly direction along said curv$ ~=o the Right having a Radius of 7S8.52 feet, a C~n~ral Angle of 50~37,47", a chord which bears South 11~54'24" Wes~ 657.23 feet, for an ~c length of 679.11 ~eet =o a po~n~ for co=net ~n the sou~ right-of l~ne of S~ate Highway 875 THENCE North 37~14'24" East, along and with ~he south =igh~-0f- ~ay ~ne of S~a~e Highway 87; for a distance of 2662.9~ fee~ to a point ~or corner in ~e south right-of way line 0f S~a=e Highway TH~CE Nor~ 38~17'24" East, along and wi~h ~he sou~h =ight-0f- way line of State Highway 87; for a dis=ante of 229.19 fee~0. point for corner in =he south right-of-waY line of S~a=e Highway ~CE South 49e46'15" East, along and wi~h ~e south way line of State Highway 87~ for a d~stance of 60.01 fee= t0 a point for corner in ~e ~outh ri~ht-of-way line of state Highway THENCB North 38"17'24" East, along and with the sou~ 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; T~ENCE South 51"42'36" Ems=, along and with the south right-of- way line of S~ate Highway ~7; for a distance of 13.99 f~et t0 point for corner in the south right-of-WaY line of state Highway THENCE North 38~17'2~" Eaat, along and with the south righ:-0f- way llne of S~ate ~ighway 87; for s ~lm~ance of 17~.65 feet to point for cornmr in the south right-of-way line of State 87 and =he west right-of-way lane of State Highway Spuc THENCE North 60'27'30" East, for a distance of 109.17 fe~t t0 a point ~or corner; li~e of S=ate Highway Spur ~14~ for a distance of ~4S~. 13 f~t a point for corner; of-way line of an 80 foot Texaco pipeline Riga~-of-Way7 for a distance 2965.02 feet to a point for corner in the north of-way lihe of West'Seventh street; TRACT 3 page 2 of 3 THENCE South 41'17'24" West, along a~d with the north right-of- way line of west Seventh Street; for a distance of 218.OO feet a point for corner in the north right-of-waY line of Wes= S~venth street; THENCE South 48o42'36" East, along and wi~h the north right-of- way line of Wast Seventh street; for a distance of 66.00 fa,~ =o a point for oorner; THENCE North 41'17'24" East, along and with the north right-of- way line of West Seventh Street and the nor~ llne of T~'ac~c 4; fo= s distance of 3787.05 feet to the Point 0f Begi~nimg and containing 554.093 Acres, more or lass. Notes: 1) Bearings Based on port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Taxes. '- 2) Drawing included on separate sheet. TRACT 3 Page 3 of 3 December 14, 1994 TP. ACT 4 Chevron U.S.&., Znc. - Port Arthur Ref~narY ~effer~on Co~y, Texas a 40.511 a~e ~act or parcel of land described eed from Por~ At.ur ~d Company =0 ion date~ Nov~er 9, 1937, ~eoorded C0~CING a= a Gulf mon~en= found for the 0.0~4 aore traot as de~=r~bed ~n Vol~e 219, Page Records, Jefferso~ Co~tY, THENCE North 41~13'00" East, for a ~istance of 110.9] ~CE continuing in a northerly dir~otion ~long ~igh= having a Radius of 714.50 fe~, a Cereal len~h o~ 1~0.10 fe~t to a point for for corner~ THENCE South ¢8*42'35" East, a distance of 9SS.35 feat =o a p0in~= for corner; THENCE South 41.13'45" West, a dis~anc~ of 1828. ~2 POINT OF BEGINNING and containing 40. 502 acres of land, ~ess. Notes: ~) Bearings Base~ on port. Arthur ~n~ Co. Subdivision recorded in Volume 1, Page 24 of the Map Records, Jefferson Co~=y, Texas. 2) Drawing included on seperate shee~- Mark W. ~i=eley, R.P.L.S. No. ' ' · TRACT 4 Pa~s 2 of ~ . AND PLtNNERS · S.O. BOX_~9S .... December 14, 1994 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas 103. 224 acre tract or parcel of land out of and part of Being a ......... ~ ~ mend described by De~ dated 1- - ordad in Volume 126 Page 194, Deea Reoorus, ~1 1~ rec_ ___~_~ ~- .~ Texas New orleans Railroad C~._ of Gulf Refining Co., also the= 16.17 dated 12-3-4~ recorded in Vol~e 651 Page 74, Deed Records, Jefferson coun=y, executed by Por~ At,ur C~al and Doc~ C0. favor of Gulf 0il co., also the= 37.06 acres described by date~ 6-1-22 recorde~ In Vol~e 222 Page 483, Deed Records, Jefferson Coun=y, execu=ed by G. N. Bliss in favor of GUlf in Deed Refining Co., a~so ~= .... . =- ...... -~ Dee~ datea 6-28-22 recorded in Vol~e ~ =~_i~'~--~ ~, in favor Gulf Refining Co., also =nar ~.~v 7-1)-14 recorded in Vol~- 1~5 Pa~, 1-16-22 recorded in Volume 213 Page Court=y, executed ~y Port ~thur Rice Milling Co. tn favor 0i Refining Co., also that cer=ain 0.43 acre ~ultclatm Deed datsd 28-22 recorded in vol~e 222 Page 328, Deed Records, Co~y, executed by The Trustees of =~e Por~ Arthur Land co. favor of Gulf Refining Co., also the= certain TraC~ ~own a~ Trac= 3 as d~scrtbed tn Volum~ ~5 Paqe 49~, Deed Jefferson Coun=y~ also the= certain 45.80 acre as described Deed da~ed 2-7-02 recorded in Volume 57 Page 166, Deed Jefferson County, executed by J. ~- Guffey ~e=roleUm co. in (avOr of Gulf Refining Co., also out of and part of =hat 70. O0 acre tract or parcel as described by Deed dated 1-11-02 re=ordeal in Vol~e 56 Page 160, Deed Records, Jefferson county, al~o 0u~ and part of that c~tain 19.50 acre tract as described by dated 12-14-01 recorded in Volume 55 Page 344, Deed Records. Jefferson County, executed by the True=ecs for the po=~ Arthur Land Co. ~n favor of J. M. Guffey patrole'~ Co., also =hat c~rtain 1.11 acre tract described as ,~5ECOND T~CT" in that certain Deed dated 2-26-07 recorded in V0!~e 95 Page 499, -. ..... ~ hv H. A. PhilliPS in fawr Records, Jefferson C0un~, ,~ ~ ~-~ m~re ~rt Gulf Refining Co.,,.~aid 103,244 a~ ~-~ described as follows: BEGINNING at a Gulf 0il monument found for the southwsS= comer of said 0.0~4 acrs tract; THENCE North 41013'00" East, a distance of 30.39 fe~t to a for corner in the Southsrly Right-of-Way lins of the Kansas Southsrn Railroad; T~ENCE, a curve to ~hs Right, along said Southerly line, from whose the chord bears North 48e28'13" West, a distance of 138.90 fee=, along the cu~e concave ~0 the nor=heaEC, a radius of 794.50 feeC and a central angle of ~CE North 41~40'36" West, a distance o~ 4754 .eT feeC =o a point for =he intersection of ~aid Southerly Right-of-WaY and the Easterly Right-of-Way li~e of State Highway 87 $ '. THENCE Sou~ 10~25'06" East, along said Highway line, a distance of 277.39 fee= to a point for corner ~n the Northerly Ba~ of the ~rning Basin~ ~NCE Sou~h 72~55'22" East, along ~he North s~de of said Basin, a distance of 42.98 re%=, to a point on th~ Headwall for corner; THENCS Sou~ 65~29'15~ Eas=~ a distance of 95.85 fee~, =o a on the ex~sting Headwall ~or cornsr; THENCE So~h 59~07'5~" Eas~, a distance of 44.54 fe~=, ~o a on ~he existing Haadwall for THerE Sou~h 77~1~'26" East, a distan=~ of 25.61 f~, to a on the existing Headwall for corner~ ~CE South 42~21'32" East, a distano~ of 31~.57 f~et~ to a ~oin= on the existing Haadwall for corner~ THerE South 59~44'46" We~, a distance of ~0.68 ~e~t, =~ aP on the existing Headwall for corner; ~ENCE Sou~h 29~36~07'' East, a ~is~anc~ of 849 .3~ fe~=, t~ a point on ~e existimg Headwall for corner; THENCE South 23'47'44" East, a distance of 1208.02 f~t, t0 a point on the existing ~eadwall for corner; ~ENCE South 48'53'15" East, a distance c~ S50.9! ~ point on the sxisting Headwall for corner; on the existing Head,all for corner; TRACT 5 page 2 of 4 rod found for corner; THENCE South 02'16'15" West, a distance of 30.72 f~at 1~o an iroxn rod found for corner; ~KNCE S°u~ 42'06'26" West, a ~istanoe of 273.8~ feet ~o an irom rod found for corner; THENCE So~ 48'40'11# W~, a dimtance of 850.45 fee= ~o an iro~ rod found for corner; ~CE South 37"13'59" West, a distance of 58.96 f~et =o an ir~n rod found for corner; TH~CE South 09'12'18" East a distance of 809.79 feat t~'a~ iron rod found for corner; TH~CE south 10'27'44" East a distance of 246.66 f8et =o an iro~ rod fo~d for corner; THENCE Sou~ 11,47'42" East, a distance of 273.53 feet to a~ iro~ rod found for corner; THENCE North 54"48'49# East, a distance of 88.17 feet =o an iron r~ fo~d for corner; THENCE North 69~06'30'' East, a distance of 199.73 fee~ ~o an iro~ rod fo~d ~or corner; T~ENCE North 80~47'47~' East, a distance of 166.13 ~set ~o an iro~ ro~ fo~d for corner; TH~CE North 80"39'45~ ~a~t, a distence of 633.29 feet ~o a~ [r=.~ rod found for corner; r~ found for corner; rod ~ound for corner; rod found for corner; T~CE North 34~20'04" East, a distance of 201.89 f~= =o a~ rod found for cornar; rod found for corner; T~CT 5 Page 3 of 4 T~ENCE North 14.08'03'* East, a d/stance of 43.15 feet: tO an ro~ found for corner; THENCE Nor~ 16~51,40" West, a distance of 230.6~ feet ~o rod fo~d for corner~ ~CE Nor~ 25'48~00" West, a distance of 300.34 feet ~o an r~ fo~ for corner~ TH~CE North 41~1~'00" East, a distance of 214.~3 fee~ POINT OF BEGI~ING. Containing 103.224 Acres, more 0r less. No~e~= 1) Searings ~ased on Port ~ur ~nd Co. subdivision recorded in Vol~e 1, page 24 of the Map Jefferson County, Texas. 2) Drawing included on separate sheet. Mark W. Whiteley, R.P.L.$. No. ~3~ TRACT 5 page 4 of 4 267, ~ed bcoF~, ~efferson ~ty~- ~e~ favor of Gulf Oil Cc., else ~C ~n 27.~0 ici deicr~d ~ ~ da~d 6-]1-L3 r~ ~ Volta 13~ pmge 44, Deed RicerS, ~effe~lo~ Co~ty, al~ ~i~ c~ta~ 40 of ~a~ M~g ~ore ~l~ly de~LMd il Cul~ Ref~n~n~ Co., also ~aC ~?S.09 aores as da2ed 10-30-~5 recorded ~n Volta ~53 Page ~, ~ R~ordl, Jeff~mon ~ty, eXe~t~ ~ ~e ~i Co. ~n favor of GUlf Refining Co., also p~ Or ~at 1,X7 a~e ~a~ deicr~d dated 3-29-1S ro~orded ~ Vol~e 149 Page 19, Jeff~son ~ty, ~e~t~ by ~e ~tees of ~nd ~. ~n favor o~ ~l~ ~f~g Co., 8a~d 37~.7X9 ~c~G it a ~ulf Oil aon~nt fo~ for ~e southwom~ cor~r ~CE North 01015'31" Welt, a ~sta~e o~ 8630.63 ritz of =ho South~n PAcI~Xc ~lr~d ~d S~r 214 ~or ~e ~ 0~ BEGI~ING; 214; for corer ~n ~e ~g of a cu~ ~ng~ to ~C~ No~ tot corn~; ~CE fo~ cor~; 'A~C~ ~o~ co~; ~C~ ~CE 8ou~ 66'14'21 tot cor~ec; ~CE Sout~ 5g'5('40" ~C~ Sou~ 4804B'06 ~0~ for ~ Sou~h 01'46'0~ for ~er; T~I'CB Bcuth G1'$8'$0" Va·t, a diet:enos et' 541.2~ ~aeC ~o a p0L~t ~oz- I'NE)ICB South Ge*4$'XG" Naif, · clLItance o~ 2~5.50 feet: ~o ~or co~ ~ ~e Mo~erly ~t~-~ay l~e or ~t ~u~erfl ~gi~lng of a cu~o t~ent to aaad line; ~CE .ou~nC~ly ~ aoutherl~ a dle~an~ of 1381.0o ~ t t0 i ~nt for ~rnar along ~e ~l c~ve ~ ~e ~u~womt, haying ~ r~d~us of ~945.36 flo~ and I ~n~al ~gle of 40'40'26~; of ~131.47 f~t to a ~t for ~ ~ I ~ of ~p ~e concave to ~e .ou~us~ ~v~ a =ad~ o~ 868.53 ~eet ~i HoF~ 27'08'55' hat 303.85 fee~, na~d r~ also ~g ~o intersection of ·aid No~erly line and ~e Westerly Right- cf-Way line ~he Sou~ern PicLfAc ~C~ no~orly ~ no~iast~Z~ along fe~d c~e, a d~m~ance of 305.42 feet to a point for corfler; ~CE ~0~ 37'14'24" Bu~, along ud v~% .s~d Sou~ern Pack,lc ~lroad, ~ distance of 5029.71 goe~ to ~o ~ OF Containing 371,719 A==os~ ~O=e O= loll. BLarings Baaed on ~r~ a-~ur La~d Co. Su~ivimion a3 record~ in Vol~e 1, Page 24 of the Map ~ecords, June 18, 2004 Field Note Description Being an 1161.0954 acre Tract or Parcel of land oat of and a part of that cenain called 1555.182 acre tract of land out of the T. 8,: N.O.R.R. Co. Survey, Section No. 122, Abstract No. 486, the T. & N.O.R.R, Co. Survey, Section No. 121, Abstract No. 250, and the Franklin Baker Survey No. 2, being also called the Job. n Wescott Survey, Abstract No. 725, Jefferson County, Texas, and being more particularly described as TRACT 7 in a SPECL4L 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.O.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 ~'act of land out oft.he T. Co. Survey, Section No. 121, Abstract No. 250, Jefferson ComE/, 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 Refming 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 Counts,, Texas, als0 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 Refming Co., also that certain 20.00 acre tract o ut of the John Wescott Survey, Abstract No. 725, as described in deed dated 7-6-77 recorded in Volume 2022 Page 220 Deed Records Jeffer, son Count', executed by Dan Benson, et al, in favor of Ou!f 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 Volum. e 169 Page 88 Deed Records Jeffers0a, executed by John J. Wescott and wife, May B. Wescott In favor of Gulf Refining Co, also that certain 88.00 acre "First l'ract' out of the Franklin Baker No. 2 as described in deed dated l 1-6- ! 7 as recorded in Volume 169 Page 88 Deed Records Jefferson coung4 executed by J01m J. Wescott and May B. Wescott in favor of Gulf Refining Co., also that certain 39.8074 acre tract as described in deed dated 12-l-82 recorded in County Clerks Film Code No. 10O-01-1 572 Real Property Records Jefferson county, executed by W. P. Clements, Jr. Govel,'nor of the Stoic of Texas and Bob A-nnstrong, Commissioner of the General Land Office ir'~ t~xor of Gulf Oil Co.. also that certain 10.0630 acre described as "I'ract 2" in that certain deed dated I i-i 4-80 recorded in Yol'..:me 2276 Page 267 Deed Records Jefikrson county, executed by Texaco Inc. in Gulf Oil Co., also that certain 24.00 acres our of tl',e B. C. Arthur Sur'~:ev. Abstract No. 6t, Jefferson County, being more fully described as "Second" ;m that ce~ai~ )ced dated 1 recorded in Volume 487 Page 72, Deed Records Jefferson Coung, executed b; Texas and Orleaas Railroad Co. in favor of Gulf Oil Co.. also I6.54 acres out o f the T. &'N~O. P~.~ R Sarvey No. 121, Abstract No 250, as described in deed dated 4-4-5! recorded in Volume 80(' Page 102, Deed Records Jefferson Count>'. executed by Spence & Howe Cons~r~ction C~ hvorofGulfoi! Co: Pa~e ! 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; THENCE SOUTH 08° 09' 50" WEST for a distance of 6952.43 feet to a point for corner at the intersection of the Intracoastal Water~vay Northerly Right-of-Way line as recorded in Volume 330, Page 136, Deed Records, Jefferson County, and the Southwesterly Right-of-Way line 0f 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, tbr 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 WARKANTY DEED dated October 16, 2003, from THE PREbiCOR REFINING GROUP, hNC., a Dela~vare 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 between the said 394.130 acre tract and the tract herein described the fo!low~g 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 nfS.01 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 20005'35'' '¢,q~ST for a distance of 254.20 feet to a 5/8 inch iron rod with cap stamped "WORTECH". NORTH 34050'59'' W'EST for a distance of 130.12 feet to a 5/8 Lqch 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 v~'ith ca.r stamped '~WORTECH". NORTH 47003'54'. WEST for a distance of 232.14 feet ~o a 5/8 inch iron rod with caF stamped "WORTECH". NORTH 36:05'34" WEST for a distartce of 214.38 feet ~.o a5/8 inch iron rod w/th Stamped "WORTECH". NORTH 30°33'50" WEST for a distance of 166.22 feet to a 5/8 inch iron rod 't.vit~ stamped "WORTECH'. NORTH 43°35'49" WEST for a distance of 54,37 £eet to a ?8 inch iron :2~. ';,-5 tF. stumped "WORTECH'. NORTH 70:48'48" WEST for a distance of 32.86 i~,et to a 5/8 inci~ iron rod with ca~ sxamped "WORTECH". NORTH 82°50'30" '~VEST t~vr a distance 0f495.00 feet to ;, 5,$ inci'~ iron rod v,-i~h stamped "WORTECH"; SOUTH 55003'52.' WEST for a distanc~ of 160,25 fee: t.o a 5'S i~.cb, iron ::.5 v. i:',i stamped ":3,'OR TE CH"; i , : , 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 vAth cap stamped "WORTECH'" NORTH 05° 15'49" EAST for a distance of. ~4.~.~ feet to a 5/8 inch iron rod x~fth cap stamped "WORTECH'. NORTH 11 °25'41" WEST for a distance of 206.6i t~et to a 5,'8 inch iron rod with cap stamped "WORTECH'" NORTH 10°5Y54" '¢,q~ST for a distance of 259.58 feet to a 5/8 inch iron rod with cap stamped "WORTECH"' NORTH 47°45'37" WEST for a distm~ce of 72.05 feet to a 5/8 inch iron rod with c~ stamped "WORTECH"' NORTH 38"33'06" WEST for a distance of 220.02 feet to a 5/8 inch iron rod xvith cap stamped "WORTECH'" NORTH 57°09'52" WEST for a distance of 35.78 feet to a 5/8 inch iron rod xvith cap stamped W_ RTE ..H 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°24'0Y' ~,~,~EST, along the common line be~veen 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 04°46'06" EAST, along the common line between the smd .~94.1 30 acretract and the said tract herein described, for a distance of 80.14 feet to a 5/8 inch iron rod; THENCE ir~ a Seu.'.l',we'~*~?l- direction I .... -= · .... y a,oh~ th~ common line between the said 394. ~3u tract and the said tract herein described the Io ,owing, courses and distances; SOUTH 03°11'59" ' S ¥,.E~T for a distance of 30.03 feet to a 5/8 inch iron rod: SOUTH o0 0a 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' ° .... >8 .~7 27 WEST for a distance of 80.01 feet to a 5/8 inch iron rod; SOUTH'"u.> '-~'~9'""u~" X,¥TS T for a distance of 89.86 feet to a 5/'8 inch iron rod: SOUTH 71 '20'22" WEST for a &s[an,... of i09.19 feet -x, ' toa_.8 inch~r,,~a r,_.d .~ SOUTH 76°54'14" WEST for a distance of 70.88 feet to a >,'8' 'n~,oh iron md'_ SOUTH 86'43'18" WEST for a distance of>0.: ,, feet to a 5/8 inch ~ron :oct; THENCE in a Northwesterly direction along the common line g~ ~ .... tract and the said tract herein described the following courses and distance-:: NORTH 87 ~.. >0 ~, EST for a distance of 70.19 feet to a 5,'8 incl: icon ~-' ' NORTH 51:1 I't I" k\ E~ t for a atstance ce I ? 68, feet to a 5 8 inc~ 4.-.~. NORTH 05°06'45" WEST for a distance of 216.03 feel 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 07056'27.' WEST for a distance of 24.73 feet to a 5/8 inch ironrod; NORTH 11 °50'36" WEST for a distance of 85.24 feet to a 5/8 inch iron rod; NORTH 10004'28'' 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 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°4!'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 54054'20'. WEST for a distance of 121.59 feet to a 5/8 inch iron rod; SOUTH 77°50'38'' WEST for a distance of S1.01 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 80°38'01" W~ST 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 37°56'28" WEST for a distance of 206.57 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 02°10'39" WEST for a distance of 99.85 fee*. to a 5/8 inch ironrod 'with stamped "WORTECH"; SOUTH 18°54'55" EAST for a distance of 239.18 feet to a 5/8 inch iron rod with stamped "WORYECH"; SOUTH 12°09'33" WEST for a distance of 527.03 feet to a 5/3 inch iron rod with stamped "WORTECH SOUTH 05°40'11" WEST for a distance of 196.89 feet to a 5/8 inch ironrod with stamped :~WORTECH SOUTH 13°33'1:4" WEST for a distance of 1004.20 feet to a 5/8 inch iron rod with zap stamped ;'WORTECH' located in a Westerly line of the said TRACT 7 aad also the Westerly line of the said Tract 2: THEh'CE NORTH 01'41'46" EAST, along the said Weszerly line of the s:~id TRACT 7. t~ Tract 2 and the tract h~rein described, for a distance of 496.50 feet to a Gul£m0aum~vnt corner: THENCE NORTH 88° 06' 49" WEST, along and with a ~ou_h,rl: tine,_,I- ' smd' ' TR_&CT., said tract herein described, a distance or 2 09. l 0 feet. to a point tor corner in the S Soulhwes!erI? con, er of thru certain Tract 3 of said 142.:~39 acres: 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° 4i' 30" EAST, along and with the West line of said T1L4CT 7 andthe said tract herein described, a distance of 78 t 9.98 feet, to a point for comer in the Northwesterly line of said Outfall Canal; THENCE SOUTH 46° 4Y 29" EAST, along and with a Northeasterly line of said TI:LACT 7 and the said tract herein described, a distance of 769.40 feet to a point for corner; 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° 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 TtL,-XCT 7 and the said tract herein described, a distance of 100.26 feet to a point for comer; THENCE continuing in a Northerly direction along and with a Westerly line of said TRAC? 7 and the said tract herein described the folloMng 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° 3? 24" WEST, a distance of 120.91 feet, to a point for comer; NORTH 04° 45' 47" WEST, a distance of t21.92 feet. to a point ~6r comer; NORTH 06° 20' 31" WEST, a distance of 87.61 feet, to a point for comer; NORTH 03° 48' 09" WEST, a distain, ce of 106.37 feet, to a point for comer: NORTH 08° 13' 01" WEST. a distance of 99.75 feet, to a point flor comer; NORTH 26° 44' 50" EAST, a distance of 104.69 feet, to a 5/8 inch iron rrd for comer; NORTH 35' 24' 15" WEST, a distance of 110.78 feet, to a 2 inch iron pipe fbr comer: NORTH 38° 54' 28" EAST, a distance of 147.09 t~et. to a point for comer; NORTH 51 ° 05' 32" WEST, a distance of 568.96 t~eet, to a point 5or comer: NORTH 35° 54' 28" East, a distance of 100.00 tket, to a pcint For comer in the Pdght-of-Wa7 lin~ of the Southern Pacific Railroad (based on a 100 foot and the most No,hotly comer of the said T1L&CT 7 and the said tract herein THENCE SOUTH 51 ° 05' 31" EAST, along and frith said Southerly Right-of. Os a,: lin'e an,~ the Northerly line of saiJ TR&CT 7 and the said tract herein described, a ~i~t_=~nce 0f2~'6 ! .48 fret, tc the begip_~.ing o£a cu:',?.' conca',~,~?:the Sou~,h,,:,es: ixa'.ing a radius of I $45,36 r'~e~., and a czlz3~ angle of 40° 40' 25" and being subtended by a chord which bears South 300 45' 19" East I282.67 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 1 0.00 feet to a point for comer; THENCE SOUTH 10° 2Y 06" EASI, continuing along said Southerly Right-of-way and the Northerly line of said 'IStL4.CT 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 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 thesald tract herein described, a distance of 66.07 feet to a point for comer; THENCE SOUTH 15° 39'21" '¢,',-5T, along the Easterly line of the said TRACT 7 and thesaid 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 ira,./ ....... t,~'~eiq described, a distance of 100.86 feet to a point for comcr in the Westerly h-.,~.'"~' o,re Highway 87 for the begirming of a curve tangent to said line; TItENCE Southwesterly and Southerly, along said Westerly line of State Highway 87 and the Easterly line of the said TILa. CT 7 and the said tract herein described, a distance of 248.10 feet to a point for comer along the curwe 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 Stare Highway 87 and the Easterly line o~ ~h,. said TP,_~,C ~ 7 and the said tract herein described, the ~ ' ," · -", fo, o.Mng coursc~ uno distances; SOI_;TH l& t 7' 36" EAST tangent to said curve, a distance of 147.00 feet, to an ircn for comer; SOUTH 07' 27' 08" EAST, a distance of 333.63 feet, to a Texas De?a~,..qent Transportation Highway Monument for comer; SOUTH ° ~ ..... ~=~ · 12 4- .~o EAST, a distance of 548.48 t~.,.t, tca },omt for SOUTH 10° 25' 06" EAST. a distance of 4577.8! feet. to an iron rod t-or be~ii:ciin~ curve tangent to said line: THENCE Southerly along the said Westerly line oI Sta e H~ghway 8 .' and tne Eas~er,3 hne the said TRACT 7 and the said tract herein d~'scribed, a distance of 766.64 ~et. to :~ point corner alon~, the curve concave to the ~ ~' ha~ingaradius ~'""~ · ...... ~ ...... ' ' 070 36' OFF'; THENCE ~O,~TH 1§° -~ Easterb. line of the said TRACT ? and . th,. s .... tract ........... =... ~,'. <ai ~ ~. :"-. :. ', distance of ! 601 5g Feet to a ooint for Page 5 cf 7 THENCE SOUTH 17° 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 8 03.26 feet to a point for corner; THENCE SOUTH 17° 07' 06" EAST, along the said Westerly line of State Highway 87 a,qd the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 98 8. t 7 feet to the POINT OF BEGIN%'ING, containing 1161.0954 Acres, more or less. Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision as recorded in Volume i, Page 24 of the Map Records, Jefferson Count),, Texas. December 14, 1994 · P.G,~OXMJJ Ch~o~ U.S.A., In~. - Po=~ ~ur Jefferson County, Texa~ ~eing a 1151.94~ acre tract or ~aroel out o~ th~ T.& N. O. S~vey ~s~a=t No.,~ 2~9, ~0, 2~1 an~ 2~ and ~a~ of ~ha~ certain 1158. 220 acrs ~ract as conveyed by Correction Deed dated 6-15-54 describsd tn Vol~e 946 Page 461 De~d Records, Cowry, Texas, executed by W. P. H. HcFaddin et al, in fair Of Gulf Refining Co., COerCING at Gul~ mon~ent fo~d for ~h~ southwest cormer of 0.034 acre tract as dsscribed i~ Vol~e 219, Pag~ 76, of the Records, Jeffsrson County~ Texas; THENCE North 88~02'57' West for a distance of 7651.~5 fee~ t0 ~ POI~ OF BEGI~ING of the Tract her~in t TH~CE North 10'41'30" East, along the Easterly line of ~aid Survsy No. 2~2, a d~s=ance of 5713.10 feet , to a poinC for cor~er$ TH~CE North 01~41'54' ~as=, along the Easterly ba~ of Bayou, a distance of 795.29 feet to a poin~ for corner; T~NCE along and with ~ha me=nders of Taylors Bayou =~e North 65'50'55" Wes= a distance of 183.16 fee~; Nor~ 65~16,37. ~8st a distance of 214.32 North 82~52'0S" Wsst a distance of 157.57 South 83~24'08' West a dis=anc~ of 224.05 sou~h 83"0~'41' wes= a dtstancs of 210.13 fee=; South 77*02'38" West a d~st~ce of 208.07 lest; South 78'30'24" Wsst a dis=ante of 272.02 feet; Sou~ 85'22'58" West a diet,ce of 242.25 fee=; Sou~ 89e2S,42. West a distance of 242.7~ North 8S~0~'59" West a distance of 170.97 North 83e33'43- West a d~sta~ce o~ 201.28 North 83~24'04' Wes~ a distance of 214.13 South 89t57,31- West a distance o~ 189.34 North 85~44'59' W~st a distance of 217.24 North 88022'45" WeSt, a distance of ]!0.22 feet; South 76'06'18" Wast,"a'distance 0f~137,90 T~CT 8 Page 1 of 2 ~outh 67'39~43" West, & distance o~ 143.32 Sou~.h 74'17'17" WssC s distance o£ 205.~3 South 49'47'10" West a distance of 41S.16 feet South 39~13'21# West e dietaries of 2~S.89 Sou~.h 43e33;35" West s distanoe of LSS.gS floC' North71002'32'0 West a distance of 39.25 foot South 75008;$6" West a d£stanos of 413.98 feet North 75°30'55" Wast a distance of 318.06 feet ~o~th 56e~9~S$" West s distance o£ 143,87 fee~ North 4g*05~38" Wes~ a d~s~nce o~ 248.38 ~OF~37eL5~09' Mes~, a dLs~anco o~ 236,94 ~oF~h 27028;LL' ~es~, a ~s~ance of ~88.22 ~or~ 43'56'45" West, a distance o~ 95.94 fee~ Nor~ 72"11'55" West~ a d~s=ance of 116.30 Nor~ 66.09'59" West a distance of 197.27 feet So~ ~4~00'38" West a d~s=ance of 121.65 Sou~h 79-42'42" West a d~s=ancl of 175.86 Sou~ AXe59'Sl" West a distance of .!88.18 fee~ So.th 39e34'02" West a distance of 364.43 feet, South 46.36'3~" West a distance of 32S.~3 fee=, So.th 57e39'38" West a distamce of 602.2~ fee=, South 69"00'56" West a distance of 28s.48 feo~, Sou~ 84'04'~s" Wes= a distance of 191.78 feat, North 72"36'35" West a distance of 373.97 feet North ~3'04;55" West a distance of 253.47 ~ee~ North 48.15'22" West a'dis=ance of 227.~7 feet North 45'23'38" West a dAs~a~c8 of 371.40 feet Nor~ 52*54'54" Wes~ a distance of 83.~8 fee= So~=h 19006;33" Wist a distance of 196.66 feet south 28*os'os" wes= a distance of XTS.S9 fee= TH~CE So~h 03055'30" WeS~; a ~sta~ce of 5167.17 feo~ =o a point for corne~; THENCE South 86005'~7" Eas~, a distance of 8203.37 fee~ ~o ~he ~OINT o~ BEGI~I~. Con=ain~ng 11~1.947 Aore~, more or less. Notes: 1) Bearings Based on Per: Arthur Lan~ Co. subdivision as recorded in VoLume 1, Page 24 of th~ ~ap Records, Jefferson County, Texas. 2) Drawing included on separate ~ar~ ~. ~i~el~y, R.P.L.S. No. T~CT 8 Pag~ 2 of ~ · Ro. December 14, 1994 Chevron U.S.A., Inc. - Port Arthur Refinery Jeffereon county, Texas Being a la0.Sl? acre tract or parcel of land situated in the d New Orleane Railroad Survey, Section 122, Jefferson Taxa? an ....... ~ ~4~, ou: Of a 533.61 acre ~rac~ or ~r~el 0f tbed in deed from W.P.H. McFaddln to Gulf Refining ~d desor ........... ~ 4n Vol~e 240, paqe 620, Co=pany, dated June 11~ ~N&%, ~ .... ~d a~so the remainder o~ Dee~ RecordS, JeffersOn Co~=y, Texas, a 57.00 acre tract or parcel of land des~rtbed in deed f=om W.P.H. ~oFaadt~ =o Gulf Refining Company, ~a~ed January 30, 1923, jef f~on Coun:y Texas, ea~ 120.517 acre tract being acre particularly as fo~low~: CO~CING a: a Gulf non, ant found for :he So=thwest co=me: of 0.034 acre tract as described on Vol~e 219 Page 76, Deed Re:ords, Jefferson County, Texas; ~CE South 33'30'21" Wes:, a d~stanoe of 10,372.12 fee= t~ a point for :he ~OINT OF BEGINNING~ monument found; for corner ~ THENCE North 01~42~]7" Esau, a ~is=an=e of 1~56.~0 :e~= to ~ poln: for corner; TH~CE Nor:h 86~43'18~ Wa~t, a dista~c~ of 570.31 feet =o a po~, for corner; . . THENCE South 72~57¢22'' We~t, a distancm of %00.03 faint %o a poi;%% for corner; ., ' TRACT 9 page 1 of ~ THENCE South 72eS7'02" Wast, a dis=ancs of 5207.42 feet to the POINT OF BEGINNING and ¢o~ta£ning 120.517 Ac=esl more or Notes: 1) Bearings Based on Port Arthur Land Co. subd£vision recorded in Volume 1, Page 24 of the Map =elf arson County, Texas. 2) Drawing included on separate sheet. Mark W. Whiteley, R.P.L.S. No. TRACT 9 Page 2 of 2 Dece~er 14, 1994 chevron U.S.A., Inc. - Port Arthur RefinsrY Jefferson County, Being a 0.761 acre tract or parcel of land situated An =he B.C. ;tr=hur Survey, Abstract No.61 and also out of Block~ TwO, .Th=as, ~d Four (2,3,&4) in Ranges P and Q of =ha lands of ~e ~ur Land Company, Jefferson Cowry, Texas and being in deed from Port ~thur Land Company to Gulf Refining company dated Nove~r 11~ 191~ recorded in VolUme 140~ Page 216, Dee~ Records, Jefferson County, Texa~, said 0.761 acre =tact being more p~ti~larly described as follows: CO~CING at Gulf monument found fo~ =he Sou=hwes~ co=met 0f 0.034 acre tree= as described in Vol~e 219, Page 76, of th~ Records, Jefferson Court=y, Texas~ poin= for the POINT OF BEGINNING of ~e herein described THROE North 37'14'24" ~a~=, a dis~anc~ of 2284.66 fee~ to point fo= corner; for corner; THENCE South 3~'14~23" Wes=, a di~=ance of 350.00 f~t to a p0ir~'c for corner; for corner; THENCE South 38'17~23" West, a distance of 1659.9~ feet POINT OF BEGI~iNG and containing 0.76! Acz'~, ~.~r~ ~'r T~CT 10 Pag~ I of 2 Note: 1) Bearings based on Port Arthur Land Co. recorde~ in Vol,'~m 1, Page 24 of the Map RecordS, JefferSon County, Texas. 2) Drawing Included on seperate sheet. y, R.P.L.S. No. 363 F ~ \~F,60'~DATA\TII ACT 10 .H&a T~ICT !0 page 2 of 2 ].994 Chevron U.S.A., Inc. -Port Arthur Refinery Jefferson County, Texas · land situated in the Texas Bslng a 4.123 acre tract or parcel of ...... 3 Jefferson County, Texas and descrlmea in asea ~r .. ~a~ Orleans Railroad Company to Gulf oil Co~oration, dated November 19, 1940, recorded in Vol~e 487, Page 72, 0e~d Rec0rd~, Jefferson County, Texm~, saSd 4.123 acre tract being more particularly des~lbed as follows: CO~CING at Gulf monument found for ~a southwest corner Rmcords, Jefferson County, Texas; THROE North 56~42'06" West, a distance of 7792.78 fee~ point for the POI~ OF BEGI~I~G of =he herein described tract; THROE }lor~ 71~40~55'' West, a distance of 72. 59 fe~t for co,er; THENCE North 85~42'30'' West, a distance of 94.3~ feat for corner; THENCE South 11"09'05'' East, a distance of 1558.28 feet poin~ for corner; for corner; THROE North 10~25'51" Wast, a distance of 204.7~ faa= for corner; for corner; T~%CT 11 page I of ~ THERC~ Hor~h L0'25'07" West, a distance of 90~. 68 feeC Co tb~ pOINT OF BEG~ end conta~n~n~ 4.~23 Xcres~ mo~e 0~ ~ess. No,es: 1) Bearings Based on Port ~ur Land Co. Subdivision recorded In Volume 1, page 24 of the Map Reco=ds, ~efferson county, Texas. 2) Drawing included on seperate sheet. Hark W. Whiteley, R.P.L.S. No. 3636 F~\~t~6~DATA\T~A~Tll.N$~ TRACT 11 Page 2 of ~ ) ATTACHMENT ! ~ ~ ATTACHMENI B-_t ATTACHMENT ~'B" Commencement Date: 4~h Quarter, 2004 Proposed Completion Date: May, 2006 Premcor represents that it intends to expand the Port Arthur refinery crude oil throughput to 325,000 BPSD from its current capacity of 250,000 BPSD. To accomplish this expansion, Premcor will construct a new 45 MBPSD Diesel Hydrotreater, a new 150,000 B?SD Crude Vacuum Unit, a new Amine Regeneration Unit, and a new Cooling Tower. Additionally, Premcor will upgrade or revamp existing Hydrotreater Units, the Sulfur Recovery System, the Coker Unit, and other offsite utilities and infrastructure. Total construction cost is estimated at Three Hundred Ninety Million Five Hundred Thousand Dollars ($390,500,000.00). Port Arthur Coker Company L.P. represents that it intends to expand the de-coker unit at the Port Arthur refinery to 99,700 BPS~D from its current capacity of 80,000 BPSD. To accomplish this expansion, Port Arthur Coker Company L.P. will revamp and replace existing equipment and other offsite utilities and infrastructure. Total construction cost is estimated at Twenty-Six Million Dollars ($26,000,000.00). ATTACHMENT ~C" Attached hereto are descriptions, drawings or maps. ATTACHMENT "D" The existing facilities owned and/or operated by the Companies produce or process 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 tax abatements on this project as attached hereto. STATE OF TEXAS § COUNTY OF JEFFERSON § PREMCOR REFINING GROUP INC. REFINERY EXPANSION 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 Feed Rate Expansion 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 designatiort of the subject REIN'VESTMENT ZONE, and by Resolution of the COURT adopting its "JEFFERSON COUNTY UNWORtM TAX ABATEMENT POLICY - 2003". II. DEFINITIONS For purposes of the AGREEMENT, the following terms shall have the meanings set forth below: 1. "Certified Appraised Value" means the appraised value of the property within the REINVESTMENT 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 abatement 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" memos 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 O~,VNER. 6. For purposes of this Agreement, only "Base Year Value" rneans the "Taxable Value" of all industrial realty improvements of the WNER and/or its Affihates, and which are located within the COUNTY as of January l, 2004, including the abated value of all other projects, of the OWNER granted by the CO.UNTY and in existence for the "Base Year". 7. "Direct Hire of Local Labor" shall mean the hiring of labor tl~rough a local hiriag office which is not operated b) 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" ~vhen 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. II1. 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 which is not attributable to the use of Direct Hire of Local Labor or 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 (LS). SCHEDULE A For the portion of the value of Eligible Properties provided by Direct Hire of Local YEAR OF ABATEMENT PRELIMINARY ABATEMENT PERCENTAGE (PAP) 1 st YEAR 2005 100% 2nd YEAR 2006 100% 3rd YEAR 2007 35% 4th YEAR 2008 55% ' ' 5th YEAR 2009 75% 6th YEAR 2010 80% 7th YEAR 2011 90% SCHEDULE B For the portion of the value of Eligible Properties which is provided by Local Subcontractors: YE~'LR OF ABATEMENT PRELIMINA2KY ABATEMENT PERCENTAGE (PAP) 1 st YEAR 2005 100% 2"d YEAR 2006 100% 3rd YEAR 2007 35% 4th YEAR 2008 40% 5th YEAR 2009 60% 6th YEAR 2010 80% 7th YEAR 2011 85% 8th YEAR 2012 90% 9th YEAR 20t3 . · 95% 10th YEAR 2014 " 100% When 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 value of Eligible Property for which no abatement will be granted (Ineligible Property). When the values have been determined as provided by the preceding Paragraphs the Local Labor Percentage (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 Pr6perty. 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 Pementage (FAP) for each year of Abatement as set forth in Schedules A & B shall be determined by multipl~,fng the LLP times the PAP on Schedule A for a given 3ear and multiply/rig the LSP times the PAP on Schedule B for the same year and taking the sum of the two products. The Final Abatement Percentage (FAP) shall be the percentage of the value of the Eligible Property which wilt 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 COUWTY that following the completion of the constmction period.the LLP, the LS?, and the FAP will be calculated and scheduled at that time for each succeeding year of abatement. Further analysis or revie~v 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 Ili, herein. 5 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, 2004 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 all 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 COUqqTY 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 the COUqqTY 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 COLq',ITY 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 tbr 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 wiih 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 ;vithin sixty (60) days of written notice. OkVNER shall certify by statement to the 6 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 expand the Port Arthur refinery crude oil throughput to 325,000BPSD from its current capacity of 250,000BPSD. To accomplish this expansion, the OWNER will construct a new' 45 MBPSD Diesel Hydrotreater, a new 150,O00 BPSD Crude Vacuum Unit, a new Amine Regeneration Unit, and a new Cooling Tower. Additionally, OWNER will upgrade or revamp existing Hydrotreater Units, the Sulfur Recsvery System, the Coker Unit, and other offsites, utilities and infrastructure. Total construction cost is estimated at Three Hundred Ninety Million Five Hundred Thousand Dollars ($390,500,000.00). OWNER represents that it intends to request from the TCEQ exemption of ad valorem taxes for pollution control equipment with an estimated value not to exceed $73,640,000. OW~'NER acknowledges and understands that in the event the TNRCC exemption of this project exceeds $73,640,000 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 REINVESTMENT 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 Aba/[ement 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 OWNER 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. Should the COUNTY determine the OWNER to be in default in this AGREEMENT, the COUNTY shall notify the OWNER in writing 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 OWNER'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 become 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 the 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 PROJECT no longer produces shall terminate and the taxes due shall be paid to the COUNTY prior to the delinquency date for such year. In 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 COUNTY by the COLYRT and/or other persons appointed by the COURT. The OWNER shall allow authorized employees and/or representatives of the COUNTY who have been designated and approved by the COURT to have access to this PROJECT during the term of this AGREEMENT to inspect the PROJECT 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 0r 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 determine 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 O~VNER shall furnish 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 OWNER 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 term/nation ~vithin ninety (90) days after receipt from the COUNTY of written notice of the termination. If an appeal suit is filed, OWNER 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 9 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 determination of the appeal decreases OWNER'S tax liability, the COUNTY 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 e'Caluate 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: (l) Statement by OWNER describing the status of construction of the contemplated improvements, percentage 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 xvould consider to be harmful to its business operations. OW ~"q'ER'S statements described above shall be verified by OYVNER'S project manager or other appropriate representative. XL INDEMNIFICATION OWNER agrees to indemnify and hold harmless COUNTY, its Commissioners Court, officers and employees from and against all obligations, claims, demands and causes of action o f 10 every kind and character (including the amounts of judgements, penalties, interest, court costs, and legal fees incurred in defense of the same) arising in favor of other govermnental entities and agencies or third parties (including employees of OWNER) as a result of or arising out of the 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 thereol; or to an Affiliate of OWNER upon the written appt6val 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 confen'ed hereunder, represents and warrants that its undersigned agent has complete and unrestricted authority to enter into this AGREEMENT and to obligate and bind Ox,¥NER 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 w'ith 11 the proper postage prepaid thereon, and duly registered or certified, return receipt requested, in a United States Post Office, addressed to the COUNTY or OWNER at the following addresses. If 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 Greemvich, Connecticut 06870 TEL. (409)985-1000 TEL (203)698-7566 The Premcor Refining Group Inc. John Tullie, Tax Department 1700 East Putnam Avenue Old Greenwich, 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 agree 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. . 12 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. Executed this the ~Z~D day of,/J~(- C' ~?"?i'd' 2004. FOR T..I-~E,;COUNT. Y: FOR THE OWNER: Judge Carl R. Griffith, Jr. Do~i "~ ~ Jefferson County Judge Refinery Manager The Premcor Refining Group Inc. 13 Special Session, November 15, 2004 BE IT REMEMBERED that on November 15, 2004, there was begun and holden a Special Session of the Comanissioners 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 Clerk- -the following proceedings were had and ot'ders made, to-wit: 4? STATE OF TEXAS § EN 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 ANT) TAX ABATEMENT ACT) BE IT REMEMBERED at a meeting of Commissioners Court of Jefferson County, Texas, held on the 15th day of November ,2004, on motion made by JIMMIE P. COKINO$ ., Commissioner of Precinct No. 1 , and seconded by EVERIiTTE D o &I.FRED , Commissioner of Precinct No. 4 , the following Order was adopted: WHEREAS, the Commissioners Court of Jefferson County, Texas desires to create the proper economic and social enviromuent to induce the investment ofprivat~ resources in productive business enterprises located in the cmmty 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 h~c. facility near Port P~rthur a reinvestment zone, pursuant to Sec. 312.201, Tax Code (The Property Redevelopment and Tax Abatement Act). IT IS THEREFORE ORDERED BY THE COMMISSIONERS COURT OF JEFFERSON COUNTY. TEXAS: Section 1. That the Commissioners Corn1 hereby designates the Premcor Refining Gro'ap Inc., 1801 S. Gnlf~vay, Port Arthur (mailing purposes only), Jefferson County, Texas 77640, further described in the legal descript'on attached hereto as Exhibit "A', and made a part hereof for alt purposes, as a Reinvestment Zone (the "Zone"). Secnon _. That the Commissioners Court finds that the Zone area meets the quahficat~op.s oz the Act. Svzcaon .,. That the Commi.ssioners Court has heretofore adopted Guidelines and Cmm.a for to antmg Tax Abcttements '- '~' - ',': ', .... Section 4. Tl~at the Commissioners ~.om-t nela a ...... - ', ~ November 15, 2004. Section 5. The Commissioners Court 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 wduld contribute to the 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 thisl5th . day of November , 2004. JUDGE CARL KL--GP,~FIT~t, JR. County Judge t , r L. DOMINGUEk, COMIvlI~'S~Oi'~ER EVERETT~D. ALFRED Precis,ct 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 Ri Griffith, Jr. County Clerk County Judge I CERTIFY THIS IS A TRUE COPY Witness my hanc and Seal of Office htOV £ 2 ZOO4 CAROL'fN L GUIDRY. COUNTY CL~K Dsoember 14, 1994 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 34.475 acre tract or parcel-of land situated in the B.C. Arthur Survey, No.227 and in Range 1, Block Number 2 ancl Blook N,,~er Two (2), Jefferson coun=y, Texas amd b~ing out of 49.57 acre tract or parcel of land described in deed from Joe stew-ts, Will Stewts, Mrs. Or,ella Dupont, and her husband John Dupont, and David E. O'Fiel to Gulf Refining Company, dated July 3, 1914, recorded in Vol~u~e 658, Page 112, Deed Re0ords, Jefferson County, Texas, said 34.47N acre tree= being more pa=ti~ularly descri]~e~ es follows: % COMMENCING at Gulf monument found for the southwes~ =ormer of a 0. 034 acre tract as described in Volume 219, Pa~e ?6, of the Deed Records, Jefferson county, Texas~ THENCE North 41'13'45" East for a distance of 193~.55 feet =o a ffound Gulf nonument in the west llne of a si~ty (60) foot county roadway ~ THENCE North 48~42']6" West for e distance of 928.~5 fee~ to found Gulf monument in the sou~h line of West Seventh Street; THENCE North 41~2~'00" East for a distance of 2~01.~0 f~et to iron rod set for the POINT OF BEGINNING of the herein de~cribed ~ract; THENCE South 48o34'25" East~ a distance of 998.~1 feet to a point for corner; THENCE North 41~16'34" Eas=, a distance of 1469.56 fast to point for. corner; THENCE North 48~44'04' West, a distan=e of 945.01 feat to a point for corner; THENCE North 41~16'41~, East, a distance of 668.38 feet to for corner in the westerly right-of=way line of State Highway ~.~¢*~ ~ Page 1 of 2 Spur 214; THENCE North $1°30'58" West, a distance of 53.36 feet to a point for corner in the westerly right-of-way line of State Highway Spur 214; THROE South 41"17'24" West, along and wi~ the southerly right- of-way line of oounty roadway a distance of 2132.54 feet to the POINT OF BEGI~ING and =ontaining 34.475 aGres of la~d, more or less~ Notes: 1) Bearings BaSed on Port Arthur Land Co. subdivision as recorded in Volume 1, Page 24 of the Hap Records, Jefferson County, Texae. 2) Drawing included on seperate sheet. ~arA W. TRACT 2 Che',n:on U.S.A., Inc. - Port Ar~..hur Refinery Jefferson Coun~, a 40.410 acre trac~ or p~Cel of land Berg ........ ~ ~ein~ -art of Blocks Two an~ Three ~th~ Y~ ....... ~---~ ~ .T ferson Coun~ ~ Texa~ Company, dated Nov~er 11, 191~,. _ 627,~Deed Records~ Jefferson County, Texas~ said 40.410 acre tree, being more p~tiouLarly described as follows: 0.034 acre tract as des~rlbed in vol~e zx~, R.cords, jefferson Cowry, ~exas; THENCE North 41'13'45" East for a distant* of 1939.55 fee~ fo~d Gulf monumen= in the w~st lina of a sixty (~0) foot county roadway; TH~CE North 48"42'36" West for a distance of ~ENCE North 41"24'00" East for a distance of 2301,30 feet t0 a point for corner ; said point also being the northwest corner of the 34.475 acre tract describe~ as TraCt: 1; THENCE North 04"37'19" East for a dimtance of 231.49 feet iron rod set for the POINT OF BEGINNING of the .herald described tract; T~ENCE North 02"02'37'' WeSt, =long and wi~ the southerly righ=~ of-way of a si~ty (60) foot roadway, for a distance of 2655,73 feet to a point for corner in the westerly right-of-waY line of State Highway Spur 214; THENCE South 48"42'36'' East, along and with the westerly right-- of-way lin~ of State Highway spur '214; for a distance of feet to a point for, ,corner in the westerly right-of-waY State Highway Spur 214; T~CT 2 Pa~e I of 2 Of 1931.70 feet to of--way line of oounty roadway; for a distance ~he POINT OF BEGINNING and containing 40. 410 aores of la~d, more or less. No=es: 1) ~earings Based on Pot= Arthur Land Co. Sub~ivision as recorded in Volume 1, Page 24 of the Map Rnoords, Jefferson County, Texas. 2} Drawing included on sepera~e shee~. Mark W. Whitelsy, R.P.L.S. o. TRACT 2 Page 2 of 2 December 14, 1994 TEAOT 3 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 554.09~ acre tract or parcel of lan~ situated in the Arthur survey, No.227 and in Ranges P and Q, Blocks 2, ], and 4 (2,3 & 4), Jefferson county, Texas and being a tract or parcel of land described in dee~ from Port Arthur Land' ¢ompamY to Refining Company, dated November 11, 1913, recorded in Volume 140, Page 216, Deed Records, Jefferson Ccuntyt Texas, and also being a tract or parcel of land described in dasd from Pork Arthur Land Company to .J.M. Guffey, dated April ], 1901, recorded in Volume 49, Page' ~32, Deed Re¢ords~ Jefferson Texas, a~d a tract or parcel of land dms0ribed in deed from Arthur Land Company to Gulf Refining Company, dated January 11, 1902, recorded in Volume 56, page 160, Deed Reoords~ County, Texas, said 554.093 acre tract being more particularly describe~ as follows: COMMENCING at a Gulf monument found for the southwest =omar of a 0.034 acre trac~ as describe~ 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 point for corner; said point also being the POINT OF B~GIhq~ING of herein described tract; THENCE North 41.40'3~" We~t along and with the easterly line Kansas city Southern railroad right-of-way; for a dis=ante of 3988.28 feet to a point for corner; THENCE North 10025~06" West for a distance cf 95.85 fee= to a point for corner; THENCE North 06"46'55" Wast for a distance of 46.73 feet ~¢ a point for corner for the beginning of a curve to th~ right; TRACT 3 page ! cf 3 THENCE continuing along and with right-of-way llhe of State Highway 87, in a northerly direction along said curve to the Right having a Radius of 768.52 feet, a Central Angle of S0o37,47I~, a chord which bears South 11°54'24" West 65?. 23 feat, for an Arc length of 679.11 feet to a point for corner in th~ south right-of line of State Highway 87; 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 Of State Highway 87; THENCE North 38'17'24" East, along and with the south right-of- way line of state Highway 57; for a distance of 229.19 feet ~0 point for corner in the south right-of-way line of Stal~e Highway 57; THENCE South 49"46'16" East, along and with ~-he south i~ight-0f- way line of Stats Highway 87; for a distance of 60.01 feet to a point for corner in the south right-cf-way line of State Highway THENCE North 35"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 ST; THENCE South 51"42'36" East, along and with the south right-of- way line of Stats Highway 87; for a distance of 13.99 feet to point for corner in the south right-of-way line of State Highway THENCE North 35°17'24" East, along and with the south right-of- way line of State Highway 87; for · distance of 172.65 feet to point for corner in the south right-of-way line of state Highway 87 and the wes= right'of-way line of State Highway Spur 21~; THENCE North 60"27~30" East, for a distance of 109.17 fe~t to a point for corner; T~ENCE S~)uth 45~42'~6" East, along and with the west right-of-waY lime of State Highway Spur 214~ for a ~istanoe of 24S6. 13 f~t to a point for corner; THENCE South 02"02'36'' East, alon~ and with the .~s~terly right- of-way line of an so foot Texaco Pipeline Right-of-Way; fo.r ~a distance 2965.02 feet to a point for corner in the north of-way line of west seventh Street; ,1' TRACT 3 page 2 of 3 THENCE South 41'17'24" West, along and with the north right-of' way line of Wes= Seventh Street; for a distance of 218.OO feet to a point for corner in the north right-of-Way line of We~= SeVenth Street; THENCE So~=h 48°42'36" East., along and wi~h the north right-of- way line of West Seventh street; for a distance of 66.00 feet to a point for corner; THENCE North 41~17'24" East, along and with the north right-of- way line of West Seventh Street and th~ north line of Tract 4~ for a distance of 3787.05 feet to the point o~ Beginning and cont.aini~g 554.093 Acres, more or lass. No=es: 1) Bearings Based on Port Arthur Land Co. subdiv~eion as recorded in VolUme 1, Page 24 of the Map Records, Jefferson County, Texas. · 2) Drawing included on seperats sheet. TRACT 3 page 3 of .3 p,~ BOX ~9~ December 14, 1994 T~CT 4 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson county, Texas Being a 40.511 acre tract or parcel ~f lan~ desoribe~ in tha~ certain ~ee~ from Port ~thur c~al and Do~ Com~y ~o Gu-lf Company ~ated J~e 26, 1922~ recorded in Vol~e 213, Refining Page 269, Deed Records, Jefferson County~ Texas, a~d al~o a Quitclaim Deed from Per= At,ur ~d Company to Gulf 1937 ~ recorded in Vol~ 4 4 2, Corporation ~atea Nov~er 9, being more particularly de~=ribe~ a~ follows: CO~C~G at a Gulf mon~ent found for the sou~west corner 0f.a Records, Jefferson Coun=y, THENCE North 41~13'00" East, for a distance of 110.93 feet to a pein= ~or Cha POI~ OF BEGI~ING of ~he here~n described ~CE continuing in a northerly airection along a cu~e =o the Righ~ hav~ng = Radius of 714.50 ~ee~, a cen~al Angl* of 12~02,10', a chord which bear; NotCh 47=5~'09' West, for len~h of 150.10 feet =o a point ~or corner; T~CE Nor~ 41~40'36' West, along and with Kansas ci=y T~CE SOU~ 41~17'24' West, a ~is=ance of 20.15 fee~ to a point for corner; THENCE Nor~ ~I~40'36'' Wes=, a aistanue of 30.00 fea~ to a point for corner; in ~e notch line of the abandoned Wast Seven=h Street; TH~CE North t1.17'24" East, along ~hm north right-of-way th~ abandoned West Seventh S~et and ~.e south !ins of Tract dis=enos of 1743.05 feet to a pein% for corner; for corner ~ THENCE south 41.13'4~" West, a distance of 1828.62 fee= ~:o the POINT OF BEGINNING an~ containing 40.502 acres of land, more or less. Notes: 1) Bearings Base~ on port. Arthur Land Co. Subd~vlslo as recorde~ in volume 1, Page 24 of the Map Reco=ds, Jefferson Coun=y, Texas· 2} Drawing included on seperate shee~. Mark W. Whiteley, R.P.L.$. No. 363~ :~'u--~9-%.~i~f TRACT 4 Page 2 cf 2 TRACT S Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 103.224 acre tract or parcel of land out of and part of that certain tract or parcel of land described by Deed dated 1- 11-12 recorded in Volume 126 Page 194, Dasd Records, jefferson County, executed by the Texas New orleans Railroad ¢o. in. favor of Gulf Refining CO., also that 16.17 acres dee0ribed by Dead dated 12-3-46 recorded in VolUme 651 Page 74, Deed Records, jefferson county, executed by Port Arthur Canal and Dock co. in favor of Gulf 0~1 Co., also tha~ 37.06 acres described by Dead dated 6-1-22 recorded in VolUme 222 Page 483, Deed Records, Jefferson County, executed by G N. Bliss in favor of GUlf · in Deed Refining Co., also that certain parcel known as Tract 2 dated 6-28-22 recorded in VolUme 219 Page 76, Deed RecordS, JeffersOn County, executed by port Canal and Dock Co. in favor of Gulf Refining CO., also that 2.50 acres described in Deed dated 7-13-14 recorded in Volume 145 Page 120, Deed RecordS, Jeffarsoln Coo/~ty, executed by Joe Stewts, et al, in favor of Gulf CO., also that certain .7.40 acre tract described by Deed dated 1-16-22 recorded in Volume 213 ~age 269, Deed Records, County, executed ,by Port Arthur Rice Milling Co. in favor of Gulf Refining Co., =1so that certain 0.43 acre Qui=c!aim Deed dared 28-22 recorded in Volume 222 Page 328, Deed Records, Jefferson County, executed by The Trustees of the Por~ Arthur Land Co. favor of Gulf Refining co., also thaC certain Tract known as Tract 3 as described in Volume 95 Page 499, Deed Jefferson County~ also that certain 45.80 acre as described by Deed da=ed 2-7-02 recorded in Volume ~7 pa~e 166, Deed Records, Jefferson County, executed by J. H. Guffey Petroleum co. in ~avOr of Gulf Refining Co., al~o out of and par~ of that ?0-O0 acre tract or parcel as described by Deed dated 1-11-02 re=orde~ VolU~e 56 Page 160, Deed RecordS, JeffersO~ County, al~o out of and part of that certain 19.~0 acre tract as described by dated 12-14-01 recorded in Volume 55 Page ~44, Deed ~ecords, Jefferson County, executed by =ha Trustees fo= the po~)c~ Arthu~ Land Co. in favor of ~. M. Guffey Petroleum Co., also =hat certain 1.11 acre tract da$0ribed as ,sECOND TRACT" in that certain Deed dated 2-26-07 recorded in VolUme 95 Page 499, Deed Records, Jefferson County, executed by H. A. Phillips in favor of Gulf Refining Co.,~.said 103.244 acres being more .D~r~icular!y described 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 feat to a point for corner in the Southerly Right-of-Way line of the ~(ansas 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 diet&nde of 138.90 feet, along the curve concave to the northeast, havinc~ a radius of 794.50 feet and a central angle of 10'01'O1"; THENCE North 41e40'36" West, a distance of 4754.97 fee= to a point for the intersection of said Southerly Right-of-WaY and the Easterly Right-of-Way line of State Highway 87; '. ~ THENCE South 10"25'06" East, along said Highway Right-of-Way line, a distance of 277°39 feet to a point for corner in the Northerly Bank of 'the Turning Basin; THENCE South 72"55'22" East, along the North side of maid Turning Basin, s distance of 42.98 feet, to a point on the existing Headwall for corner; THENCE South 65"29'15" East, a distance of 95.85 feet, ~:o a point on the existing Headwall for corner; THENCE South 59"07'5~" East, a distance of 44.54 feat, to a poilu= on the existing Headwa11 for corner; THENCE South 77"14'26" East, a distance of 25.61 feat, to a 9oir~ on the existing Headwall for corner; THENCE South 42'~1'32" East, a distance of 318.57 fast, to a point on the existing Headwall for corner; THENCE South 59"44'46~ Wast, a distance cf §0.68 feet, to a poir~t on the existing Headwall for corner; THENCE South ~9~36'07;~ East, a distance of 849.33 fee=, to ~ point on the existing Headwail for corner; THENCE South 23747'44" East, a distance of 1208.02 feet, to a point on the existing Headwall for corner; THENCE South 48~53'15" East, a distance of 850.91 feet, =0 a point on the existing Headwall for corner; THENCE North 39"58'O$'' East~ a distance of 49~69 faat~ to a poimt on the existing Head.~a~l f~r corner; TRACT 5 page 2 of 4 THENCE South 4~a32'56" East, a distance of 234.76 feet ~o an lro~ rod found for corner; THENCE South 02.16'15" West, a distance of 30.72 feet 1~o an irc~ rod foun~ for corner; ~C~ Sou~ 42~06~26" West, a ~istance of 273.86 fee= to an irom rod found for corner; THENCE South 48"40'11" West, a distance of 8~0.45 fee= to ~n iron rod found for co,er; ~CE Sou~h 37"13'59" West, a distance of 58.96 feet =o an ir~n rod foun~ for corner; T~CE South 09~12'18" East, a distance of 809.79 f~et to an"~rom rod found for corner; TH~CE South 10'27'44" East, a dista~ce o~ 246.66 feet ~o an lro~ rod fo~d for corner) THENCE Sou~h 11"47'42" East, a distance of 273.53 fee~ to an Iro~ rod found for corner; THENCE North 54~48'49# East, a distance o~ 88.17 ~eet to an iro~ r~ fo~d for corner~ THENCE North 69"06'~0" East, a dis=ance of 199.73 fee= to an iro~ r~ fo~d for corner; TH~CE North 80~47'47~ East~ a distance of 166.1~ fast to a~ iro~ rod fo~d for corner; THENCE North 80~39'45" E~st a distance of 633.2~ fee= ~o a~ Lron ro~ found for corner; THENCE North 65~43'07" Eas=, a distanc~ o~ 197.89 feet =o an 1.-~. r~ found fo= corner; TH~CE North 61"12'28" ~ast, a distance 0f ~01.9~ ~ee= to a~ $~'on ro~ found ~or corner; rod foun~ for corner; rod found for corner; THENCE North 20~4i'~.5" East, a distance of 201~24 faet to a~ .tro~ rod found for cornar; T~CT 5 Page 3 of 4 THENCE North 14~08'03" East, a distance of 63.15 feet to an ir0r~ rod found for corner; THENCE North 16'51'40" West, a distance of' 230.63 feet ~:o an iron rod found for corner; T~ENCE North 25e48~00" West, a distance of 300.34 feet to an i=o~n rod found for corner; THENCE North 41'13'00" East, a distance of 214.93 feet 1:o the POINT OF BEGINNING. Containing 103.224 Acres, more or lees. Note~: 1) Bearings Based on Port Arthur Land Co. subdivision as recorded in Volume 1, Page 24 of the Map Recoxrds, Jefferson County, Texas. 2) Drawing included on separate sheet. Mark W. Whiteley, R.P.L.S. TRACT 5 Pag~ 4 of 4 ~ecuber 14, 1994 ~aC ce~ 279.46 acre. of 1~ dal~l~ as ~FA~aC ~act" ~ed dat~ 2-2S-07 r~d~ An Vol~e OS ~ige AgO, ~ bcorde, ~effe~on Co~y, axecu2od ~ H.A. Ph~lli~ in fair o~ Gulf ~,~,n~ Co., .lmo ~.C11-14-8 r~ ~ V ~e 2 76~0~~na'o'~ac',1" 267, ~ bcorb, ~tf~erson ~-~e~t~ ~ Ttxa~, descr~d ~ ~ dasd 6-21-~3 r~ ~ Vela ~20 Page 44, Oecd RICOF~ ~ef~e~son Co.tM, aIM ~at c~ta~ 40 roo~ str~p of la~ ~g more ~l~ly da~L~d as "~acC 1" ~ ~efferson ~ky, oxe~ ~ ~e ~y of ~e~g~eon Am rlvor of ~ul~ Retinas9 Co., also ~aC X?S.09 acres as de~i~d-b~ da2od 10-30-1S recorded A~ VoX~ IS3 Page LX, bed Records, ~aff~son ~y, exe~t~ ~ ~e ~ua Co. la favor of GUlf Refining Co., also p~t of ~at 1.17 a~e ~aK d4lcri~ bM Deed ~eff~son ~t~, ~e~t~ by ~e ~tees of ~e Port ~nd ~. ~n favor o~ ~ Rer~g Co,, 8a~d 37~.7~9 acrom o~ a 0.034 a~ ~a~ II de~cri~d in Vol~e 2L9 Page 76; ~C~ Nor~ 01'15'31" Moa2, i ~sta~o o~ 8630.63 fee~ ~o ~in~ for ~er a~ the Nor~west8~l~ corner o~ ~0 ~lnt ~or ~er in ~e ~u~st~ly R~ght~f-Way line of 214~ ~you, a dls~nce of 1&26,87 f~et to a ~= for corner; concave to ~he north, having a rediui o£ $0,00 feet and · central angle of 138018~20"; · 'b~CB N~ 16'57'20" West ~ent to laid ~u, a d~i~a~ce ~CB ~o~ 45050;47e Wel~, a~o~ ~e Xo~ L~e of Mid ~CE No~ 87042'24" Meo~, I d~J~e o~ 60.09 ree~ ~0 a ~OC co~n~; for Corer; '- ' - ~c% sou~ 8o-3o,s~- ~est, a ~stancm o~ zo0.~6 feet to a ~oF co.er; ~CE Sou~h 7S'32'31u W~t, a diamante of ~23.4~ feet: to & ~ 8o~ 66eX4'2~w WeSt, a d~lC&~CI Of 92,2~ feeC tO a for corneF; ~CR Sou~h 59'56'40u west, a dist~ce of 1S6.GX feet to a ~or corn~; ~E Sou~ 4804S'0G~ WEB2, a distance of V0.0S fee~ to a ~CE So~ 32'46'~3" Mei~; a d~s~c4 o~ 107.22 ~eet ~o a goF co~ne~; for ~ Sou~ 01'46'02' West, a dls~ce of 6S,2S ~eet ~o ~ for ~rn~ ~ SOU~ 59'00~03" WSSt, a dts~l O~ 109,1~ ~ea~ t~ ~ ~ 6 ~lMm~, ~ Pa~o 2 off 3 ~or co~ ~ ~e No~erly ~t~-Way l~e or Pacific h~lromd (~sed on a LO0' ~t--o~-~ay) line, ~ diEt,aa of 2~32.23 f~ ~o i ~nt fo~ cornl~ ~ql~t~ of a curve t~e~ to Iaid line; ~CE sou~m~ly ~ moutherl~ a dls~an~ oE 1381.00 a ~nt for turner I~o~ ~e ~e c~ve ~ ~CE ~u~ i0'25'06~ Bas~ ~g~t ~ la~d ~o, a d~s~uce Of 1131.47 f~t to a ~nt for ~ ~ I ~t of ~e con,ye ~o ~e sou~s~ ~v~ a ~adl~ of 868.53 ~m Nor~ 27008,55u ~m2 303.85 foot, ma~d r~ also ~mq mt ~o intersection o~ sa~d No~erly l~ne and ~e ~esterly of 305.42 foot to 8 point got corner; ~CE NO~ 37'~4;24u B~2, along ~d ~ s~ld S0u~ern Pac~lc ~tlrond, a d~s~ance o~ 5029.71 ree~ to ~e ~ Containing 371,719 Acres, ~ra or llot~: 1) Biaringa Bored on ~or~ Ar~hu~ Land Co. Su~ivielon a; record~ in Vol~ 1, Paqe 24 of the Map Rec0rd~, Jefferoon cowry, Texao. 2) ~awlng i~clud~ on serrate Iholt. ~i~~,~ Pag~ 3 o~ 3 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.O.R.R. Co. Survey, Section No. 122, Abstract No. 486. the T. & N.O.R.R. Co. Survey, Section No. 121, Abstract No. 250, and the Franklin Baker Survey No. 2, being also called the John 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 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.O.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. & 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 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 Count5,, 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 1 I-6-17 as recorded in Volume 169 Page 88 Deed Records Jefferson, executed by John J. Wescott and wife, May B. Wescott In favor of Gulf Refining Co. also that certain 88.00 acre "First Tract" out of the Franklin Baker No. 2 as described in deed dated l t-6-17 as recorded in Volume 169 Page 88 Deed Records Jefferson county,, executed by J01m Wescott and May B. Wescott in favor of Gulf Refining Co., also that certain 39.8074 acre tract as described in deed dated 12-1-$2 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 Stale of Texas and Bob .~nmstrong, Commissioner of tlae General Land Office in t'avor of Gulf Oil Ce.. also that certain 10.0630 acre described as "Tract 2" in that certain deed dated 1 i- 1 4-80 recorded in Volume 2276 Page 267 Deed Records Jefferson county, executed by Texaco Inc. in fhvor Gulf Oil Co., also that certain 24.00 acres out of tile B. C. Arthur Survey, Abstract No. 61, Jefferson County, being more fully de3cr/bed as "Second" in that certain deed dated 1 1-19-4.; recorded in Voltmae 487 Page 72, Deed Records Jefferson County. executed bY Texas and Orleans Railroad Co. in favor of Gulf OiI Co,. also 16.54 acres viii of the T. &'N.©. R.R. C¢ Survey No. 121, Abstract No 250, as described in deed dared 4-4-51 recorded in Volume 806 Page 102, Deed Records Jeff!rson County, executed by Spence & Howe Construction Co. i2 favor of Gulf oi! Cia,: 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, lexas; TItENCE SOUTH 08° 09' 50" WEST for a distance of 6952.43 feet to a point for comer at the intersection of the Intracoastal Waterway Northerly Right-of-Way line as recorded in Volume 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 herei~ described; THENCE SOUTH 72°57'13" WEST, along and with the said Intracoastal Watenvay 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 WAP, R.&NTY DEED dated October 16, 2003, from IHE PREMCOP, REFINING GROUP, INC., a Delaware Corporation, to JEFFERSON COUNTY WATERWAY AND NAVIGATION DISTRICT, recorded in Clerk'g 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 between the said 394.130 acre tract and 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 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" WEST for a distance of 254.20 feet to a 5/8 inch iron rod with cap stamped "WORTECH". NORTH 34°50'59" x3,~EST for a distance of 130. t 2 feet to a 5/8 inch iron rod with cap stamped "WORTECH". NORTH 50°56'10" WEST far a distance of 7427 feet to a 5/8 inck, iron rod with ca? stamped "WORTECH'. NORTH 47003'54'' WEST for a distance of 232. t4 feet to a 5./8 inch iron rod with cap stamped "WORTECH". NORTH 36°05'34'' WEST for a distance 0f214.38 feet to a 5/8 inch iron rod vx'ith cap stamped "WORTECH". NORTH 30°33'50" WEST for a distance of 166~22 feet to a 5/8 inch iron rod wit5 stamped "WORTECH"; NORTH 43035'49'' WEST for a distance of' 54.37 feet to a 5/8 inch. iron r~d witl~: ca[: stamped "WORTECH'; NORTH 70°48'48'' V~EST for a distance of 32.86 feet to a 5/8 inci~ iron rod wi~h stamped "WORTECH"; NORTH 82°50'30" WqSST for a distance of 405.09 feet to a 5/8 inch iron rod witi: cap stamped "WORTECH"; SOUTH 55°0Y52,' WEST for a distance of 1.50.25 fe,~t to a 5/8 inch iron red v. it',; ca? stamped "WORTECH';.. NORTH 53°48'09'' WEST for a distance of 58.59 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 01o45'02'' 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 with cap stamped "WORTECH'; NORTH 05015'49'' 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 t~et to a 5/8 inch iron rod 'a,ith cap stamped "WORTECH"; NORTH 10053'54'' WEST for a distance of 259.58 feet to a 5/8 inch ~ron rod with cap stamped "WORTECH"; NORTH 47045'37'. WEST for a distance of 72.05 feet to a 5/8 inch ~ron rod with cap stamped "WORTECH"; NORTH 38°33'06" WEST for a distance of 220.02 feet to a 5/8 inch ~ron 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 74o24'03'. 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 04046'06'' EAST, along the common line between the said 394.1 30 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 394. 130 acre tract and the said tract herein described the following courses and d/stances; SOUTH 03°1 i'59" WEST for a distance of 30.03 feet to a 5/8 in~:h iron rod; SOUTH 30°03'18" WEST for a distance of 39,95 feet to a 5/8 inch iron rod; SOUTH 46°45'4t" WEST for a distance of 39.89 feet to a 5/8 inch iron md; SOUTH 58°37'27'' 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 rodl SOUTH 71°20'22" WEST for a distance of t09.19 feet to a 5/8 inclx iron rod; SOUTH 76°54'14" WEST for a distance of 70.88 feet to a 5/8 inch iron rod; SOUTH 86°43'18'' WEST for a distance of 50.37 feet to a 5/8 inch iron rod; THENCE in a Northwesterly direction along the con~mon line between the said 394.130 aa'e 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 incl,, iron foci: NORTH 02°I3'50" WE, ST for a distance 0£89.07 feet to a 5/8 inch iron rod: NORTH 5I'i 1'11" WEST for a distance of !7.68 feet to a 5/8 inch iron r<~d; Page 3 o~ 7 NORTH 08°06'45'' ~rEST 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 54006'47" 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 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 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 cormnon 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 ironrod; 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 89°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 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" WEST for a distance of 206.57 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 02010'39" WEST for a distance of 99.85 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 18'54'55" EAST for a distance of 239.18 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 12°09'3Y' WEST for a distance of 527,03 feet tv a 5/8 inch iron rod 'Mth 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 Westerly line of the said TR~&CT 7 and also being in the Westerly line of the said Tract 2: THENCE NORTH 01°41'46" EAST, along the said Westerly line of the said TFc=XCT 7. t?.e said Tract 2 and the tract herein described, far a dista~ce of 496.50 feet to a Gulf monu~z~ent for comer; THENCE NORTH 88° 06' 49" WEST, along and with a Southerly tine of said TR_q, CT 7 and the said tract herein described, a .d~s*_ance of 2169.10 feet, to a point ~'er corner in the S c~utheasteriv line of tbs Jefferson Co,tv Draina~ze District No. 7 Main ©athil Canal, said p~int also k'eiri'e thc Southwesterly comer of th~l certain-Tract 3 of said 142.839 acres: P~ge 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 p°int 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 TRACT 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° 4Y 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 corner; 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 358189 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 '~' THENCE NORTH 18° 06' 28" WEST, along and with the Westerly line of said 10,O630 acre tract and a Westerly line of the said TRACT 7 and the said tract herein described, a distance of 100.26 feet to a point for comer; THENCE contintfing 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" v~q~ST, a distance of 99.75 feet, to a point for comer; NORTH26° 44 ....... >0 EAST, a dtstance of 104.69 feet, to a >;8" tach' iron r6d for comer; NORTH o> ~4 15" ',; EST. 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 51o ' 05 .~-_. WEST, a distance of 568.96 feet, to a point 5~r comer; NORTH 38o 54'_;8" East, a distance of 100.00 feet, to a point for comer in the Soum~,~ Right-of-Way line of the Southern Pacific Railroad (based on a 100 foot R:ght-oJt-VVav' and the most Nm~erty comer of the said TRACT 7 and the said tract herein described: THENCE SOUTH 5 l ° 05' 31" EAST, along and with said Southerly Right-of-X,', ay linc and Northerly line of said 'FRA, CT7 and the said ....... tiact hereto described, a distance. 0f276_ 1.48 ,~-'~.~. to the beg,.~ning ora curYe conca,,:e, to th. Su. tl2~,est ha,lng a ~ad~t ~ o~ te,=_',~._ .... o ,..t, and a pa§e 5 of 7 angle of 40° 40' 25" and being subtended by a chord which bears South 30° 45' 19" East 12~2.67 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 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 Gulf0il. Co. as recorded in ¥olume 1436 Page 97, Deed Records, Jefferson CounU, Texas; THENCE SOUTH 28° 03' 49" WEST, along the Easterly tine 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 TI~CT 7 and the said tract herein described, a distm~ce of ! 00.86 feet to a point for comer hq the Westerly line of State Highway 87 for the beginning of a curve tangent to said line; THENCE 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 a point for comer along the curve concave to the east, having a radius of 354.34 feet, and 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 following courses and distances; SOUTH I 0° ! 7' 36" EAST tangent to said curve, a distance of 147.00 feet, to m~ iron 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° 42' 33" EAST, a distm~ce 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 beglimning ~f a curve tangent to said line', THENCE Southerly along the said Westerly line of State Highway 87 and the Easterly iineot the said TRACT 7 and the said tract herein described, a distance of 766.64 feet, to a comer along the curve concave to the east, having a radius of 5779.64 feet, and ~ cent?al aagis 07° 36' 00'; THENCE SOUTH 18° 01' 06~' E, AST. along the ~aid Westerl? line o~ St~v: ~Sgh,,v~_~: Easterly line of the said TRAC~ ? and tl-:e said tract l'~erein described, ta:~gent to saSci distance of I601,58 feet to a poiz~,~ for comer: Page ~ of 7 THENCE SOUTH 17° 59' 37" EAST, along the said Westerly line of State Highway 87 andthe 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; T~IENCE SOUTH 17° 07' 06" EAST, along the said Westerly line of State High~vay 87 and the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 9 8 8.17 feet to the POINT OF BEGINNING, containing 1161.0954 Acres, more or less. Notes: 1) Beatings Based on Port Arthur Land Co. Subdivision as recorded in Volume I, Page 24 of the Map Records, Jefferson Count3,, Texas. December 14, 1994 ~.O.B~9~ Being a 1151.947 acre tract or p~cel out of th~ T.& S~ey ~s~act No.'s 279, ~80, 281 and 282 and ~ar= cer=ain 1158.220 acre tract as conveyed by Correct,on Deed dated 6-15-54 d~s~ribed ~ Vol~e 946 Page 461 D~d Records, jefferson Cowry, Texas, executed by W. P. H. ~cFaddin et al, Gulf Refining Co., C0~CING at Gulf mon~ent fo~d for the southwes~ cormer of a 0.034 acre tract as described i~ Vol~e 219, Page 76, Records, Jefferso~ County~ Texas; THENCE North 88~02'S7' We~t for a dlsta~ce of 7651.8~ feet t0 th~ POI~ OF BEGI~ING of the Trac~ herein descr~bed~ TH~CE North 10~41'30' East, along the Easterly line of ~aid Survey No. 282, a d~s~ance of 5713.10 feet , ~o a poin= for corners TH~CE North 01~41'54" ~as~, along the Easterly bank of Tay~0rs Bayou, a distance of 79~.29 feet to a point for corner; T~NCE along and with the meanders of Taylors ~ayou the fol0w~ng co~ses and distances= North 65~50'55- West, a distance of 185.16 fee~ Nor~ 65~16,37- ~est, a distance of 214.32 feet; North 82~52,05. West, a d~stance of 157.57 feet; South 83~24'0S' West, a distance of 224.05 south 83'05'41' Wes= a dls~ance of 210.13 fee=; South 77~02'38" West a dist~ce of 208.07 South 78~30'24. West a dis=ante of 272.02 feet~ SOU~ 85~22'58. West a dis=ante of 242.25 Sou~ 89~26,42. West a distance of 242.77 North S9~05'59. West a distance of 170.97 fe~t~ North 83'33'43" West a d~tance of 201.28 feet} North 83~24,04. Wes~ a d~stance of 21~.13 South 89~57'31" West a distance o~ 18~.34 feet; North 85~44,59- W~st,' a dis=ante o~ ]17.24 feet; North 88~22,46. W~St,..a ~l~ance of 210.22 South 76~06,18" West, a distance of'13~.90 T~CT 8 Page 1 of ] South 67'39'43' West, a distance of 143.32 feet; South 74'17'17e West, a dis=ants of 205.93 feet; Sou~h 49'47'10" West a distance of 425.16 feet; South 39o13'21" West a distance of 268.89 feet; North 71'02'32fl West a d~st&nce of 39.2S feet; South 75'08'56" Wast a distance of 413.98 feet; North 7S'30'55" West a distanoe of 318.06 feet; North S6e19'S5'' Wast a diet&nee of 143.87 feet; North 49,0S'38" West a d~stance of 248.38 feet; Nor~ 37'15'09" Wel~ a d~stance of 236.94 fae~; ~or~ 27e28'11" West a diG=ante of lS8.22 Nor~ 43~56'45' West a dis=ance of 95.94 feet; Hor~ 72~11'56" West a ~s=ance of 116.30 fee=; Nor~ 66~09'59" West a ~is=ance of 197.2~ feet; So~ 84~00'38" West a d~s=ance of 121.65 fee~; Sou~ 79'42'42N West a ~sta~oe of 175.G~ feet; South 41~59'51" West a ~sta~oe of-1.8B.18 fee~; South 38~34'02N West a distance of 3G4.43 feet; South 46~36'31" West a dista~c~ of 326.13 feet; South ~7~39'38" West a distance of S02.21 fee=; South 69e00'~6fl West a distance of 286.48 feet; SG~ 84'04'18" Wes= a ~ista~ce of 191.~8 feet; North T2o3G'35' west a ~is=ance of 373.9~ feet; Notch G3'04~55" West a dis=ante of 253.47 feet; North 48'15'22" West a'dis=ance of 227.17 feet; North 45~23'3Gfl West a distaste of 371.40 feet; North 52~54'54fl West a dls=ance of 83.38 feet; So~h 19~06'33' West, a distance of 19~.G6 feet; South 28'05'oB" West, a dLstance of 175.5e fee~; TH~CE SQ~=h 03~55']0'' West, a ~istance of 5167.17 feet =o a point for corner; THENCE South 86~0~'57" East, a distance o~ S203.37 feet =o ~he POINT OF BEGI~ING. Con=aiming 1151.947 Acres, more or Notes: 1) Bearings Based on Pot= Arthur Land Cc. Subdivision as recorded in Volume X, Page 24 of the Map Reo0rds, Jefferson County, Texas. 2) Drawing included on sepsrata shest. Mark W. Whitsley, R.P.L.S. No. 3636 · TRACT 8 Pag~ 2 of ~ December 14, 1994 TRACT g Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 120.517 acre tract or parcel of land situated in ~'he · Texas and New Orleans Railroad Survey, Section 122, Jefferson County, Texas and being out of a 533.61 acre tract or parcel of land described in deed from W.P.H. MoFaddin to Gulf Refining Company, dated June 11, 1924, recorded in Volume 240, page Deed RecordS, Jefferson County, Texas, and also the remainder of a 57.00 acre tract or lgaroel of land d~soribed in deed from W.P.H. MoFaddin to Gulf Refining Company, dated January 30, 1923, recorded in Volume 223, 'Paqe 286, Deed Records, jefferson County, Texas, said 120.517 acre tract being more particularly as follows: COMMENCING at a Gulf monument found for the Southwest =caner of a 0.034 acre tract as described on Volume 219 Page 75, DEed Records, Jefferson County, Texas$ THENCE South 33'30'21" West, a dlsta~ce of 10,372.12 feet to a point for the POINT OF BEGINNING; THENCE South 88e19'05" East, a distance of 5595.70 feet: ~o a Gulf monument found; THF-/qCE North Ole2s'44" East, a distance of 31.96 feet to a for corner; THENCE Nort~ 01~42'37'' East, a distance of 1656.S0 feet to point for corner; THENCE North 86~43'18~ We~t, a distance of 570,31 ~8et2 to a for corner; TH~/~CE South 72~57~'22" West, a distance of ~00.00 f~st tca for corner; TRACT 9 Page ~ of ~ THENCE South 72°$7'02" West, a distance of 5207.42 fe~ to the POINT OF BEGINNING and oo~taining 120.517 Acres, more or less. Notes~ 1) Bearings Based on Port Arthur Land Co. subdivision as recorded ~ Vol~e 1, Page 24 of ~he Map Reco=~, =ef~erson County, Texas. 2) Drawing included on seperate sheet. TRACT 9 Page 2 o£ 2 December 14, 1994 T~tACT 10 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson Countyt Texas .. . Being a 0.761 acre tra¢~ or parcel of land situated in t:he B.C. Ar=hut Survey, Abstract No. 61 and also ou~ of Blocks Two, Three, and Four (2,3,&4) in Ranges P and Q of =he lands of ~e Port ~ur Land Company, Jefferson Cowry, Texas and being in ~eed from Por~ ~thur Land Company to Gulf Refining Company dated Nove~r 11, 191] recorded In Volume 140, Page 216, Deed Records~ Jefferson County, Texa~, said 0.761 acre tract more p~t~larly described as follows: CO~CING at Gulf mon~ent =ound for the southwest oor~er 0.034 acre tract as described in Vol~e 219, Page 76, of the De~d Records, Jefferson County, Texas~ TH~CE North 12~5~34" W~st, a distance o~ 6859.46 fee~ ~o poin= for the POINT OF BEGINNING of Che herein described TH~CE Nor~ 37~14'24" Eas~, a dis=ante o~ 2284.66 feet to point for corner~ ~or corner ~ for come= ~ TH~CE South 31'24'41" West, a distance of 201.05 f~et to for corner; T~ENCE South 38'17~23'' W~, a distanc~ of 1659,94 fee't =0 POINT OF BEGI~iNG mhd containing 0.7el Acres, mor~ or T~CT 10 Page I of 2 Note: 1) Bearings based on Port Arthur Land Co. Sub~ivis£on a~ reoorded in VolU~ne 1, Page 24 of ~.he Map Re¢orc~s, Jefferson County, Texas. 2) Drawing Included on seperate sheet. Mark W. Whitelsy, R.P.L.S. No. 363 . F: \'dP~O~DA T A ~,T J~ A~:T'lo Ti~ACT 10 page 2 of 2 TRACT 11 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 4.123 acre tract or parcel of land situate~ in the and New Orleans Railroad Company Survey 121, Paten~ #4.3:~, Volume 13, Jeffereon County, Texas an~ des~ibea tm dee~.from _T?X~s New Orleans Railroad Company =o Gulf Oil Corporation, Jefferson County~ TeXaS~ sa~d 4.123 acre oreo= me~n~ ~ particularly ~escribe~ as follows: CO~CING at Gulf monumen~ found for ~e sou=hwes~ corner 0f 0.034 acre tract as described In Volum~ 219, Pa~76, of =he Records, Jefferson County, Texas~ TH~CE North 56°%2'06" We~=, a ~isCance of 7792.78 ~ee~ to a point for the POINT OF BEGI~ING of the h~ein described tract THENCE Nor~ 71~40'55'' West, a distance of 72.59 fs~t =o a point for corner; TH~CE North 85~42'30" West, a distance of 94.38 feat to a for corner; THENCE So~=h 11"09'05'' East, a distance of 1558.28 fe~t tca point for corner; TH~CE North 04"23'08" East, a distance of 310~32 f~at ~o a for corner; TH~CE North 10~25'51" W~st, a distance of 204.78 fa~t to a for corner; THENCE North 21:07 49" East, a distance of ~06.5~ feet ~o ~ poimt for corner; T~CT 11 Page 1 of 2 THENC; Nor't::h 10.25"07" West~, a distance o~ 903.68 ~:'est -17. o the pOINT OF BEGINNING and containing 4.123 Acres, mo=e or less. Notes: 1) Bsarings Based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2) Dr&wing included on sepsrats sheet. Marx w. Whiteley, R.P.L.S. No. 3636 F t \t4~50 ~ATA%TRACT 11. TRACT 11 Page 2 Of 2 ~TT~CHMENT B- _t STATE OF TEXAS § COUNTY OF JEFFERSON § PORT ARTHUR COKER COMPANY L.P. REFINERY EXPANSION PROJECT TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN THE 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 Port Arthur Coker Company L.P., (hereinafter referred to as the "OWNER"), a 'L'imited Partnership, 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 Feed Rate Expansion 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 "COURI"), 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 the, 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 1 st 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 abatement 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 Value" 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 tl~rough 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 which is not attributable to the use of Direct Hire of Local Labor or 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 (LS). 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) 1st YEAR 2005 100% 2'a YEAR 2006 100% 3r'~ YEAR 2007 35% 4t~ YEAR 2008 55% 5th YEAR 2009 75% 6~h YEAR 2010 80% 7th YEAR 2011 90% SCHEDULE B For the portion of the value of Eligible Properties which is provided by Local Subcontractors: YEAR OF ABATEMENT PRELIMINARY ABATEMENT PERCENTAGE (PAP) 1st YEAR 2005 100% 2~a YEAR 2006 100% 3~dyEAR 2007 35% 4th YEAR 2008 40% 5th YEAR 2009 60% 6th YEAR 2010 80% 7th YEAR 2011 85% 8th YEAR 2012 90% 9th YEAR 2013 95% l0th YEAR 2014 100% When constmcti0n~.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 O%~ER to determine: 4 (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 value of Eligible Property for which no abatement will be granted (Ineligible Property). When the values have been determined as provided by the preceding Paragraphs the Local Labor Percentage (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 sum of the two products. The Final Abatement Percentage flAP) shall be the percentage of the value of the Eligible Property which wilt 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 IIL 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, 2004 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 all 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 the 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 tull 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 'gt~bject to the penalty of this Article. Any recapture hereunder shall be payable within sixty (60) days of written notice. OWNER shall certif.v 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 expand the de-coker unit at the Port Arthur refinery to 99,700 BPSDD from its current capacity of 80,000 BPSD. To accomplish this expansion, the OWNER will revamp and replace existing equipment and other offsites, utilities and infrastructure. Total construction cost is estimated at Twenty-Six Million Dollars ($26,000,000.00). OWNER represents that it intends to request from the TCEQ exemption of ad valorem taxes for pollution control equipment with an estimated value not to exceed $600,000. OWNER acknowledges and understands that in the event the TNRCC exemption of this project exceeds $600,000 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. O~2',TER agrees and warrants that all improvements shall be completed in accordance with all applicable laxv. 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 REINVESTMENT 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 OWNER if the OWNER fails to commence construction of the PROJECT described in' A.,~,icle VII above within txvo (2) years from the effective date of this AGREEMENT, fails to construct the PROJECT described in ?a'ticle 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. Should the COUNTY determine the OWNER to be in default in this AGREEMENT, the COUNTY shall notify the OWNER in writing 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 OWNER'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 become 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 the COURT. In the event of termination pursuant to the provisic~ns of this Paragraph, the abatement of the taxes for the calendar year during which the PROJECT no longer produces shall terminate and the taxes due shall be paid to the COUNTY prior to the delinquency date for such year. In such event all taxes previously abated shall be recaptured and paid xvithin sixty (60) days of the termination. IX. ADMINISTRATION This AGREEMEN~ shall be administered on behalf of the COUNTY by the COLq~T and/or other persons appointed by the COURT. The OWNER shall allow authorized employees and/or representatives of the COUNTY who have been designated and approved by the COURT to have access to this PROJECT during the term of this AGREEMENT to inspect the PROJECT 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 ~vill 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 determine 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 O~VNER shall furnish 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 OWNER thirty (30) days written notice of such termination. If OYVNER believes that such termination is improper, OWNER may file suit in a court of competent jurisdiction in Jefferson County, Texas, appealing such termination within ninety (90) days after receipt from the COUNTY of written notice of the termination. If an appeal suit is filed, OWNER 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 ObVNER'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 9 Code. If the final determination of the appeal decreases OWNER'S tax liability, the COUNTY 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, percentage 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 OW-NER under the same or similar circumstances would consider to be harmful to its business operations. O~VNER'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 Court, 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 defense of the same) arising in favor of other governmental entities and t0 agencies or third parties (including employees of OWNER) as a result of or arising out of the 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 um-easonably 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. XI¥. AUTHORITY OF AGENT By acceptance of this AGREEMENT and/or any benefits conferred hereunder, O~ER represents and warrants that its undersigned agent has complete and unrestricted attthority to enter into this AGREEMENT and to obligate and bind O~¥~ER to all of the tenns~ covenants and conditions contained herein. XV. NOTICE Any notice requ}red to be given under the provisions of this AGREEMENT shall be in writing and shall be duly ~¢rVed when it shall have been deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or certified, return receipt requested, in a 11 United States Post Office, addressed to the COUNTY or OWNER at the following addresses. If 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: Port Arthur Coker Company L.P. Port Arthur Coker Company L.P. c/o Don J. Kuenzli, Refinery Manager c/o Jeff Dill, Legal Department The Premcor Refining Group Inc. The Premcor Refining Group Inc. 1801 S. Gulfway Drive 1700 East Putnam Avenue Port Arthur, Texas 77642 Old Greenwich, Connecticut ~66870 TEL. (409)985-1000 TEL (203)698-7566 Port Arthur Coker Company L.P. c/o John Tullie, Tax Department The Premcor Refining Group Inc. 1700 East Putnam Avenue Old Greenwich, 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 agree.that this AGREEMENT contains all of the temps 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. 12 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. Executed this the ~,~ - dayof ..v..~,~[~, 2004. FOR THE/COUNTy: FOR THE OWNER: Judge Carl R. Griffith, Jr. Don J. uK~enzli Jefferson County Judge Refinery Manager Port Arthur Coker Company L.P. 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. Alfi'ed, Commissioner Pct. No. 4 Honorable G. Mitch Woods, Sheriff Honorable CaroD'n L. Guid~T, County Clerk- -the ~bllowing proceedings were had and orders made, to-wit: NDA II'.F.M NO.~ 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 0f Commissioners Court of Jefferson County; :'- ' Texas, held on the 15th day of l~lovember ,2004, on motion made by Jl.t-ffilE P. COKINOS , Co~rmfissioner of Precinct No. 1 , and seconded by I!VEPaZTrE D. Al,mUm , Commissioner of Precinct No. 4 , the following Order was adopted: WHEREAS, the Co~auissioners Court of Jefferson County, Texas desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in the couaty 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 h~c. facility near Port Anthur a reinvestment zone, pursuant to Sec. 312.201, Tax Code (The Property Redevelopment and Tax Abatement Act). IT IS THEREFORE ORDERED BY THE COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS: Section 1. That tl~e Cmnmissioners Court herbb/desio~nates the Premcor Refining Group Inc., 1801 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 ali purposes, as a Reinvestment Zone (the "Zone'i). Section 2. That the Commissioners Com't finds that the Zone area meets the qualifications o;' the Act. Section 3. That the Commissioners Court has heretofore adopted Guidelines and Criteria for Granting Tax A10~tements in Reinvestment Zo,ues in Je.ffcr$on County, Texas. Section 4. That the Con:nfissioners Cou:t ~eld a public l'~earing to consider this Order on November 15, 2004. Section 5. The Comn'fissioners Court 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 wduld contribute to the 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 thisl5th day of }lovember , 2004. ' ' .-42OmtVlISSIONER JllVlMIE P. CO~S COM~ISSlO~R w~Ogb, hX~ Precinct No. 1 Precinct No. 3 __ [ ) ~OmMISSIONE~ M~< L~~iM~O~ER EV~TT~D. ALFRED~ Precinct No. 2 Precinct No. 4 /J T 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 I5 A TRU~ COPY Witness my Han~ and Sea! ot Office t4OV g ~ 2004 CARO!YN L GUIDR¥ COUNTY CLERK P.O, December 14, 1994 409/.~24~1 ~ACT 1 Chevron U.S.A., Inc.- Port Arthur Refinery Jefferson County, Texas Being a 34.475 acre tract or parcelof land situated in ~be B.C. Arthur Survey, No.227 and in Range 1, Block Humber 2 and R~nge Q, Block Number Two (2), Jefferson county, Texas and being out of a 49.57 acre tract or parcel of la~d described in deed from Joe Stewts, Will Ste~rts, Mrs. Oriella Dupont, and her husband John Dupont, and David E. O'Fiel to Gulf Refining Company, dated July 3, 1914, recorded in VolUme 658, Page 112, Deed Records, Jefferson County, Texas, said 34.475 acre tract being more particularly described as follows: COMZ~ENCING at Gulf monument found for the southwest corner of a 0.034 acre tract as deacribed in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas; THENCE North 41o13'45" East for a distance of 1939.$5 feet to a found Gulf monument 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 monument in the south line of West Seventh street; THENCE North 41'2~'00' East for a distance of 2301.30 f~et to an iron rod set for the POINT OF BEGINNING of the herein described %~ tract; THENCE South 48.34'25" Eas~, a distance of 998.Sl feet ~o a poimt for corner~ THENCE North 41~16~34' East, a distance of 1459.56 fee= to a point for-corner~ THENCE North 48~44'04' West, a distan=e of 945.01 feet to a point for ¢orner~ THENCE ~or~h 41~16~4~" East, a distance of 668.~8 feet to a poim= for corner in the westerly right-of~way line of State Highway Page 1 of 2 Z2/16/94 08:56 ~409 892 1348 ilW WHiT~t,b;¥ l,~ ~... THENCE North $1°30'58" West, a distance of 53.36 feet =o a for corner in the westerly right-of-way line of State Highway Sp~r ~-141 THENCR South 41J17'24" West, along and with the southerly right- of-way line of county roadway a distance of 2132.54 feet to the POINT OF BEGINNING and containing 34.475 acres o~ land, more or less. Notes: 1) Bearings BaSed on Port Arthur Land Co. subdivision as recorded in volume 1, Page 24 of the Hap Reco=ds, Jefferson County, Texas. 2) Drawing included on seperate sheet. Hsr~ W. Whiteley, R.P.L.$. No. ~u~ ~ f :\~p~KI~ATA\T~CTI TP, ACT ~] Page 2 of 2 TRACT 2 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County~ Texas Being a 40.410 acre tract or parcel of land situated in the B.C. A~Tth~r Survey, No.227, and being part of Blocks Two and Three (2 & 3) Range P, and Block ~o (2) Range Q, Jefferson courtt~y~ Texas and being out of a 44.88 acre tract or parcel of' land described in deed from Holland Texas Hypothesk Bank to Gulf Refining Company, dated Nove~ber 11, 1915, recorded in volume 151, Page 627, Dee~ Records, Jefferson County, Texas~ said 40.410 acre tract being wore particularly described as follows: COMMF/4CING at G~llf monument found for the southwest corner of a 0.034 acre tract as des~rib~.d in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas~ THENCE North 41~13'4S~l East for a distance of 1939.55 feet to a found Gulf monument in the wast line of a sixty (60) foot counUy roadway7 THENCE North 48~42'36" West for a distance of 928.]5 feet to a found Gulf mon~u~ent in the south l~ne of West Seventh Street; THENCE North 41~24'00n East for a distance of 2301.30 feet to a point for corner ~ said point also being the northwss~ corner of the 34.475 acre tract described as Tract 1~ THENCE North 04~37'19" East for a distance of 231'.49 feet to ar~ iron rod set for the POINT OF BEGINNING Of the .herein described tract; THENCE North 02~02'37" WeSt, along and with the southerly right- of-way of a sixty (60) foot roadway, for a distance of 26§5.73 feet to a point for corner in the westerly right-of-way l£n~ of State Highway Spur 214~ THENCE South 48~42'36" East, along and with the westerly righ~-- of-way line of State Highway Spur '214~ for a distance of 1822.4~ fee= to a point for'corner in the westerly right-of-way line of State Highway Spur 214; TRACT 2 Page I of 2 ~.2718/94 08:57 "g3'409 892 1346 aw n,uA~.~,t.~,z .~.v ~ THENCE South 41o17'24" West, along and with the northerly right- of-Way line of county roadway; f?r a distanoe of 1931.70 feet to ~he POINT OF BEGINNING and ¢onta~nin~ 40.410 aores of land, ~ore or less. Subdivision as No~es: 1) Bearings .~ased on Por~ Arthur Land Co. recorded an Volume 1, Page 24 of ~he Map RecOrdS, Jefferson County, Texas. 2} ,Drawing included on sepera=e sheet. Mark W. Whiteley, R.P.L.S. ir: %byr00'~ATA\T~,ACT2 ,)~i TRACT 2 page 2 of 2 ~.O, BO~ &lg2 December 14, 1994 TRACT 3 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 554.093 acre tract or parcel of land ~ituated in the B .C. A~thur Survey, No.227 a~d in Ranges P and Q, Blocks 2, 3, and 4 (2,3 & 4), Jefferson County, Texas and being a tract or parcel of land described in deed from Port Arthur Land' Company to Gul~ Ref4_ning Company, dated Novembe= 11, 1913, re¢orde~ in Volume 140, Page 216, Deed Records, Jefferson County~ Texas, an~ 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' 632, Deed Records, Jefferson Count~,, Texas, and a tract or parcel of land described in deed from Pork Arthur Land Company to Gulf Eefining Company, dated January 11, 1902, recorded in Volume 56, Page 160, Deed Reoords~ Jefferson County, Texas, said 584.093 acre tract being more particularly described as follows: COM~(ENCING at a Gulf monument found for the southwest corner of a 0.034 acre tract as described in Volume 219, Page 76 of the Dead Records, Jefferson County, Texas; THENCE North 37~.29'18" West for a distance of 1009.73 to a ~o~nt for corner; said point also being the POINT OF B~GINNING of =h~ herein described tract; THENCE North 41°40'36" West along and with the easterly line o~ Kansas city Southern railroad right-of-way; for a distance of 3988.28 feet to a point for ¢orner~ THENCE North 10~25'06" West for a distance of 95.85 feet to a point for corner; THENCE North 06~4~'8§" West for a aistance of 46.?~ feet to = point for cornet .for the beginning of a curve to the right; TRACT ~ ~age 1 of 3 THENCE continuing along and with right-of-way line of Highway 8?, in a northerly direction along said curve to the Right having a Radius of ?88.52 feet, a Central Angle of ~0o37,47~, a chord which bears South 11°54'24~ West 65?.23 feet, for an Arc length of 679.11 feet to a point for corner in the south right-of line of State Highway THENCE North 37°14'24" East, along and with the south right-of- way line of Sta~e 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-of- way line of state Highway 87; for a distance of 22~. 19 feet ~c point for corner in the south right-of-way line of state Highway THENCE South 49~46'16" East, along and with ~he south right-of- way line of State Highway 8?; for a distance of 60.01 feet to point for corner in the south right-of-way line of State Highwa~ THKNCE North 38~17'24" East, along and wi~h the south right-of- way line of State Highway 8?; for a distance of 1850.06 feet to a point for corner in the eout~ right-of-way line of state Highway T~ENCE South 51~42'3~" East, along and with the south right-of- way line of State Highway 87; for a distance of 13.99 feet 20 point for corner in the south right-of-way line of Stare THENCE North 38~17'24" East, along and with the south right-of- way line of S~ate Highway 87; for · distance of 172.65 feet to 9oint for corner in the sou~h right-of-way line of State 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 ~outh 48°42'36~ East, .along and with the west li~e of State Highway Spur 214[ for a distance o~ 2486.19 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 cor~er in the no=Ch right-- of-way li~e of West'Seventh Street; TRACT 3 Page 2 of 3 way .li.ne_ £ · ~ .... ~ ~h~-o~-wav line of WeS~ S,wn~h S~ree= I TH~CE Sou~ 48~42'36" Sas=, along and wi~h ~he north rig~t-of- way line of West seventh Streetl for a distance of 66.00 feet =o a point for corner; TH~CE Nor~ 41'17'24" East, along and with ~he north right-of- way line of West Seventh Street and ~e no~ line of T=act 4; for a distance of 1787.05 fee~ to the poin~ of Beginning and 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 separate sheet. Hark W. Whiteley, R.P.L.S. No. 3636 \; '-..?~ 3636 ~.' TRACT 3 page 3 of 3 TRAOT 4 CheVron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 40.511 acrs tract or parcel of land described in that certain dead from Port Arthur canal and Dock Company to Gu-lf Refining Company dated tune 28, 1922, recorded in V01ume 213, Page 2S9, Deed Records, Jefferson County/ Texas, and also a Quitclaim Deed from Port Arthur Land CompS. ny. t.o ~u.lf 0£.1. 93t Deed Records, Jefferson coun~y~ Texas ea~u ~u being more particularly described as follows: COHMENCING at & Gulf monument found for the sou~/~west corner of 0.034 acre er&or as described in Volume 219~ Page 76 of the Dasd Records, Jefferson County, Texas; THENCE North 41~1~'00" East, for a distance of 110.93 feet to a point for the POINT OF BEGINNING of the herein described THENCE continuing in a northerly direction along a curve to the Right havi~g a Radius of 714.50 feet, e Central Angle of 12~02'10", · chord which bears North 47~56'09" West, for an Arc length of 150.10 feet to a point for corner; THENCE Nore. h 41'40'36" West, along and with Kansas City Southern right-of-way for · distance of 816.85 feet to a point for THENCE South 41~17'24~ West~ a distance of 20.15 feet to a 9oint for corner; THENCE North 41~40~35" West/ a distance of 30.00 fee~ to a ~0£nt for oornsr~ ~n the north line of the abandoned West Seventh Street; THENCE North 41"17'24" East, along the north right-of-waY line of the aban4oned West Seventh S~reet and t. he south line of Tract 3 distance of 1743.0~ feet to a point for corner; TRACT 4 Page I of 2 THENCE South 48'42'36" East, a distance of 988.35 feat =o a point for corner ~ THF~NCE South 41e13'45# West, a distance of 1828.62 fee= ~:o the POINT OF BEGINNING and contai~ing 40.502 acres of land, more or Notes: 1) Bearings Base~ o~ port. Arthur Land Co. su~ivt~ton as recorded in Volume 1, page 24 of the Map Records, Jefferson County, Texas. 2) Drawing included on separate sheet. Mark W. Whiteley, ----' TRACT 4 Page 09:05 9409 892 1348 #W ~HITI~LE¥ 1~¢ qdv,v TRACT S Chevron U.S.A., Inc. -Port Arthur Refinery Jefferson County, Texas Being a 103.224 acre tract or~ parcel of lan. d out of and part of that certain tract or parcel of land descrLbed by Deed dated 1- 11-12 recorded in Volume 126 page 194, Deed Records, Je.ffers0n COUnt executed by ~he Texas New orleans Railroad Co. of GulY~ Refining CO., also that 16.17 acres desOri, b_e?_b__y~Dsead dated 12-3-46 recorded in Volume 6S1 Page 74; Deea ~=~&v , jefferson County, executed by Por~ Arthur Cana. 1 an.d. Do_c.k favor .of _Gulf Oil Co., also that 37.06 acres aescrlned Dy dated o I 22 recorded in Vol%Lme 222 page 483, Deed Records, arson Count , executed by G. N. Bliss in favor of Gulf Jeff Y . TraC~ 2 in Deed Refinin Co., also that certain parcel kno_w~ a_s _ _ g- - 2 recorded in VolUme 219 Page ?6, ueea Keo.oras, dated 6 28 2 ~ .......... ~ *-~ ~ock Co. In favor of J f .... Y ..... ~fl ~ere described in Deed dated Gulf Re~lnLng co. ~ also una~ ~ ....... s 7- -14 recorded in Volume 145 Page 120, Deed Records, Jefferson County, executed by ocs 5=ewes, eu ~,.-.: - . ....... so that certai~ 7.40 acre tract aesorlDed Dy Co., al . . ' ....... ~ n,a& Records, Jefferson 1-16-22 recorded in Volume zl: r~= ~-f, r----_-- , ,l..-. - -~ Port ~thur Rice HLlll~g co. ~ ~ Co~ty, executed by For~ Refining Co., als6 that certain 0.43 acre Quitclaim Deed dated 6- 28-22 recorded in vol~e 222 Page 328, Deed Records, Jefferson Cowry, executed by The Trustees of the Port Arthur Land Co. favor of Gulf Refining Co., also that certain Trac~ ~o~ Tract 3 as described in Volume 95 Page 499, Deed Records, Jefferson County~ also that certain 45.80 acre as described by Deed dated 2-7-02 recorded in Volume 57 Page 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 Deed dated 1-11-02 re=ordeal Vol~e 56 Page 160, Deed Records, Jefferson county, al~o out of and pa~ of that c~tain 19.50 acre tract as described by Deed dated 12-14-01 recorded in Volume 55 Page 344, Deed Records, Jefferson County, executed by the Trustees for the Per= Arthur Land Co. in favor of J. M. Guffey Patrole~ Co., also that certain 1.11 acre tract described as ,,SECOND T~CT" in that certain Deed da=ed 2-26-07 recorded in V01~e 95 Page ~99, Deed Records, jefferSon.County, executed by H. A. Phillips in favor of Gulf Refining Co. '~ said 103.244 acres being more particularly described 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 for corner in the Southerly Right-of-Way line of the Kansas City Southern Railroad; THENCE, a curve to ~hs Right, along said Southerly Right-of-Way line, from vhose the chord bears North 48'28'13" West, a distance of 138.90 feet, along the curve concave to the northeast, having a radius of 794.50 feet and a cent. re1 angle of THENCE North 41"40'36" West, a distance of 4754.9? fee= to point for the intersection of said Southerly Right-of--Way and the Easterly Right-of-Way line of State Highway 87; . THENCE South 10'25'06" East, along said Highway Right--of-Way line, a distance of 277.39 feet to a point for corner in the Northerly Bank of the Turning Basin; THENCE South 72"55'22" East, along the North side of said Turning Basin, a distance of 42.98 feet, to a point on th= Headwall for corner; THENCE South ~5'29'15" East, a distance of 95.85 feet, to a point on the ex~sting Headwall for corner; THENCE South 59"07'53' East, a distance of 44.54 feet, to a on the existing Headwall for corner; THENCE South 77~14'25' East, a distanc~ of 25.61 feet, to a on the existing Headwall for corner; THENCE South 42~21'32' East, a distance of ~18.57 fast, to point on the existing Haadwall for corner; THENCE south 59"44'46" West, a distance of 50.68 fee~, on the existing Headwall for corner; THENCE South 29~36'07' East, a distance of 849.33 fee=, to point on the existing Headwall for corner; THENCE South 23~47'44" East, a distance of 1208.02 fee=, to a point on the existing ~eadwall for corner; THENCE South 48~53'1~" East, a distance of 850.91 fee=, to point on the existing Headwall for corner; THENCE North $9.58"06" East, a distance of 49.69 fast, on the existing Headwall for corner; TRACT 5 Page 2 of 4 THENCE South 48°32;S6" East, a distance of 234.76 feet to en iroD rod found for corner; THENCE South 02°16'15" West, a distance of 30.72 feet t~o an iron rod found for corner; THENCE South 42°06;26" West, a distance of 273.86 feet to au iror~ rod found for corner; THENCE South 48°40'11" West, a distance of 850.45 feet t:o an iron rod found for corner; THENCE South 37°13'59" Wast, a distance of 58.96 feet t~o an rod found for corner; THENCE South 09~12'18" East, a distance of 809.79 feet to an iron rod found for corner; THENCE South 10~27'44~t East, a distance of 246.66 feet t~o an iron rod found for corner; THENCE South 11e47'42" East, a distance of 273.53 feet t;o an iron rod found for corner; THENCE North 54e48'49" East, a distance of 88.17 feet to an irol~ rod found for corner; THENCE North 69~06'30" East, a distance of 199.73 fee~ to an iro~ rod found for corner; THENCE North 80°47'47~t East, a distance of 166.1~ feet to a~ iron ro~ found for corner; THENCE North 80~39'45t~ East, a dietance of 633.29 feet 1:o an iron rod found for corner; THENCE North 65°43'07" East, a distance of 197.89 fee= ~:o an rod found for corner; THENCE North 61~12'28" East, a distance of 201.96 feet to an iron rod found for corner; THENCE Nort/~ 52005'05" East, s distance of 198.63 fee= to a~ iron rod found for corner; THENCE North 34o20'04" East, a distance of 201.89 feet rod found for corner; THENCE North 20°41.!.05" East, a distance of 201.24 feet to e~ iron rod found for corner; TRACT 5 Page 3 of 4 TH~CE North $4~08'03" Bas~-, a d~s~ance o~ ~3.~5 ~ea~ ~O an ~[0R =od found ~o~ co.ne=; TH~C~ No~ 16'51'40" West, a distance of'230.63 fee~ ~o an rod fo~d for corner~ ~CE Nor~ 25'48~00" West, a distance of 300.34 feet to an r~ found for cornerl TH~CE North 41'13'00" Bast, a ~istanoe o~ 214.~3 feel ~o the POINT OF BEGI~ING. Containing 103.224 Acres, more 0r less. No~es= 1) Bearings Based on port ~ur ~n~ Co2 su~divi~!°n recorded in Vol~e 1, Page 24 of the Map Kecoras, jefferson county, T~as. 2) Drawing included oa separate sheet. TRACT 5 Page 4 of 4 Dace]bar 14, 1994 F.(XJK~/41~ Che~on U.S.A.~ I~. - ~ ~ Bet~ I 371. 719 I~l ~l~ ~ ~il of ~d ou~ of I~ ~ac c~ 279. (G acrel of 1~ descr~ al "F~st ~aot" by ~ed dat~ 2-26-07 r~d~ An Vol~e g5 Page 499, ~ bcordl, des~ In De~ da~ 0 ~o ~ Page 26?, ~ed bcor~, ~efferson ~y',- ~e~t~ ~ Texa~, ~avor of Gulf 0~1 Co., IllO ~ ~n 2?,20 a~l ~lct de,crUd ~ ~ dl~d 6-31-13 r~ ~ Volm 239 Pmge 44, Deed Rocor~, ~effe~l~ ~ty, iI~ ~at c~a~ 40 foo~ dat~ 12-28-21 re~ An Vol~ 212 Page 6, ~ Jeffereon ~ty, exo~t~ ~ ~e ~ty of ~off~eon ~n ~avor of Gulf Reflnln~ Co., also ~aC 175.09 aore~ as de~cr~d ~a2ed 10-~0-15 recorded L~ Volw 153 Page 11, ~ Jaff~ion ~ty, exe~t~ ~ ~l ~l Co. ~n favor of GUlf Refining Co., Also p~ DE ~at 1,17 i~e ~a=~ dilor~Md by Deed date~ 3-29-15 recorded ~ Vol~e 149 Page 19, ~ Jeff~son ~ty, ~e~t~ by ~e ~tes of ~e Port ~=h~ ~nd ~. ~n favor o~ ~AE ~ Co., la~d 371.719 ac=es more ~lirly deicrA~d as ~C~G a~ a Gulf Oil men--ne fo~d for ~e aou~m~ of a 0.034 ace ~a~ as demurAMd i~ Vol~e 219 Paqe 76; ~CE North 01'15'31" W~t, i ~s~o of 8630,63 fee~ ~nt for ~er at the Not,westerly corner of ~e of ~e South~n Pacific ~lr~d ~d Sp~r 214 for ~e BEGI~ZNG; 214; ~cg ~Ch 62*26~24n Nu~ along ~e cenb~llne of ~Ltgator ~you, a dts~nce of 1616.87 feet to a ~t for corner; DEC ~? '94 Il:B9 4~a9 GgZ t34G P~GE.c~EI~' concave to ~e ~, bav~ i Fmd~ o~ S0.00 ~eet ~ ~ ~en~rt~ l' a diane o~ 88.00 Zest to a ~t for ~'; · ~-KCE Nor~ 7~0S3~591 West, a dishes o~ ~2a.O& ~eot ~o a ~or ~CE No~ 87'42'24" Mast, a dist~e o~ 60.09 rHt to tot co~; ~OF COF~F; '' ~CE Sou~ 80,30,52- ~t, a ~Btanco of x00.96 ~eot to · oF co.er; ~CE South 76°32'31" ~t, a distance o~ 123.41 feet to flor co~; ~CN Sou~ 6Ge14r~lu Weo~ i dlstanco of 91.21 r~ ~o to~ corner; ~cR Gouth 59056'40u Mast, a d~stance of 1Si. S~ ~oet to a ~int ~CE Sou~ 48048~06~ ~est, I distance of 70.o5 ~eet co a ~or corner; ~ SOU~ 70'06~37" Vast, I d~l~ce of ~59.2~ feat to a po~t ffoF coFne~; ~CE Sou~ 50~10~53' Vast, a d~st~ce of 3~.2~ teat ~o ~ South 0~e46~02u Mest~ a d~s~ce of 68.28 fleet to a ~lnt for ~rn~; ~ Sou~ 59000'03" ~es~, a dXst~ce o~ 109,~5 feet to a poin~ T~m4CB BOut~ 61*S8'$0· West, a dSetaJl~e o£ 541,26 feet ~o ~CB Bou~ GGo4G'16· ~llt, I dLs~ce o~ 29S.50 feet ~o a ~or ~CE 8~ ~0'25'56" Wut, i dLs~n~e o~ 3~8.66 f~ ~0 a po/n~ ~CE 8~ 32eQ1'59" W~ i dLl~c8 o~ 255.~3 ~ee~ ~ a potn~ ~or c~ ~ ~e Moistly ~t~-Uay l~e of ~e Pacific ~i~road (MB~ on a 109r ~t-o~-uay); ~gL~l~ oe n c~e t~ent to sold line; ~cE sou~s~y ~ a~rly a dAs~an~ o~ X38~.0o ree~ ~o a ~n~ for ~rnar a~ong ~e ~o ~ve ~ ~e hevLng a radLua o~ 1945.36 roo~ end a ~n~al ~qle of 40e40'26m; ~CE ~u~ AOO~S'OG~ Bast ~q~t ~ ma~d ~e, a ~e con.ye ~o ~e -ou~u.~ ~v~g a =ad$~s of 868.53 feet a c~ral aflVle o~ 20oOO~S4n ~ ~g e~t~od ~ a ~ord ~e intersection o~ said Mo~erly l~ne and ~e Westerly of-Way Z~ne ~e Sou~ern Pacific XaLlr~d; ~CE .o~y ~ ~east~3~ a~o~ leid c~o, a d~m~anco of 305.42 foot to a point for corner; ~CE ~0~ 37014~24u B~, a~ong ~d v~ .a~d Sou~ern Pacific ~ilroad, a d~tance of 502g.71 fee~ to ~e ~ 0F BEGX~ING. Bearings Baaed on Po~c Ar~hu~ Land Co. subdlvilion as recorded in Vol~ 1, Page 24 of ~e Map Reo0rd~, Jefferson C~ty, ~xao. ' . 3636 ~, ~ Page 3 of 3 ~ - June 18, 2004 Field Note Description Being an 1161.0954 acre Tract or Parcel of land out of and apart of that certain called 1555.182 acre tract of land out of the T. & N.O.R.R. Co. Survey, Section No. 122, Abstract No. 486, the T. & N.O.R.R. Co. Survey, Section No, 121, Abstract No. 250, and the Franklin Baker Survey No. 2, being also called the John 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 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 acm or tract of land out of the T. & N.O.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 Coanty, 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, executed by John J. Wescott and wife, May B. Wescott In favor of Gulf Refining Co, also that certain 88.00 acre "Firs't Tract" out of the ~ranklin Baker No. 2 as described in deed dated 11-6-17 as recorded in Volume 169 Page 88 Deed Records Jefferson county, executed by John J. Wescott and May B. Wescott in favor of Gulf Refining Co., also that certain 39.8074 acre tract as described in deed dated 12-1-82 recorded in County Clerks Film Code No. 100-01-1572 Rea[ Property Records Jefferson county, executed by W. P. Clements, Jr. Governor of the State of Texas and Bob Armstrong, Commissioner of the General Land Office in favor of Gulf Oil C0., also that certain 10.0630 acre described as "Tract 2" in that certain deed dated l l- l 4-80 recorded in Volume 2276 Page 267 Deed Records Jefferson county, executed by Texaco Inc. in favor of Gulf 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 that certain deed dated 1 1-19-40 recorded in Volume 487 Page 72, Deed Records Jefferson County, executed by Texas and New Orleans Railroad Co. in favor of Gulf Oil Co.. also 16.54 acres out of the T. & N.O.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 Count,, executed by Spence & Howe Construction Co. in favor of Gulf oil Co.: ,;, Page ~ o[ 7 COMMENCING at a Gulf monument found for the southwest comer of a 0,034 acre tract as described in Volume 219, Page 76, o£the Deed Records, Jefferson County, Texas; THENCE SOUTH 080 09' 50" WEST for a distance of 6952.43 feet to a point for comer at the intersection of the Intracoastal Waterway Northerly Right-of-Way line as recorded in Voltune 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 lntracoastal 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 "WORTECI~" 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 PILEMCOI~ REFINING GROUP, INC., a Delaware Corporation, to JEFFERSON COUNTY WATERWAY AND NAVIGATION DISTRICT, recorded in Clerk'S File No. 2004007419, Official Public ' Records of Jefferson County, Texas, and also being the most Southerly co~ner of the tract herein described; THENCE in a Northerly direction along the common line between the said 394.130 acre tract and the tract herein described ~he fo!!o~ving courses and distances; NORTH 17°39'4Y' 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 20°05'35" 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 with cap stamped "WORTECH"; NORT ° .... ~-~ . H 47 03 54 WEST for a d~stance of 2,_. 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 with cap stamped "WORTECH'; NORTH 30033'50'' WEST for a distance of 166.22 feet to a 5/8 inch iron rod Yvith cap stamped "WORTECH"; NORTH 43 °35'49" WEST for a distance of 54.37 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 70°48'48'' WEST for a distance of 32,86 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 82°50'30'' WEST for a distance of 405,09 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; SOUTH 55°03'52' WEST for a distance of 160.25 feet to a 5/8 inch iron rod with cap stamped "WORTECH,~; ~ Page 2 of 7 NORTH 53048'09'' WEST for a distance of 58.59 feet to a 5/8 inch iron rod w'i~ cap stamped "It/OR TECbI". NORTH 01 °45'02" WEST for a distance of 229.95 feet to a 5/8 inch iron rod with cap stamped "WORTECH"' NORTH 19o04'04'' 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 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" WEST for a distance 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 38°33'06" WEST for a distance of 220.02 feet to a 5/8 inch iron rod with cap stamped "WORTECH'" NORTH 57009'52'' 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 04046'06" 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 394.130 acre tract 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°0Yl 8" 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 for a distance of S0.01 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 76054'14'' WEST for a distance of 70.88 feet to a 5/8 inch iron rod; SOUTH 86°43'I 8" WEST for a distance of 50.37 feet to a 5/8 inch iron rod; THENCE in a Northwesterly direction along the corarnon line between the said 3 94-. 130 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 iron rod: NORTH 02°13'50" WEST for a distance of 89.07 feet to a 5/8 inch iron rod; NORTH 51°11'1 I" WEST for a distance of 17.68 feet to a 5/8 inch 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 56o26'11" 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 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 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 49°44'36' WEST for a distance of 90.83 feet to a 5/8 inch iron rod; NORTH t 7°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, l 8 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 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' WEST ibr 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 18054'55'' EAST for a distance of239.18 feet to a 5/8 inch iron rod with cap stan~ped "WORTECH"; 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' 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 feei to a 5/8 inch iron rod ~vith cap stamped "WORTECH" located in a Westerly line of the said TRACT 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 said Tract 2 and the tract herein described, for a distance of 496.50 feet to a Gulf monument for comer; THENCE NORTH 88° 06' 49" WEST, along and with a Southerly line of said TRACT 7 and the said tract herein described, a distance of 2 t 69.10 feet, to a point for corner in ~he Southeasterly line of the Jefferson County Drainage District No. 7 Main Outfall Canal, said point also being the Southwesterly comer of that certain Tract 3 of said 142.839 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 corner, 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 TRACT 7 and the said tract herein described, a distance of 7819.98 feet, to a point for comer in the Northwesterly Mine 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° 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 distance of 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°'t: 5' 24" WEST, a distance of 120.91 feet, to a point for comer; NORTH 04° 45' 47" WEST, a distance of 121.92 feet, to a point for comer; NORTH 06° 2 ..... 0 31 Vv EST, 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 comdr: 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 ~or 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 o 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 Sout~erly Right-of-Way line of the Southern Pacific Railroad (based on a 100 foot Right-ol:Way) and the most Northerly comer of the said TRACT 7 'and the said tract herein described: THENCE SOUTH 5l° 05' 31" EAST. along and w/th said Southerly Right-of-Wav line and the Northerly line of said TRACT 7 and the said tract herein described, a distance of 2261.48 fe~t, to tile beginning ora curv'e conca~:O to the Southwest having a radius Of 1 845.36 feet~ and a central Page 5 o[ 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; 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 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 Gulf 0il. Co. as recorded in Volume 1436 Page 97, Deed Records, Jefferson County, 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 tract hereiu described, a distance of 100.86 feet to a point for comer in the Westerly line of State Highway 87 for the beginning ora curve tangent to said line; THENCE 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 curve 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 8'7 and the Easterly line of the said TRACT 7 and the said tract herein described, the following courses and distances; S OUIH 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 d~stance of 333.63 feet, to a Texas Department of Transportation Highway Monument for comer; SOUTH 12° 42' 33" EAST, a distance of 548.48 feet, to a plaint for comer; SOUTH 10° 25' 06" EAST, a distance of 4577.81 feet, to an iron rod for beginning of a curve tangent to said line; THENCE Southerly along the said Westerly line of State High~vay 87 and the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 766.64 feet, to a point for comer along the curve concave to the east, ha'ring a radius of 5779.64 feet, and a central angJ~ oI 07° 36' 00": THEI~CE SOUTH 18° 01' 06" EAST along the ~ ' .... o ~ ~ ,, amd Westerly line of State H~ghv,,a) 8 / anu ,h,~ Easterly line of the said TRACT 7 and the said tract herein described, tangent to said eurYe, a distance of 1601.58 feet to a point for comer; Page 8 of 7 THENCE SOUTH 17° 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 170 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 98 8.17 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 Count,:,, Texas. Page 7 of 7 ~2/~$/94 09:15 '~'409 892 1346 Aw W~A'I~L,AZ A~ ~ December 14, 1994 · P.O. SO~ ~RA~T 8 Che~on U.S.A., Inc. - Por~ ~uc Refinery Jefferson County, Texas Being a 1151.947 acre tract or p~cel out of the T.G N. O. S~ey ~s~act No. 's 279, 280, 281 and 282 and pa~ of certain 1158.220 acre ~act as conveyed by Correction Deed dated 6-15-54 described ~n Vol~e 946 Page 461 Deed Records, Cowry, Texas, executed by W. P. H. MoFaddin et al, in fair 0f Gulf Refining Co., COerCING at Gulf men, eat fo~d for ~he southwes~ corner of a 0.034 acre tract as described i~ Vol~e 219, Page 76, of ~he De~ Records, Jefferson County~ Texas; THENCE North 88~02,57. West for a distance of 7651.85 feet ~e POI~ OF BEGI~ING of the Tract herein described; TH~CE North 10e41,30- ~ast, along the Easterly line of said Survey No. 282, a dis=ante of 5713.10 feet , ~o a pein= for corner; TH~CE North 01~41,54. Kas=, along the Easterly ba~ of Tayl0rs Bayou, a distance of 795.29 feet to a point for corner; T~NCE along and with the meanders of Taylors Bayou =he folowing co~ses and distances: Nor~ 65~50,55- West a distance of 185.16 feet; Nor~ 65o16,37ff ~est a distance of 214.32 feet; North 82o52,05" West a distance of 157.57 feet; South 83~24'08' West a distance of 224.05 feet; sou~h 83~05,41. West a d~s=a~ce of 210.13 fee=; South 77002,38" West a dtst~ce of 208.07 feet; South 78~30;24" West a dis=ante of 272.02 feet; South 85~22'58- West, a dis=Race of 242.25 fee~; Sou~ 89026,42" West; a distance of 242.77 feet; North 88~05'59. West, a distance of 170.97 feet; North 83~33t43- We~t, a dis=anco of 201.28 feet; North 83~24,04- West~ a distance of 214.13 feet; South 89o57'3i" West, a distance of 189.34 fee~; Nor~ 85e44,59- West, a distance of 217.24 feet; North 88~22'46" West;-a distance of 210.22 South 76o06,18" West, a distance 0f'137.90 feet;' T~CT 8 Page I of 2 $0Qth 67'39'43" W'es~: a dLstance of 143.32 feet:; Sot/th 74'17;17" Hest a d~staAce oZ 205.93 feet; SOU~ 49°47;10" West a d~st~ce o~ 42S.1S ~eet; Sou~ 390L3;2~" WIs~ a d~;~=8 o~ 268.09 ~ee~; Sou~ 43033;35" Wes~ ~ d~s~nco o~ zss.gs ~eet; ~o~ 7~*02;32" ~e8~ ~ d~g~e o~ 39.25 ~eet; So~h 75008;56" ~es~ ~ d~s~a~o8 o~ 4~3.98 ~o~h 75030;55" W~ a dist~Ca of 318.0~ ~eet; No~ 56019'55" West a 8ist~ce of 143.87 Nor~ 49e05'38" West a distance o~ 248.38 feo~; Nor~ 37~15'09" Weft, a ~s=ance o~ 236.94 feet; Nor~ 27°28'11" West a dis~anoe of 188.22 feet; Nor~ 43°56'45j~ West a d~s~ance of 95.94 feet; North 72e11'56" West a dis=ance of 116.30 feet; North 66w09'59" West a dis=ance of 197.27 fee=; So~ 84~00'38' West a d~s=anoe of 121.65 fee~; So~ 79'42'42" West a d~e=~ce of 175.86 feet; Sou~ 41e59'51" West a distance of .~88.18 feet; Sou~ 38~34'02" West a d~stance of 364.43 south 46e36'31" West a dis~ance of 326.13 fee~; South 57e39'38" West a dis=ante of 602.21 fee~; South 69-00;56" West a d~stanco of 286.48 feet; Sou~ 84'04'18' Wes= a dis=anco of 191.78 feet; North 72~36'35fi West, a dis~ance of 373.97 feet; NO~A 63004;55" West, a dis=ante of 253.47 feet; Nor=h 48'15'22" West, a 'dis=amc~ of 227.17 feet; No~h 45023'38" West, a dis=anoe of 371.40 fee=; North 52~54'54" West, a distance of 83.38 feet; South 19e06'33" WI~=, a dis=ante of 196.66 feet; South 28'05'0~" West, a ~stance of 175.59 fee=; TH~CE South 03055'30" West, a distance of 5167.17 lest ~o a point for THENCE South 86~0~'57" East, a dis=anoe of S203.37 feet to the POINT OF BEGI~I~G. Con=aining 1151.947 Aores, more or less. Notes: 1) Bearings Based on ~ort ~thur Land Co. s~divisio~ as recorde~ in Volume 1, Page 24 of the ~ap Jefferson county, Texas. 2) Drawing in=luded on seperate shee~. ....... ., Mark W. ~iteley, R.P.L.S. No. 3636 TRACT 8 Pag~ 2 of 2 1.2/16/94 09:02 '~409 892 1348 l[R WHITELI~,¥ ,I..~ ~u.~t Dec~mber 14, 1994 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 120.517 acre tract or parcel of land situated in Texas and New orleans Railroad Survey, Section 122, Jefferson · County, Texas and being out of a 533.61 acre tract or percel of ~and described in deed from W.P.H. McFaddin to Gulf Refining Company, dated June 11, 1924, recorded in Volume 240, page 620, Deed Records, Jefferson County, Texas, and also the remainder a 57.00 acre tract or parcel of land described in deed from W.P.H. HoFaddin to Gulf Refining Company, dated January 30, 1923, recorded in Volume 223, 'Page 286, Deed Records, Jcl=etlon Cou~t~, Texas, said 120.517 acre tract being more particularly as follows: COM~I~CING at a Gulf monument found for the Southwest corner of 0.0~4 acre tr=¢t as described on Volume 219 Page 76, D~ed Records, Jefferson CounCy, Texas; THENCE South 33°30'21" West, a distance of 10,372.12 feet to point for the POINT OF BEGINNING; THENCE South 88"19'o6" East, a distance of 5595.70 fee= to a Gulf monument found; THENCE North 01'28'44" East, a distance of 31.96 feat to a for corner; THENCE North 01"42'37" East, a distance of 1656.50 fee= to 9olnt for corner; THENCE North 86"43'18~ We~t, a distance Of 570.~1 fee= to a for corner; THENCE South 72~57'22" West, a d~stance o~ 100.00 feet for corner; TRACT 9 Page 1 of 2 12/16/94 09:03 '~'409 892 1348 ~R' ~tlTELEY INC ~ol~ THENCE South 72*$7'0:2" West, a distance of ~207.42 feet to the POINT OF BEGINNING and containing 120.517 Acres, more or less. Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision ss recorded in Volume 1, Page 24 of ~he Map Raoo=dS, Jef~erso~ County, Texas. 2~ Drawing i~cluded on separate sheet. Mark W. Whiteley, R.P.L.S No. 3636 F: \bI~60~DATA\TRACT9 TRACT 9 Page 2 of 2 December 3.4, 1994 ~i~C T LO Che~rron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas . .. · Being a 0.761 acre tract or parcel of land situated in the B.C. Abstract N0.61 and also out of Blocks Two, .Three, a~h~u~-..S-u~a3Y',4' in Ranges P and Q of =he lands of ~he Port.. ~ ~-'~ ~?~--[-- Je~}erson Co~ty, TeXas and be%ng descr~oeo ur Land corn an to =ulf Ref~nlng Comp ~ in dee~ from Port ~th ~ Y .......... ~ .~a dated Nove~ 11~ 191~ taco=dad l~ Vo~e ~%u~ r=~ ~, --- Records, jefferson County, Texa~, said 0.761 acre tract being more p~t~larly described as follows: CO~CING at Gulf monument found for the sou=hwe~t corner of a 0.034 acre tract as described in Vol~e 219, Page 76, of the De~ Records, Jefferson County, TeXas~ TH~CE North 12~59~]4" West, a distance of 6859.4~ feet ~o a poin= for the POINT OF BEGINNING of =he herein described tract; TH~CE North ~7~14'24" Eas~, a distance of 2284.66 fee= ~o a point for corner~ THENCE Sou~ 29~38'4]" West, a distance of 75.66 fee= =o a 90in= for corner ~ THENCE south 37~14'23" West, a dis=ante of 350.00 fee~ to a poim= for corned ~ TH~CE South ~1~24'41" West, a distance of 201.05 fee= to a poim~ for corner ~ THENCE South 38~1'7'~3" W~st, a distance of 1659.94 feet =o the POINT OF BEGI~NG~and Containing 0.761 Acres, mor~ or less. T~CT 10 Page I of 2 09:04 9409 892 1346 Note: 1) Bearings based on Port Arthur Land Co. Subdivision as reoorded in Volume 1, Page 24 of the Map RecorClS, Jefferson1 County, Texas. 2) Drawing Included on seperate sheet. y, R.P.L.$. No. 363 ,t,.,~.%, ~ F ~ \UP6~DATA\TI~ ~T 10 .HM TRACT 10 Page 2 of 2 Decenher 14, !994 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 4.123 acre tract or parcel of land situated in the Texas and New Orleans Railroad Company Survey 121, Patent #433, 13, Jefferson CoUnty~ Texas and described in deed from Texas atto New orleans Railroa~ Company to Gulf oil Corporation, dated November 19, 1940, recorded in Volume 48?, Page 72, Deed Re¢0rc~s, Jefferson County, Texas', sa.id 4.123 acre tract: being more particularly described as follows: COMMENCING at Gulf monument found for ~he southwest corner of a 0.{)34 acre tract as described in Volume 219, Paqe76, of =he Records, Jefferson County, Texas; THENCE North 55'42'06# West, a distance of 7?92.78 feet: to point for the POINT OF BEGINNING of the herein described tract; THENCE North 71'40'55" West, a distance of ?2.59 feet t:o a for corner; THENCE North 85-'42'30" West, a distance of 94.38 feet to a for corner ~ THENCE So~th 11°09'05'~ East, a distance of 1558.28 feet to a point for corner; THENCE North 04o23'08" East, a distance of 310.22 fee~ tO a point for corner; THENCE North 10~25'51" West, a distance of 204.78 feet to for corner; THENCE North 21~0~."49~t East, a distance of 106.56 ~ee~L to a point for corner; TRACT 11 Page I of 2 THENCE North 10e25'07" Welt, a distance of 903.68 feet to the pOINT OF BEGINNING and containing 4. 123 Acres, more or less. Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision as recorded in Volu~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 F: \~p60'~ATA%TRACT 11. N&B TRACT 11 .Page 2 of 2 ATTACHME~ ATTACHMENT B- 1 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 Premcor (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 "0" 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. 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 9~ a part of the Chevron U.S.A. - Port Arthur Refinery prope~t~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 0.858 acre tract being 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 (formerly T.&N.O.R.R - Port Arthur Branch) with the Southwesterly r~ght-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 S of the Deed Records, Jefferson County, Texas; THENCE 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 2,897.50 feet to a point; THENCE North 52 deg. 43'min. 54 sec. West for a distance of 2,594.85 feet to an iron rod se~ for the ~OINT OF BEGINNING of the herein descried tract; : THENCE South 41 deg. 18 min. 39 sec. West for a distance of ~79.00 feet 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. 39 sec. East for a distance of 279.00 feet to an iron rod set for corner; G-1 Page 2 P~tRCEL "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 sec. East for a distance of 134.00 feet to the POINT OF BEGiNNiNG and containing 0.85S acres of land, more or less. NOTE: 3) 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. Mar] W. Whiteley, R.P.L. .: .: ~ .: .: ~ PARCEL "B" Chevron Chemicals - Lease Back Property Chevron U.S.A.~ Inc. - Port Arthur Refinery B. C. Arthur Survey, A-6! 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~:~a.part of the Chevron U.S.A. - Port Arthur Refinery proper%yZdescribed 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: COM24ENCING 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 Compan~ 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. 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:an iron rod se~ for the P~INT OF BEGINNING of the herelfl 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-distancR of 147.00 feet to an iron rod set for corner; THENCE North 41 deg. 18 min. 39 eec. East for a distance of 137.00 feet to an iron rod set for corner; .. Page 2 P~RC~L "B" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port ~thur Refinery B. C. Arthur Survey, A-61 Jefferson County, Texas THENCE South. 4~ deg. 4! 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: l) Bearinqs based on Port Arthur Land Co. Subdivision aS recorded in Volume ~, Page 24 of the Map Records, Jefferson County,~exas. 2)ZD.r~wing included on separate sheet. May 26, 1994 ~ Br_AUMONT, T_ff~4S~$ · I 409/~2-042I P~RCEL "C" Chevron Chemicals - Lea~e Eack Chevron U.S.A., Inc. - Port Arthur Refinery 8. C. Arthur Su~ey, A-61 Jefferson County, Te~a~ BEING a 5.914 acre tract or parcel of land situated in =he B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out of a par= of the Chevron U.S.A.- Port Arthur Refinery property described as 279.46 acres (FIRST T~CT} in deed from the H. A. Phillip~ to Gulf Refining Company, dated February 26, 1907 and recorded in Vol~e 95, Page 499 of the Deed Records, Jeffers9o County, Texas, said 5.914 acre tract being more particu.lar%y described as follows: CO~ENCING at a Gulf mon~ent found at the intersection of the Not,westerly right-of-way line of Southern Pacific Railroad . (fo~erly T. &N. O. R. R. -Port ~hur Branch} wi~ ~e 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, SEat9 of Texas, dated November 25, 1921 and recorded in Volume 212, Page 8 of the Deed Records, Jefferson County, Texas; TH~CE Sou~h 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; T~ENCE North 52 deg. 43 min. 54 sec. West for a distance of 1,232.17 fee= to an iron rod set for the POINT OF BEGINNING of the herein described tract; THENCE South 41 deg. 19 min. 02 sec. West for a distance of 391.61 feet to an iron rod set for corner; THENCE Nor=~ 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 c~rner; 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 PARCEL ,,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 distance 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 tc.~n.S" Spike set for corner; THENCE South 48 deg. 44 min. 04 sac. 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 s~t for corner; T~ENCE South 48 ~eg. 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 LandCo. 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 ~ ~.:~ ZNCO~PO~.4.T£D May 26, 1994 ~.O. BOI~2 ~91892~21 F~CEL "D" Che~en Chemicals - Lease Back property Che~on U.S.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-61 Jefferson County, Texas 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¢%/b~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 deed 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 S2.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 Npr=h.48;deg. 00 min. 3~ sec. Wes~ for a ols~ance of 306.40 f~et ~o an 8" Spike se= for corner; 'THENCE North 43 deg. 29 min. 09 sec. West for a distance of 234.88 feet to an $" Spike set for corner; THENCE North 39 deg. 25 min. 26 sec. West for a distance of 29.62 feet to an 8" Spike set for corner; THENCE North 39 deg. 01 min. 04 sec. East for a distance of 136.19 feet to an 8" Spike set for corner; Page 2 PARCEL "D" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port ~thur Refinery B. C. Arthur Survey, A-6! Jefferson County, Texas THENCE South 50 deg. 36 min. 29 sec. East for a distance of 248.85 feet to an 8". Spike set for corner; THENCE North 82 deg. 01 min. 43 sec. East for a distance of 30.50 feet to an S" Spike set for corner; THENCE North 41 deg. 07 min. 35 sec. East for a distance of 209.77 feet to an 8" Spike set for corner; THENCE South 48 deg. 40 min. 08 sec. East for a distance of' 306.51/f~et to the POINT OF BEGINNING and containing 3.796 acres of land, :more or less. NOTE: 1) Bearings based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas.: 2) Drawing included on separate sheet. Mark W. WhiteLey$ ~.P.L.S. NO. 3~636 PARCEL 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. PhllIips 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 Por.t 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 658.81 feet to an iron rod set for the POINT OF BBGINNING 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 ~ ~istance of 432.13 feet..;to an iron rod set for the beg~nnifg of'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 !! 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 100 foot right-of-way; G-9 P~_RCZ~. "Z" (continued) Chevron Chemicals - Lease Back Property 'Chevron U.S.A-, Inc. - Port ~%rthur 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 a Radius of 814.04 feet, a Central Angle of 29 deg. 04 min. 42 sec., a chord which bears South 60 deg. 37 min. 30 sec. Bast-405.72 feet, for an Arc length of 413.14 feet to an iron rod set for corner; THENCE~$outh 41 deg. 18 min. 11 sec. West for a distance of 398.16 ~e6t to the POINT OF BEGINNING and containing 1.656 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. F. Mark W. Whiteley, R.P.L.S. NO. 363 ' ' G-10 P~.RCEL "F" Chevron'Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port ~thur 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 heine out of a part of the Chevron U.S.A. Port Arthur Refinery propert~ described as 279.46 acres (FIRST T~CT) in deed from the ~. A. Phill~p~.Jo Gulf Refining Company, dated February 26, 1907 a~ld recorded ~n 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 ~ain 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 Port A~thur 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 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- way; THENCE along the westerly li e of'seid trens er right-of-way, in a southeasterly direction along a curve to the Lef~ having a Radius of 814.04 feet, a Central Angle of 21 deg. O8 min. 27 sec., e chord which bears North 76 deg. 04 min. 24 sec. Eest-298.if feet, for an Arc length o! ~00.~ fee~' to an iron rod se~ for cerner at the intersection with the Northwesterly 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 PARCEL "F" (continued) Chevron Chemicals - Lease Baok 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 PortArthur 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 culTve, 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. Chevron Chemicals - ~ease Bac~*Pro~erty Chevron U.S.A., In~. - Port Arthur Refinery B. C. Arthur Survey, A-61 Jefferson county,'Texas BEING a 40.325 acre tract or parcel of !and situated in the B. C. Arthur Survey, Abstract No. 61, Jefferson. County, Texas and being out of parts of the Chevron U.S.A. - Port Arthur Refinery proper~y described as 279.46 acres (FIRST TP.~CT) in deed from the H. A. Phit'lips to Gulf Refining Company, dated February 26, 1907 and recorded in Volume 95, Page 499 of the Deed Records, ' Jefferson county, Texas and 70 acres in deed from Port Arthur .~Land Company to Gulf Refining Company, dated January 11, 1902 and :'recorded in Volume 5.6, Page 160,' Deed Records, Jefferson County, Texas, said 40.325 acre tract being more par?i~ularly described as follows: : COMMENCING 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 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; THENCE South 37 deg. 16 min. 06 sec. West, along and with the Southwesterly line of said Southern Pacific Railroad right-of- way, for a distance of 3,511.93 fee~ ~:o a point; THENCE Sou~h $3 d~q'. 43 min. 54 sec. East ~°r a distance of 161.80 feet to an iron rod se= in the Southeasterly right-of-way lihe of State 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 to an existing chainlink fence corner post; G-13 Page 2 PI~RCEL "G" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery S. 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 min. 53 sec. East - 142.66 feet to corner post, South 03 deg. 27 min. 08 sec. West - 19.25 feet to corner post, South 48 deg. 46 min. 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. lS min. 21 sec. East - 60.47 feet to corner post, North:3.9 deg. 16 min. 19 sec. East - 64.55 feet· to corner post, South'4'8 neg. 58 min. 29 sec. East - 70.67 feet to corner post, South 40 deg. 14 min. 33 sec. West - 9.87 feet to corner post, South 48 deg. 49 min. 29 sec. East - 140.48 feet to corner post, ..North 38 deg. 00 min. 27 sec. East - 10.46 feet to corner post, · South 49 deg. 05 min. 52 sec. East - 111.$0 feet·to corner.post; THENCE $~uth 41 deg. 34 m~n. 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 to an 8" Spike set for corner; THENCE South 55 deg. 16 min. 56 sec. East for a distance of 63.68 feet to an 8" Spike set for corner; THENCE South 54 deg. 16 min. SS s~c. East for a distance of 82.48 feet to an 8" Spike set for corner; THENCE So.u~h 48 d~. 37 min. 25 'sed. 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. West for a distance of 100.88 feet to an 8" Spike set for corner;' ' - THENCE South 46 deg. 26 min. 31 sec. West for a distance of 26.43 feet.to an 8" Spike set for corner; ? Page 3 P~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' 8" Spike set for corner; THENCE North 48 deg. 28 min. 33 sec. Eastfor a distance of 19.23 feet to an 6" 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 foll~.~in~ courses and distances: North 41 deg. 44 min. 19 sec. East - 108.55 feet to corner post, North 44 deg. 11 min. 43 sec. West - 223.46 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 southeasterlyright-of-way line of state Highway 67; THENCE North 06 deg. 40 min. 19 sec. East, along end'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.and 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. O1 sec.'East, along and with the Southeasterly right-of-way line of State Highway 87, for a distance of 86.24 feet to a Texas Highway Department concrete monument found for corner; THENCE N~rth'~3'd~g. 50 min. 25 sec. East, along and with the Southeasterly right-of-way llne of State Highway 87, for a distance of 84.93 feet to a 1" iron pipe set for corner; THENCE North 29 deq. 15 min. 07 sec. East, along and with the Southeasterly right-of-way line of State Highway 87, for a distance of 66.59 f~et to a 1" iron pipe Set for corner; THENCE North 31 deg. 42 min. 39 sec. East, along and with the SouTheasterly right-of-way line of State Highway 87, for a distance of 111.68 feet to an iron rod set for corner; Pa~e ~ PARCZ5 "G" (c~ntinued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port 3_~thur 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 ~7, for a distance of 1,448.S5 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. 2) Drawing included on separate sheet. AND ASSOCI. iT S  j C ONSULTr, VO P.O. BOI Nay 26, 1994 PARCEL Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery T. & N. O. R.R., Section No. 121, A-250 John Wescott (Franklin Baker No. 2), A-725 Jefferson County, Texas 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 ChevTon U.S.A. Port Arthur3~efinery property described as 470 acres in deed .from A. Laughli~ and 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. HcFaddin to Gulf Refining ~ompany, dated July 7, 1917 and recorded in Volume 167, Page 261, and 208 acres in deed from Jno. J. Wescott and wife, May B. · Wescott to Gulf Refining Company, dated November 6, 1917 and recorded in Volume 169, Page 69, all in the Deed Records' of Jefferson Coun:~, 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. 1 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 fgr the POINT 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 cf .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'distance of 94.49 fee= to an 8" spike set for corner; THENCE South 90 deg. 04 min. 05 sec. West for a distance of 489.58 feet to an 8" Spike set for corner; Page 2 PARCEL "H" (continued) Chevron Chemicals - Lease Back Property Che%~on U.S.A., Inc. - Port Arthur Refine~' B..C. Arthur Survey, A-61 John Wescott (Franklin Baker No. 2), A-725 Jefferson County, Texas THENCE North 8S 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 feet to an S" Spike set for corner; THENCE South 79 deg. 57 min. 57 sec. West for a distance Of 1471.03 feet to an iron rod set for corner; THENCE~North 10 deg. 02 min. 03 sec. West for a distance of 38.00 feet t6 ah iron rod sat for corner; THENCE South 79 deg. 57 min. 57 sec. West for & distance of 88.00 feet to'an iron rod set.for corner; THENCE South 10 deg~ 02 min. 03 sec. East for a distance of 38.00 feet to an iron rod set for corner; THF. NCE South 79 deg. 57 min. 57 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 min. 42 sec. West for a distance of 1382.35 feet to an iron rod set for corner; THENCE South 51 deg. 05 min. 28 sec. West for a distance of 162.65 feet to an iron rod set for corner; THENCE South 01 ~eq. 57 min. 36 ~ec. West $or a distance of 623.00 fe~t to:aK iron rod set for corner; THENCE South 79 deg. 28 min. 06 sec. West f6r a distance of 163.04 feet to an ~ _.on rod set for corner; THENCE North 00 deg. 41 { - m_n. 10 sec. East for = distance of 430.80 feet to an iron rod set for corner; THENCE North 13 deg. 19 min. 59 sec. East for a distance of 518.~6 feet to an iron rod set for corner; THENCE North 15 deg. 11 min. 50 sec. East for a distance 'of 274.92 feet to an iron rod sat for corner; O-18 Page 3 I~ P~RCZL "H" (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. !9 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 e distance of 429.26 feet to an iron rod set for corner; THENCE South 84 deg. 00 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 ?53.4!.'.fegt to an iron rod set for corner; THENCE south 15 deg. 21 min. 38 sec. ~est 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 7~ deg. 28 min. 00 sec. Bast for a distance of 184.22 feet to an iron rod set for corner;' THENCE South 09 deg. 08 min. 36 sec. East for a distance of 380.71 feet to an S" Spike set for corner; THENCE North 80 deg. 04 min. 57 sec. East for a.distance"~f 47.67 feet to aD 8" spike set for corner; THENCE South 11 deg. 47 min. 49 sec. East for a distance of 16.10 feet =o an 8" Spike set for corner; _ THENCE North 83 deg. 49 min. 55 sec. East for a di'stance of 141.58 feet to.ay ~" Spike set ~r corner~ THENCE North 42 deg. 25 min. 46 sec. East for a distance of 118.54 feet to an 8" Spike set 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 min. 51 sec. East for a distance of 653.38 feet to an iron rod set for corner; P;tRCEL "K" (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.!5 feet to an iron rod set for corner; THENCE South 31 deg. 48 min. 33 sec. West for a distance cf 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 fee= to an iron rod set for corner; THENCE;~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 189.03 feet to an iron rod set for corneg; THENCE South 10 deg. 21 min. ~8 sec. East for a distance of 450.34 feet to an 8" Spike set for corner; THENCE South 69 deg. 28 min. $5 sec. East for a distance of 80.04 feet to an 8" Spike set for corner; THENCE North 79 deg. 59 min. 50 sac..~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) Bearings 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 sheetl Mark W. Whitele¥, R.P.L.S. NO. 3636 G-20 ~ ~ I~COF~POR.~TED October 28, 1994 ~.o.~O~s~ 40~1~2~2Z ~RCEL Che~on Ch~mical~ - Lease ~ack Che~on U.S.A., Inc. - ~ort A~thur R~fine~ T. & N. O. R.R., Section No. 121, A-250 Jefferson County, Texas BEING a 1.629 acre tract or parcel of !and 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, ~916 and recorded in Volume lS2, Page 97 of the Deed RecordS, Jefferson County, Texas, said 1.629 acre' tract being more particularly described as follows: · CO~2C~-NCING at Northwesterly corner of that certain 0~11 acre tract described as Parcel No. 1 in deed from Gulf Refining Company to the State of Texas for right-of-way of ~ighway 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 509.49 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 the ~OINT OF BEGINNING of · he herein described tract; THENCE South 09 deg. 21 min. 41 sec. ~ast for a distance of 83.67 feet to an iron rod set for corner; THENCE Sou~h 7.~ ~eg.. 40 min. 22-~ec. West ~or a distance of 311.85 fe6t to an iron rod set for corner; THENCE South 08 deg. 00 min. 16 sec. East for a distance of 206.21 feet to an iron rod set for corner; THENCE South 80 deg. 52 min. 56 sec. West 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 "!2" (continued) Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery T. & N. O. R.R., Section No. 121, A-250 Jefferson County, Texas THENCE North 78 deg. 54 min. 12 sec. East for a distance of ]gS.ll feet to an iron rod found for corner; THENCE South 65 deg. 12 min. 33 sec. East for a distance of 59.07 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 Man Records, Jefferson 'County, Texas. 2).Drawing included on separate sheet. Mark W. Whxteley, R.P.L.S. NO. .: .: $ G-22 WHITFr-~Y · ASSOCIATE,~t£4'RK W. , INCORPORATED ~ j CONPULT~GENG~'E~RS. '~,,, PUR~'YOP. S, AND PLANN-ZP.S Octobar 25, 1994 [~ P.O. BOX~l~z · --- ~ B~-AUMONT. T~VAS ,, I 4091892-042I PARCEL "I3" Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port ~--~thur Refinery T. & N. O. R.R., Section No. 121, A-250 Jefferson County, Texas BEING a 2.157 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 Re¢or~,.Jefferson County, Texas, said 2.157 acre tract being more particularly described as follows: COMMENCING at Northwesterly corner of that certain 0.!1 acre tract described as Parcel No. i in deed from Gulf Refining Company to ~he 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 87, 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 South 09 deg. 54 min. 58 sec. East for a distance of 341.98 feet to an iron rod set f6r the £OINT OF BEGINNING of the herein described tract; THENCE South 10 ~. 16 min. 5$~sec. East~for a distance of 215.35 feRt t6 an'iron rod found for corner; THENCE South 79 deg. 42 min. 45 sec. West for a distance of 436.93 feet to an iron rod found for corner; THENCE North 11 deg. 15 min. 35 sec. West for a distance of 212.98 fee= to an iron rod set for corner; G-23 Page 2 PARCEL "I3" (continued} Chevron Chemicals - Lease Back Property Chevron U.$.A., Inc. - Port $_~thur Refinery T. & N. O. R.R., Section No. 121, A-250 Jefferson County, Texas TP:ENCE North 79 deg. 24 min. 13 sec. East for a distance of 440.56 feet to the POINT OF BEGIk~ING and containing 2.157 acres of land, more or !ess. NOTE: 1) Bearings based on Port A~rthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson count . ' axas. 2) 'Drawing included on separate sheet. \ Mark W. Whiteley, R.P.L.S. NO. 3536 ~~ G-24 ? i ASSOCfATES · ~ INCORPORATED CONSULT~VG £NG~E£RS. H~ 26, ~994 P.O. BOX~9~ P~CEL "J~ ~' Chevron Chemicals - Lease Back Property Chevron U.S.A., Inc. - Port Arthur Refinery T. & N. O. R.R., Section No. 121, A-250 Jefferson Co~ty, Texas BEING a 3.179 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 Octobe~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: CO~ENCING at Northwesterly corner of that certain 0.!1 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 16, 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 eec. 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 ~ith'=he Westerly right-of-waY line of State Highway S7, for a distance of 1592.93 feet to & point; THENCE South 79 deg. 36 min. 36 sec. West for a distance of -:' 629.65 feet to an iron rod set for the POINT OF BEGINNING of the herein de~crib~d~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 set for corner; THENCB North 09 deg. 34 min. 29 sec. West for a distance'of 316.00 feet to an iron rod set for corner; G-25 Page 2 PARCEL "J'~ (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 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 Volume 1, Page 24 of the Map Records, Jefferson County,' Texas; 2) Drawing'include4 on separate ~heet.- Mark W. Wh~teley, R.P.L.S. NO. 363~ G-26 AND ASSOCL¢TES ~ L~,'COP. POR.~-TF-D · CONSULT~'G Nay 26, 1994 40~ / ~2 ~2 l ~CEL "L" Chevron PADC - Lease Back Property Chevron U.S.A., Inc. - Port Art. hut Refinery B. C. 'Arthur Survey, A-6! jefferson County, Texas BEING a 35.502 acre tract or parcel of land situated in the B. C, Arthur Survey, Abstract No. 6!, Jefferson County, Texas and being out of and a part of the Chevron U.S.A. Port Arthur Refinery property described as 199.8 acres in deed from the Port Arthur Land ~Dmpany to J. M. Guffey, dated April 3, 1901 and recorded in Volume' 4~, Page 632 of the Deed Records, Jefferson County, Texas, said 38.502 acre tract being more p~rticular!y described as follows: CO}~M. 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 ~oad); THENCE South 41 deg. !3 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 N-~-~K set in concrete footing of existing chainlink fence pos= for the POINT OF BEGINNING of the herein described tract; m_n. 00 sec. West, along and with said THENCE South 41 deg. 13 ~ 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. Wes~ for a distance of 435.60 feet to an iron rod set for corner; THENCE Sou=h 41 deq. 20 min. 13 sec. West for a distance of 402.14 fee= to an iron rod set for corner; THENCE Sou=h 80 daq. 36 min. 28 sec. West for a distance of 84.61 feet to a ~R spike set for corner; THENCE North ~7 deg. 59 min. 52 sec. West for a distance of 445.08 fee= to an 8" spike set for corner; G-27 Page 2 P~-RC£L "L" (continued) Chevron PADC - Lease Back Property Chevron U.S.A., /nc. - Port 3-rthur Refinery B. C. Arthur Survey, A-61 Jefferson County, Texas THENCE North 37 deg. 25 min. 04 sec. West for a distance of 57.75 fee~ to a R_R 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 4S deg. 31 min. 53 sec. West for a distance of 302.7S feet ~o 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; T~ENCE North 4~:deg. ~9 min. 31 sec. West for a distance o~ 104.90 feet to an 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 48 deg. 19 min. 52 sec. West for a distance of 258.65 fee~ 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 North 47 deg. 57 min. 45 sec. West for a distance of '~" 325.65 feet to an.iron rod set for corner;= THENCE South 39 deg. 14 min. 43 sec. West for a distance of 516.32 fee= =o 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; PARCEL "L" (continued) Chevron PADC - Lease Back Property Chevron U~$.A., Inc. - Port Arthur Refinery B. C. Arthur Survey, A-6! Jefferson County, Texas THENCE South 48 deg. 42 min. O0 sec. East for a distance of 135.92 feet to an iron rod set for corner; THENCE North 41 deg. 16 min. 21 sec. East for a distance of 259.72 feet to an i~6n rod set for corner; THENCE South 4S 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 c~s~ance of-91.29 : feet ;~g an iron rod set for corner; THENCE N~rth 48 deg. 4! min. 23 sec. West for a distance of 41.59 feet to an iron rod set for corner; THENCE North 42 deg. 24 min. 03 sec. East-for a ~s~ance of 291.!0 feet to an iron' rod set for corner; THENCE South 48 deg. 22 min. 58 sac. East for a distance of 340.99 feet t6 an iron rod set forccrner; THENCE South 41 deg. 56 min. 47 sec. West for a distance of 88.42 feet to an iron rod ~et for corner; THENCE South 48 deg. ~8m_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 sec. West for a distance of 177.24 feet to an iron ro~ set for corner; THENCE South 62 deq. 52 min. 54 sec. West for a distance of 68.00 feet to an.: iron;rgd.: .' set for corner;. = THENCE South 41 deg. 57 min. 56 sec. West for a distance of 98.S2 feet to an S" 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 fee~ to an iron rod set for corner; THENCE South 48 deg. 41 min. 07 sec. East for e distance of 533.79 feet to an 8" spike set for corner; -.. 'Page 4 P~RCEL "L" c ' C ontlnue~ Chevron PADC - Lease Back Property Chevron U.S.A., /nc. - Port Arthu~ Refinery B. C. Arthur Survey,.A-61 Jefferson County, Texas THENCE North 60 deg. 05 min. 25 sec. East for a distance of 43.42 feet to an iron rod set..for corner; THENCE South 48 deq. 42 min. 41 sec. East for a distance of 389.58 feet to the POINT OF BEGIN}~!NG and containing 38.502 acres of'land, more or !ess. NOTE:.i) Bearings based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the HaD Records, Jefferson Coun~:~ Texas. ' .. 2)'Drawing included on separate sheet. Mark w. Whiteley, R.P.L.s. NO. G-30 ? 3ZSO . May 26, 1994 409/8S2-~21 P~CEL "~" Chevron PADC - Leas9 Back Property Chevron U.S.A., Inc. - Port Arthur R~finery B. C. Arthur Survey, A-61 Jefferson County, Texas BEING a 2.097 acre tract or parcel of land situated in the B. C. A~thur Survey, Abstract No. 61, jefferson County, Texas an~ being out of and a part of the Chevron U.S.A. Port 3~thur Refinery property described as 199.8 acres in deed from the Port Arthur : Land.Company to J. M. Guffey, dated April 3, 1901 and recorded in Volu~ 4~, 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: COMMENCING 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, al'ong and with the Southeasterly right-of-way line of said Seventh Street, for a distance of 1,385.97 feet to a point; THENCENorth 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 chainli~k fence line for the POINT OF BEGINNING of the herein described tract; THENCE Sguth.~l-deg. 13 min. 00 sec. West, along and with said chain!ink fence, for a distance of 3S4.12 fe~t to an iron rod set for corner at The intersection ~ith 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 271.75 feet to an iron rod set for corner; pA~¢£r. "H" (continued] Chevron PADC - Lease Beck 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 containing 2.09? acres of land, more'or less. NOTE: l) Bearings based on Port ~thur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson : County,.Texas. R~ ~rawing included on separate sheet. ' Mark W. Whiteley, R.P.L.$. NO. 3636. G-32 ,4ZSO¢IATE$ ' II ECCORPOP TED Nove~.ber 8 · 1994 ' ~.0. B015452 ~9/892~2J P~CEL "~1" Che~on P~C - Lease Back Property che~0n U.S.A., Inc. - Port ~th~ Refine~ B. C. ~hur Su~ey, A-61 T. & N. O. R.R. Section 121, ~strmct No. 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 Ho. 61, the T. & N. O. R.R. Section 121, $~stract 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 Che%~r6~ ~;S.A. Port Arthur Refinery property described as 37.06 acres in deed from the G. N. Bliss to Gulf R~fining 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 January 16, 1922 and recorded in Vo!~_me 213, Page 269, 0.034 acres (Tract No. 2) in deed from Port Arthur Canal and Dock Company to Gulf Refining Company, dated June 25, 1922 and recorded in Vo!ume 219, Page 76, 0.43 acres in deed from Port Arthur Land Company to Gulf Refining Company· dated June 28, 1922 and recorded in Volu~e 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, a. 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 Volu~e 126, Page 194, all in the Deed Records, Jefferson County, Texas, said 65.022 acre tract being more par=ic~!arly described as fo!lo~s: COW2qENCING at a Gulf monument found at the southwesterly corner of'said 0.034 acre (Tract 2) THENCE South 41 deg. 13 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 ~ARCEL "~1" (continued) Chevron ioA/)C - Lease Back Property Chevron U.S.A., Inc. - Port Ar=bur Refinery B. C. ~thur Su~ey, A-61 T. & N. O. R.R. Sec=ion 121, Ab*stract No. 250 G. N. Bliss Survey No. 1, ~stract 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 16 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; THENCE South ~0 deg. 23 min. 45 sec. West for a distance of 200.~l~f~et to an iron rod found for corner; THENCE South 34 deg. 20 min. 04 sec. West for a distance of 201.89 feet to an iron rod found for corner; T~ENCE South 52 deg~ 34 min. 42 sec. West for a distance of ~00.37 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. SO min. 25 sec. West for a distance of 199.30 feet to a point on a wooden bulkhead; THENCE South 53 d~g.. 18 min. 00 ~ec. West {ora distance of 89.26 feet to a ~oint oh %he end of a wooden bulkhead; THENCE North 06 deg. 01 min. 1-8 sec. East, for a distance of 425.17 feet to a fence post at the end of a chainlink fence; G-34 =_ Page 3 p~.RCEL "Ni" (continued) CheVron PADC - Lease Back Property CheVron U.S.A., Inc. - Po~-t Arthur Refinery B. C. Arthur Survey, A-61 T. & N. O. R.R. Section 121, Abstract No. 250 G. N. Bliss Survey No. 1, 3~stract No. 903 Jefferson County, Texas North 11 deg. 21 min. 54 sec. West- S50.96 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; THERCE North 48 deg. 22 min. 32 sec. East for ~ distance of 727.58. 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; TH~/~CE North 41 deg~ 26 min. 15 sec. East for a distance of 143.0S feet to an i:ron rod set for corner; THENCE South 4S deg. 27 min. 06 sec. East for a distance of 42.47 feet to a mark set in concrete at the Sou~heasterly face of a concrete block at a flood protection gate; THENCE North 42 deg. 24 min. 08 sec..East for & distance of 14.99 feet to a nail set in concrete for. corner; THENCE No~h 49 deg, 01 min. 24 sec. West for a distance of 12.17 feet to a nail set for corner; : THENCE North 40 deg. 38 min. 08 sec. East' for a distance of 132.0b feat to an "X" set in the Westerly line of the Kansas City Southern Railroad, in concrete for corner; THENCB SoNth 41 ~e~ 40 min. 36 sec. West, along and ~ith 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 !ina 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 Chevron pADC - Lease Back Property Chevron U.$.A., Inc. - Port A_~thur Refinery B. C. ~thur Survey, A-61 T. & N. O. R.R. Section 121; ~stract No. 250 G. N. Bliss Su~ey No. 1, Abstract No. 903 Jefferson Cowry, Texas THENCE South 42 deg. 45 min. 27 sec. East for a distance of 358.89 feet to an iron rod set for corner; THENCE North 41 deg. 13 min. 00 sec. East for a distance of 190.72 feet to the POINT OF BEGINNING and containinG 65.022 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. LCRK WHI £LEY $OCIXTES ~CO~O~TED Nove~er 2, 1994 409 /8~2~21 ~CEL "0" Che~on Chemical Facility - Lease Back Property Chevron U.S.A., Inc. - Port ~thur Refinery B. C. ~thur Survey, A-61 Jefferson County, Texas BEING a 0.109 acre tra~t or parcel of land situated in the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas and being out of and a part of the Chevron U.S.A. Port Arthur Refinery. property described as Tract No.2 containing 23.8 acres in deed from J. M. Guffey to Gulf Refining Co., dated February 7, 1902 and re~6rded in Volume 57, Page 166 of the Deed Records, Jeffers~nrCounty, Texas, said 0.109 acre tract being more particularly described as follows: COMMENCING at a Gulf monument found at the intersection of the Sdutheasterly right-of-way line of Seventh Street with the* Southwesterly right-of-way line of 60 foot wide County Road (known as the Texas Company Docks Road}; THENCE south 41 deg. 13 min. 00 sec. West, along and with the ~outheasterly right-ofTway line of said Seventh Street, for a distance of 1,385.97 feet to a point; THENCE North 48 deg. 47 min. 00 sec...West, crossing said Seventh Street, for. a distance 6f 64.00 feet to an iron rod found in and existing chainlink fence; .. THENCE South 41 deg. 13 min. 00 sec. West, along and with said chainlink fence, for a distance of 354.12 feet to an iron rod found for corner at the intersection with the Easterly-line of the Kansas City Southern 60 foot ~ight-of-w~y (formerly .Southern Pacific interchange :track); : - T~ENCE North 41 deg. 45 min. 00 sec. West, along and with said Easterly right-of-way line, for a distance of 2217.1S feet to a point for corner; G-37 Page 2 PARCEL "0" (continued) Chevron Chemical Facility - Lease Back Property Che%Ton U.$.A-, Inc. - Port Arthur Refinery B. C. ~_-thur Survey, A-61 Jefferson county, Texas THENCE South 58 deg. 48 min. 18 sec..Wast for a distance of 160.47 feet to a 4" guard post for the POINT OF BEGINNING of the herein described tract; THENCE contlnuinq South 58 deg. 48 min. 18 sec. West for e dist~ce of 65.S8 feet to a 4" guard post for corner; T~ENCE No~h 29 deg. 35 min. 09 sec. West for a distance of 73.63 feet toga 4" guard post for corner; TH~CE North 59 deg. 35 min. 58 sec. East for a distance of 64.38 feet to a 4" ~ard post for corner; ~CE South 30'deg. 45 min. 09 sec. East for a ~istance of 72~71 feat to the POINT OF BEGINNING and. containing 0.109 'acres of ' land, more or less. NOTE: 1) Bearings based on Port ~thur Lend Co.'SUbdiwision as recorded in Volume 1, Page 24 of the MaP Records, Jefferson County, Texas. 2) DrawingLin¢luded on s~arate sheet. G-38 ?