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HomeMy WebLinkAboutPO 6360: ANNEXING THE TERRITORY DESCRIBED IN EXHIBIT "A" P. O. No. 6360 12/19/13 updated gt ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, ANNEXING THE TERRITORY DESCRIBED IN EXHIBITS "A" THROUGH "J ", ATTACHED HERETO INTO THE CITY, WHICH IS ADJACENT AND CONTIGUOUS TO THE CITY OF PORT ARTHUR PURSUANT TO CHAPTER 43 OF THE TEXAS LOCAL GOVERNMENT CODE AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE THE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY, AND GRANTING TO ALL THE INHABITANTS OF THE SAID TERRITORY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY; ADOPTING A SERVICE PLAN; ASSIGNING ZONING TO THE ANNEXED AREA; PROVIDING FOR THE FILING OF THIS ORDINANCE WITH THE COUNTY CLERK; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Port Arthur, Texas ( "City "), is authorized by Chapter 43 of the Texas Local Government Code and by Article I, Sections 5 and 6 of its Home Rule Charter ( "Charter ") to annex territory adjoining the boundaries of the City in accordance with state law; and WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of areas that are not required to be included in a municipal annexation plan; and WHEREAS, a service plan for the Property was prepared, notice of the annexation of the Property was given in accordance with law, and public hearings before the governing body of the City regarding the annexation of the Property were held on November 19, 2013, November 21, 2013, and November 26, 2013 in the City Council Chambers of City Hall located at 444 Fourth Street, Port Arthur, Texas within the City, where all interested persons were provided an opportunity to be heard on the proposed annexation of the Property; and WHEREAS, the Property described in Exhibits "A" through "J" were subject to the following Industrial District Agreements, which will expire on December 31, 2013: A. Atofina/BASF /Sabina (Resolution No.02 -25 extended one year per Resolution No. 12- 326), now known as BASF TOTAL Petrochemicals LLC (BTP). s.po6360_updated P. O. No. 6360 12/20/13 updated gt ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, ANNEXING THE TERRITORY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO INTO THE CITY, WHICH IS ADJACENT AND CONTIGUOUS TO THE CITY OF PORT ARTHUR PURSUANT TO CHAPTER 43 OF THE TEXAS LOCAL GOVERNMENT CODE AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE THE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY, AND GRANTING TO ALL THE INHABITANTS OF THE SAID TERRITORY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY; ADOPTING A SERVICE PLAN; ASSIGNING ZONING TO THE ANNEXED AREA; PROVIDING FOR THE FILING OF THIS ORDINANCE WITH THE COUNTY CLERK; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Port Arthur, Texas ( "City "), is authorized by Chapter 43 of the Texas Local Government Code and by Article I, Sections 5 and 6 of its Home Rule Charter ( "Charter ") to annex territory adjoining the boundaries of the City in accordance with state law; and WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of areas that are not required to be included in a municipal annexation plan; and WHEREAS, a service plan for the Property was prepared, notice of the annexation of the Property was given in accordance with law, and public hearings before the governing body of the City regarding the annexation of the Property were held on November 19, 2013, November 21, 2013, and November 26, 2013 in the City Council Chambers of City Hall located at 444 Fourth Street, Port Arthur, Texas within the City, where all interested persons were provided an opportunity to be heard on the proposed annexation of the Property; and WHEREAS, the Property described in Exhibit "A" is subject to the following Industrial District Agreements, which will expire on December 31, 2013: A. Premcor Refining Group, Inc. (Valero): 1. Hydrotreater Refinery Expansion (Resolution No. 03 -297 extended by Resolution No.08 -494). s.po6360_updated 2. Tier II — (Resolution No. 05 -165 extended by Resolution No. 08 -494). 3. Refinery and HOUP (Resolution No. 08 -494). 4. Air Products (Covered under the agreement with Premcor pursuant to Resolution No. 08 -494). WHEREAS, the Property lies adjacent to and adjoins the present boundaries of the City, as depicted in the proposed official map of the City of Port Arthur attached hereto as Exhibit `B "; and WHEREAS, all procedures and requirements prescribed by the state law and the Charter have been duly followed with respect to the annexation of the Property; and WHEREAS, the City Council desires to adopt this Ordinance annexing the Property effective immediately. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR , TEXAS: Section 1. Incorporation of Premises. The above and foregoing recitals are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Annexation. The Property described in Exhibit "A" attached hereto and incorporated herein, which is adjacent to and adjoining the present boundaries of the City, is hereby annexed and added to the City, and the Property shall hereafter be included within the boundary limits of the City, and the present boundary limits of the City at the various points contiguous to the area as described above, are altered and amended so as to include said area within the corporate limits of the City. It is not the intent of the City to annex any territory which it has no legal right to annex, but to annex only such territory as may be legally annexed by it within the limits of the described Property. Section 3. Rights and Duties of Owners and Inhabitants of Newly Annexed Area. The inhabitants of the area herein annexed shall be entitled to all of the rights, privileges, and responsibilities of other citizens of the City and the area is hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. Section 4. Service Plan. A Service Plan for the Properties are adopted and attached as Exhibit "C" hereto and incorporated herein for all purposes, in accordance with Chapter 43 of the Texas Local Government Code, and is hereby approved as part of this Ordinance and is made a part hereof. Section 5. Zoning. Pursuant to Section 17 of the City of Port Arthur Zoning Ordinance, all territory annexed by the City is zoned Industrial until otherwise zoned by the City Council. s.po6360_updated Section 6. Official Map. The official map and boundaries of the City heretofore adopted and amended be and are hereby amended so as to include the Property described herein and depicted in Exhibit "A" as part of the City. The City Secretary is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory annexed as required by law. Section 7. Filing. The City Secretary is hereby directed to file with the County Clerk of Jefferson County, Texas, a certified copy of this Ordinance. Section 8. Savings. This Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 9. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Moreover, as it is the not the intent of the City to annex any territory which it has no legal right to annex, but to annex only such territory as may be legally annexed by it within the limits of the described property, should a Court of competent jurisdiction hold that any portion of the land and territory described in Exhibit "A" attached hereto and incorporated herein was not lawfully annexed by the City, the City Council hereby declares its intent that all remaining portions of the land and territory are to be considered lawfully annexed and that the City Council would have annexed such lawful portions even without the portion of the land and territory found to be invalid by the Court. Section 10. Effective Date. This Ordinance, adopted by the City Council on the date set forth below, shall take effect at 11:59 P.M. on December 31, 2013. READ, ADOPTED AND APPROVED on this day of A.D., 2013, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: s.po6360_updated Mayor ATTEST: • City Secretary APPROVED A TO FORM: City Attorney / APPROVED AS TO ADMINISTRATION: City Manager s.po6360_updated EXHIBIT "A" • Z /110/M4 110:00 usv• OVA LJID rrr e...aa&..+•+• • MARX W AND ASSOCATZS „ ' EIMIX I a� �1f V v3POMTEV oNs Vz71O ENGINE= SVNVZYDR , AND PLANNERS P.O. Jar u t December 14, 1994 1 s 1 26 TRACT 1 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 34.475 acre tract or parcel -of land situated in tpe B.C. Arthur Survey, No. 227 and in Range 1, Block Number 2 and irenge "Q , Block Number Two (2) , Jefferson County, Texea And being out of a 49.57 acre tract or parcel of land described in deed from Joe Stawts, Will newts, Mr's. Orialla Dupont, and her husband John Dupont, and David E. o' Fiel to Gulf Refining Company, dated July 3, fern on County, Texas, 658, tract being more Jet more tsxCounty, , particularly described as follows: COL4XENCING at Gulf monument found for the southwest corner of a 0.034 acre tract as described in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas; THENCE North distance of eet to a foot county found Gulf man roadway; THENCE Gulf monument in thetsouthalinetofc t a West Seventh Street; found I r d for POINT t OF o BEGINNING n of the n herein described tract; THENCE South 46.34'25" East, a distance of 998.81 feet to a point. for corner; �. THENCE North 41°16'34" East, a distance of 1469.56 ia to a st point for corner; THENCE North 48•44'04" West, a distance of 945.01 fast to a pint for corner; ' ° ia_'� Cam: � �= : - • THENCE North 41•16'41" East a distance of EiGd . 3rs for corner in the westerly right-of-way :in_ of State. Highway TA`j 1 Page 1 of 2 Attachment «A„ /16/14 U8:36 Vr,vr ors stato .... .. «,..,.... _ ._ Spur 214; TRENCE North 51 West, a distance of 53.36 feat to a pgnt for corner in the westerly right-of-way lino of State Highway Spur 214; TKENCE South 41 West, along and with the southerly right - Pf -way OF BEGINNING 34.475 acres land, snore or PO/NT ' F less. Notes: l) Bearings in Page 24 ofntheQ Re as r cords, Jefferson County, Texas. 2) Drawing included on separate sheet. W6d iletititkei&t:t;skAw .S., 0 IL • 6 4 .. Y i Fial yam. utiv6o4 Mark W. Whiteley, R.P.L.S. No f sVAIPIA \DATAV AACT Z .!IUD TRACT 1 page 2 of 2 MARX W. WHtTELEY AND ASSOCIATES _ ijVCORPORATED SMWI AM PLANNERS P.O. sa rsra: December 14, 1.994 B1SAUMO T, TAUS nn6 409/0411481 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 8,C. Arthur Survey, No. 227, and being part of Blocks Two and Three ( 2 & 3) Ra nga P, and Block Two (2) Range Q, Jefferson County,. Texas and being out of a 44.88 acre tract or• parcel of land deescribod in deed from Holland Texas Nypotheek Bank to Gulf Refining Company, dated November 11., 1915, recorded in Volume 3.51, Page 627, Deed Records, Jefferson County, Texas, said 40.410 acre tract being more particularly described as follows: COMMENCING at Gulf monument found for the southwest corner of a 0.034 acre tract as described in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas; THENCE North 42 East for a distance of 1939.55 feet to at. found Gulf monument in the west line of a sixty (60) foot county roadway; THENCE North 48 West for a distance of 928.35 feet to a found Gulf monument in the south line of West Seventh Street; THENCE North 41'24' 00" East for a distance of 2301.30 teat to a point for corner ; said point also being the northwest corner a� the 34.475 acre tract described as Tract 1; THENCE North 04'37'19" East for a distance of 231.49 feat to an 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 2655.73 teat 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 line of State Highway Spur 214; for a distance of 1 , 322. feet to a point for .corner in the westerly right - of - way line ct State Highway Spur 214; TRACT 2 Page 1 of 2 1/10/0• VO.Jf yw.. ...eft •■\• - THENCE South 41.17'24" West, along and with the northerly right" of-way nOF 1931.70 feat to land, sere the e POINT or lass. Notes: 1) Bearings Based on Port 1, Page ofnthepMapuRecords as , Jefferson County, Texas. 2) Drawing included on aspirate sheet. ........... 1 I 4H S5 5 \' * act 11, 3635 • ��= 3� t`'�. Mark W. Whiteley, R.P.L.S. No. • a uN _-V iiWP60\DATAITRACTZ.NU TRACT 2 Page 2 of 2 MARK W. WHI'BLEY AND CO TED CONSUMOIO WOWS= IMMO= AND PLU1QVZZRS P.O. BO%WW S BiLitIMONZ TZXAS 7176 409t8912.6421 December 14, 1994 TRACT 3 Chevron U.S.A., Ind. - Port Arthur Refinery Jefferson County, Texas • Being a 554.093 acre tract or parcel of land situated in in , the B 4 .C. Blocks Arthur Survey, No.227 and in Ranges P and Q, aaCd (2,3 g 4) , Jefferson County, Texas and being a tract or po . 1� of la described dated November scardsdpinyVolume Refining CooP�Y r 913 rd a Vo also 140, Page 216, Dead Records, Jefferson County, , being a tract or parcel of land descri 3 from 01o Port Land Company to 1J. M. Guffey, se 3 1 01 county, recorded in Volume 49, Page 632, Deed Records, Texas, and a tract or parcel of land described a iin ad deed � Por Arthur Land Company to Gulf Refining Company, son 1902, recorded in Volume 56, Page 160, Deed Reds, eTfeX County, Texas, said 554.093 acre tract being more described as follows: COMMENCING at a calf found Volume 219, sPageW76tofo 0.034 acre tract as described in Records, Jefferson County, Texas; THENCE North 37!29 ' 18" Watt for a distance of 1009.73 to a point for corner; said point also being the POINT of BEGINNING of the herein described tract; THENCE North 41'40' 36" West along and with the easterly line of Kansas City Southern railroad right-of for a dist=ance of 3988.28 feet to a point for corner; THENCE North 10 °25 West for a distance. of 95.85 feet tc a point for corner; THENCE North 06 °45'Se adp'tancurv$ tc *h' - right; ; a point for corner fe_ , - t h s beginning TRACT 3 2Age 1. of THENCE continuing along and with right -of - way line 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 50.37'47 ", a chord which boars South 11'54'24" West 657.23 feet, for an Arc length of 679.11 feet to a point for corner in the south right -of line of State Highway 871 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 87; for a distance of 229.19 rest to a point for corner in the south right -of -way line of State Highway 87; THENCE South 49'46'16" East, along and with the south right -of- way line of State Highway 87; for a distance of 60.01 feet to a point for corner in the south right -of -way line of State Highway 87; THENCE North 38°17'24" East, along and with the south right-of way line of State Highway 87; for a distance of 1850.06 feet to a point for corner in the south right -of -way line of State Highway 87; THENCE South 51.42'36" East, along and with the south right -of way line of State Highway 87; for a distance of 13.99 feat to a. point for corner in the south right -of -way line of State Highway 87; THENCE North 38'17'24" East, along and with the south right -of way line of state Highway 87; for a distance of 172.65 feet to a point for corner in the south right-of-way line of state Highway 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 feat to a point for corner; THENCE South 48. 4hw�6�FsEur�214iofor and distance the ufe243F ,�I3t t line of State Highway Spur point for corner; THENCE South 02'02'36" East, along and with the wsster1y right of-way line of an 80 foot Texaco pipeline Right -of -Way; for a distance 2965.02 feet to a point for corner in the north riy`s of-way line of West Seventh Street; TRACT 3 paged 2 of 3 THENCE South 41 West, along and with the north right way intefor cornera Street; north right- of- way of West a pai West Seventh n Street; w line NCE South West4SeventhaStreet; and with the distance north f way feet to ay a point for Corner; THENCE North 41•17'24" East, along and with the north right - of - foor a aidistanceSof Seventh 3787, 05Street toand the Point of line Beginning Tract and fr containing 554.093 Acres, more or less. Notes: 1) =corded in Volua a 1, Arthur Land cords, as Jefferson County, Texas. 2) Drawing included on ssperate sheet. \aal Al 1 11 .0-411 .t Mark W. Whiteley, R.P.L.S. No. 3636 3 B 1 + r:e. , :` i s \ 60\DAT A \T RACT3 >>lii TRACT 3 Page 3 of .5 • , t i • • • • • • , is ,,;/ �, • '� '�.: i • \ ' _��.�.. h i s- i "' ` _,./ • / ri • \ # c .. �` - E } 1 _ _ L • i ! t . • -....- ---..-. ....,,..,- , —7.s ,. .., , . , t , .. ,........,....i .-- I '\_,, � ..'"'-''SS',,_- i / � f ( �p� � N'...' ''," C r _ . . Y ! . .. c am _: �,,,/�' / ki , ;, 1 .•i. _ - x,,ff -.1 —, I — ,1•� 0` V � ''''''",;.c% • i r . �. : \ ; , '. • j ♦ , • I . .,6 1 _ ? : _�.. , .i »t s ,i '4 ! ' j i ({ \���' :ti ! •y�YJ� � .. ( a j r^•4• --� ! f F � � , r_"'( -:ra` : \ 1, � ! , 1� , 7.. '"' i • •t iD a '- n ' , • ,'" ' • I ..)..,%;',..;;; ' i J , � 7 %. ,'' \� ��1 � , . , . ' . 44., ?_,• � s 0 0----"-- '. ` i •. . p E *: \; , mil' -t 6 1). ..'•l. ;Alt' ' { ' + • � ; R ® �' 1. � f , \ _ ii /" 1 ti g ° .yRai•. •.. . �' ' ... E 7-111.":;: ` i ` J {. '(( ' � ^ ' TT p z it,_._._ ti `s i `, i ✓ \ • f 1 THE PREMCOR REFINING GROUP, INC, ti • PORT ARTHUR REFINERY 1 PORT ARTHUR, TEXAS r • • • ARE WHIMSY D ASSOCUTBS ED z rolo mama= • T0& AND HA MM • WINOS December 14, 1994 ssrtr TRACT 4 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 40.311 acre tract or parcel of land described in that certain deed from Port Arthur canal and Dock Company to Gua . Refining Company dated June 28, 1922, recorded in Volume 213, Page 269, Deed Records, Jefferson County, Texas, and also a QuitClaim Deed from Port Arthur Land Company to Gulf Oil Corporation dated November 9, 1937, recorded in Voluna 44 2, page tract biking • Deed 40.511 acre COMMENCING at a Gulf monupent found for the southwest o corner p o f da 0.034 acre tract as described in Volume 219, Page Records, Jefferson County, Texas; poin t he BEGINNING distance of describedetract; THENCE continuing in a northerly direction along a curve to the Right having a Radius of 714.50 feat, a Central Angle of 12.02'10 ", a chord which bears North 47.56'09" West, for an Arc length of 150.10 feat to a point for corner; THENCE North 43. West, along and with Kansas City Southern right -of -way for a distance of 816.85 feat to a point for cc:nsr; THENCE South 41 West, a distance of 20.15 feet to a point for corner; THENCE North West, .Point for corner; in - the north Street; THENCE North 41°17'24" East, along the north right -of -way lira of. the abandoned West Seventh Street andotheasoet1 line of Tract 3 a. distance of 1743.05 feet to point TRACT 4 Page 3. of 2 LY/ ars ..a. v.. v• -- •••••• sv .• THENCE South 48.42'36" East, a distance of 988.35 feet to a point for corner; THENCE South 41.13'45" West, a distance of 3.828. 62 feet to the POINT 0? BEGINNING end containing 40.502 acres of land, more or less. Notes: 1) Bearings Based on Port.Arthur Land Co. subdivision as recorded it Volume i, Page 24 of the Map Records, Jefferson County, Texas. 2) Drawing included on separate sheet. c , sli tt, fitit . 4 Mark W. Whiteley, R.P.L.S. No. 3636 `'"!'!e.. ► ,WP6G\DATA\fJ%* T4.M31 TRACT 4 Page 2 ce .2 :/16/9 4 09:03 174UV 192 1341 ilR naiiaL.ca ..•v MARX WRITILEY AND ASSOCLd1 ES INCORPORATED $U RS3mR9, AND PLOIr R3 P.O. 1OX54 2 December 14, 1994 BBAuMGN7', 170:49 77726 • 409/392.4421 TRACT 5 Chevron V.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 3.03.224 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, Deed Records', Jefferson County, executed by the Texas New Orleans Railroad Co. in- favor of Gulf Refining Co., also that 16.17 acres descdribed by Deed dated 12 -3 -46 recorded in Volume 651 Page 74, Dead Records, Jefferson County, executed by Port Arthur canal and Dock Co. in favor of Gulf Oil Co., also that 37.06 acres described by Deed dated 6 - - recorded in Volume 222 Page 483, Dead Records, Jefferson County, executed by G. N. Bliss in favor of Gult Refining Co., also that certain parcel known ass Tract 2 in Dead dated 6 -28 -22 recorded in Volume 21.9 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, Jefferson County, executed by Joe Stewts, et al, in favor of Gulf Refining Co., also that certain .7.40 acre tract described by Deed dated 1 -16 -22 recorded in Volume 213 Page 269, Deed Records, Jefferson County, executed by Port Arthur Rice Milling Co. in favor of Gulf' Refining Co., also that certain 0.43 acre Quitclaim Deed dated 6-- 28-22 recorded in Volume 222 Page 328, Deed Records, Jefferson County, executed by The Trustees of the Port Arthur Land Co. in favor of Gult Refining Co. , also that certain Tract known as 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 Paga 166, Deed Records, Jefferson County, executed by J. M. Guffay Petroleum Co. in favor of Gulf Refining Co., also out of and part of that 70.00 are tract or parcel as described by Deed dated 1 -11 -02 recorded in Volume 56 Page 160, Deed Records, Jefferson County, also out o.; and part of that certain 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 Port Arthur Land Co. in favor of J. M. Guffey Petroleum Co., also that certain 1.11 acre tract described 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 rJ_ Gulf Refining CO., said 103.244 acres bain•y : a 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 point for corner in that Southerly Right -of -Way line of the Kansas City Southern Railroad; THENCE, a curve to the Right, along said Southerly Right -of -Flay line, from whose the chord bears North 4B'28'13" West, a distance of 138.90 feat, along that curve concave to the northeasat, having a radius of 794.50 feet and a central angle of 10 "; THENCE North 41'40'36" West, a distance of 4754.97 feat 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 feat to a point for corner is th• Northerly Bank of the Turning Basin; THENCE South 72 0 55'22" East, along the North side of said Turning Basin, a distance of 42.98 fest, to a point on the existing Headwall for corner; THENCE South 65 °29'15" East, a distance of 95.85 feet, to a point- on the existing Headwall for corner; THENCE South 59 East, a distance of 44.54 feat, to a point on the existing Headwall for corner; THENCE South 77 East, a distance of 25. 61 feet, to a point on the existing Headwall for corner; THENCE South 42 °21'32" East, a distance of 318.57 feet, to a point on the existing Headwall for corner; THENCE South 59 West, a distance of 50.63 feet, to a point on the existing Headwall for corner; THENCE South 29 0 36'07" East, a distance of 849.33 feet, to a point on the existing Headwall for corner; THENCE South 23 °47'44" East, a distance of 1208.02 fast, to a point on the existing Headwall for corner; THENCE South 48'53'15" East, a distance of 850.91 feet, t. point on the existing Headwall for corner; THENCE North 39 0 58'06" East, a distance of 49.59 feet, tw a point on the existing Headwall for corner; TRhCT 5 Page 2 of 4 THENCE South 48 "32'56" East, a distance of 234.76 feet to an iron rod found for Corner; THENCE South 02.16'15' West, a distance of 30.72 feet to an iron rod found for corner; THENCE South 42'06'26" West, a distance of 273.86 feet to an iron rod found for corner; THENCE South 48.40'11" West, a distance of 850.45 feat to an iron rod found for corner; THENCE South 37 West, a distance of 58.96 feat to an iron rod found for corner; THENCE South 09°12'18" East, a distance of 909.79 feat to an iron rod found for corner; THENCE South 10•17'44« East, a distance of 246.66 feat to an iron rod found for corner; THENCE South 11.47'42" East, a distance of 273.53 feet to an iron rod found for corner; THENCE North 54'48'49" East, a distance of 88.17 feet to an iron rod found for corner; THENCE North 69°06'30" East, a distance of 199.73 feet to an iron rod found for corner; THENCE North 80.47'47" East, a distance of 166.13 feat to an iron rod found for corner; THENCE North 80.39'45" East, a distance of 633.29 feat to an iron rod found for corner; THENCE North 65.43'07" East, a 'distance or 197.89 feet to as LYc�;s rod found for corner; THENCE North 62..12'28" East, a distance of 201.96 feet to ea ira.1 rod round for corner; THENCE North 52.05'05" East, a distance of 198.63 feet to an iron'. rod found for corner; THENCE North 34.20'04" East, a distance of 202.39 feet to an irc ~• rod found for corner;. THENCE North 20'41'05" East_, a distance of 201.24 feet to an iron- rod found for corner; TRACT 5 Page 3 of 4 • THENCE North 14 East, a distance of 63.15 feet to an iron rod found for corner; THENCE North 16.51'40" West, a distance of 230.63 feet to an iron rod found for corner; THENCE North 23.48 a 0O t West, a distance of 300.34 teat to an iron rod found for corner; THENCE North 41.13'00" East, a distance of 214.93 feet to th• POINT OP BEGINflNG. Containing 103.224 Acres, more or less. Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map RScords, Jefferson County, Texas. 2) Drawing included on separate sheet. t jr t A 4 414 Mark W. Whiteley, R.P.L. S. Ho. 3636 ~.+4; 4'�:q•�' o Y • s'utivu Ft WP601AAtA \T*ACT3.MU TRACT 5 page 4 of 4 AND ASIVOCUMS INOCUVOLUZD OONSULITMOINSVilliaL Deceaber 14, 1994 I.OL�[ial a 2sus rine Mace 6 Chsvron P.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 371.719 ears tract or parcel of land out of and part of that certain 279.46 acres of land described as "first Tract" by Deed dated 2 -26 -07 recorded in Voltage 95 Page 4169, Deed litecorde, Jefferson County, executed by 5.i. Phillips in favor of Gulf Refining Co., also that **realm tract known as R Tract 1" as described in Deed dated 11 -14 -20 recorded in Volta' 2276 Page 257, Deed Records, Jefferson County, sxsautsd by Texaco, In¢..in . favor of Gulf Oil Co., also that certain 27.20 acre tract as described by Deed dated 5 -29 -13 recorded in Volume 139 Paige 44, Deed Records, 3.1terson County, also that certain 40 loot strip of land being ors particularly described as »Tract 1* by Dead dated 12 -32 -21 recorded in Volume 212 Page 5, Deed Rac0rde, Jefferson County, •xscuted by The County of Jefferson in favor of Gulf Refining Co., also that 3.73.01 acres as described by Deed data 10.30 -15 recorded to Volume 123 Page 11, Deed Records, Jefferson county, executed by The Texas Co. in favor of Gulf Rsf ining Co., also part of that 1.17 acre tract described by peed dated 3 -39 -15 recorded in Volume 249 Page 09, Deed Records, Jefferson County, executed b�Xy The Trustees of The Port Arthur Land Co. in favor of Gulf Refining Co., said 371.719 scree biking more particularly described as follovst coNXBNCIN6 et a Gulf oil monument found for the southwest corner of a 0.034 acre tract as described in Volume 219 Page 76; THrwCE North 01.15'31• West, a distance of 6630.63 feet to a point for corner at the Northwsterly corner of the int.rasation of the Soathorn Pacific Railroad and Spurr 214 forth* POINT Of BEGXWNINC; THENCE North 42.42'36« West, a 6istanca of 3719.16 feat to a point for corner in the Southwesterly Right -of -Way line of Spurr 214; THLNCE South 62.26'26" lest, along the centerline of Alligator Bayou, a distance of 1616.17 feet to a point for corner; THENCE South 24.44'30` lest, a distance of 336.67 fest to a point for corner in the beginning of a curve tangent to *aid Lima; twi lled Ile ulbse V, 4944 Page 1 of 3 EC 27 '94 11:83 429 332 :34P, e,aGc.a2= • TflINCE southvsatsrly, westerly, northvsstarly and northerly a distance of 120.19 feat to a point for corner along the curve concave to the north, baying a radius of 50.00 feat and a central angle of 1311'11'20 MOWN North 16 West tangent to said curve, a diet*nc. of 24.05 teat to a paint for earner in said "Tract 1•; WOWS North 45.50'47■ West, along the North Line of said •Tract 1 a distance of 11.00 feet to a point for corner; TEX*CS Worth 71 Mast, a distance of 126.04 fast to a point for corner; TM (CS North 67 Nast, a distance of 60.09 last to a point for corner; 1UZNC2 South 15 Meat, a distance of 60.91 fait to as point for corsser; TBD4CE South 10 0 30'52" Nast, a distance of 100.96 feet to a point for corner; THIN= South 76 Nast, a distance of 123.41 fest to a point for corner THENCE South 66 West, a distance of 91.21 feet to a point for corner; THENCE South 59.56'40" Nest, a distance of 156.61 fast to a point for corner; THENCE South 48'49'06' West, a distance of 70.05 feet to a point for corner; TTHZHCE South 32.46'13" West, a distance of 107.22 fest to a point for corner; T111Z1'C5 South 7o•o6'31" West, a distance of 159.21 fast to a point for corner; THENC1S South 50 Bast, a distances of 33.22 fait to a point for corner; THENCE South 01.46'02" West, a distance of 63.211 feet to a point for corner; THENC3 Seth 53 31st, a distance of 27.65 fait to as point far corner; THENCE South 59 Nast, a distance of 139 ,15 feat to a point TRACT he .ar 27, TOM Faqir 2 of 3 EC ?7 '94 11:19 439 Vin. 1346 F'r!5c.**.3 for cornier; THENCE South 61'51'50 Mast, a distance of 541.26 fast to a point for corner: • THENCE South 59 Nast, a distance of 295.50 feet to a point for corner THENCE South 10 Mast, a diatoms of 318.65 fast to a point for Corner; TEEIICE South 32•01'59 Vest, s distansca of 235.33 fact to a point for corner in the Xorthorly Eight -of -Way line of the Southern Pacific Railroad (based on • loo' Right -of -Way) ; THENCE South 5•�5'33� last, along and with ths said Northerly line, a distance of 2222.22 feet to a point for cornar to this beginning of a curve tangent to said lino; THENCE southeasterly and southerly a distance of 1311.00 legato a point for corner along the carve concave to tbs southvtast, having el radius of 1545.36 fest and a central angle of 40 THENCE South 10.35•06■ Bast tangent to said cwcva, a dlstones of 1131.47 feet to a point for corner to a point of cusp on a curve concave to the southeast having a radian oZ 861.52 rest i d • a central angle of 20 and being subtended by a chord which bears North 27 East 303.65 teat, said rod also balnq at the intersection of said Northerly line and tiles Westerly Right - of -Way line the Southern Pacific Railroad; THENCE northsrly and northssstasly aloe; said curve, a distance of 305.42 feat to a point for cornorJ THENCE North 37 East, along and with said Southern Pacific Railroad, a distance of 5029.71 feet to ths POINT OF 9EGZl4NilQ. Containing 271.719 hares, more or less. Notest 1) Bearings sasad on Port Arthur Land Co. Subdivision se recorded in Volume 1, Psgs 24 of the Nap Records, Jefferson County, Texan. • 2 Craving included on saparats shoat. • ) 0! Mark W. Whiteley, A.P. . . •. 3636 ..i.wr .. }i • • n :wsowtaA:sAneaes e � a a 94 c}' sw►rr a • Noffaad IPOS40110f if, 1994 Page 3 of 3 )EC 27 '34 title 439 992 :)45 P,a,r.aa4 lae..r 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. Be 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. N. 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.0. R.R. Co. Survey, Section No. 121, Abstract No. 250, Jefferson County, Texas; and being more particularly described in that certain Deed dated 10-21-16 recorded in Volume 152 Page 97, executed by E. A. Laughlin and N.M. Barrier in favor of Gulf Refining Co., Save and Except that 0.127 acres as described as "Parcel No. 1 and Parcel No. 2 ", in that certain Right -of -Way deed dated 5 -18 -33 recorded in Volume 365 Page 626, Deed Records Jefferson County, Texas, also being part of that certain 142.839 acre tract out of and part of the Franklin Baker Survey No. 2, being also called the John Wescott Survey, Abstract No. 725, and being described in that deed dated 2 -25 -48 recorded in Volume 689 Page 557, Deed Records Jefferson County, executed by the McFaddin Trust in favor of Gulf Refining Co., also that certain 20.00 acre tract out of the John Wescott Survey, Abstract No. 725. as described in deed dated 7.6 -77 recorded in Volume 2022 Page 220 Deed Records Jefferson County, executed by Dan Benson, et al, in favor of Gulf Refining Co., also that 120.00 acre "Second Tract" out of the Franklin Baker survey No. 2 described in deed dated 11 -6 -17 as recorded in Volume 169 Page 88 Deed Records Jefferson, 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 11 -6 -17 as recorded in Volume 169 Page 88 Deed Records Jefferson count,:, executed by John J. Wescott and May B. Wescott in favor of Gulf Refining Co., also that certain 39.8074 acre tract es described in deed dated 12 -1 -82 recorded in County Clerks Film Code No. 100 -01 -1572 Real Property Records Jefferson county, executed by W. P. Clements, Jr. Governor of the S tat: of Texas and Bob Armstrong, Commissioner of the General Land Office in favor of Gulf Oil Co., also that certain I0.0630 acre described as "Tract 2" in that certain deed dated 11 -14 -80 recorde_i in Volume 2276 Page 267 Deed Records Jefferson county, executed by Texaco Inc. i n favo; r•' 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 certa n dztd - 'a!:;:1 1 1- i9.1' recorded in Volume 487 Page 72. Deed Records Jefferson County. executed ;b■ Texas area Nv Orleans Railroad Co. in favor of Gulf Oil Co.. also 16.54 acres oet of the T. & N.O. R R. C: Survey No. 121, Abstract No 250, as described in deed dated 4 -4 -51 recorded in Vo ;true Page 102. Deed Records Jefferson County, executed by Seence tee C re::u_ti: Ce fever of Gulf oil Co • 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 Waterway Northerly Right -of -Way line as recorded in Volume 330, Page 136, Deed Records, Jefferson County, and the Southwesterly Right-of-Way line cf State Highway 87 for the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 72 °57' 13" WEST, along and with the said Intracoastal Waterway Northerly Right-of-Way line and the most Southerly line of the said TRACT 7 and the tract herein described, for a distance of 403.26 feet to a 5/8 inch iron rod utith cap stamped "WORTECH" for the Southeast comer of that certain called 394.130 acre tract or parcel of land as described in a CORRECTION SPECIAL WARRANTY DEED dated October 16, 2003, from THE PREMCOR REFINING GROUP, INC., a Delaware Corporation, to JEFFERSON COUNTY WATERWAY AND NAVIGATION DISTRICT, recorded in Clerk's File No. 2004007419, Official Public ' Records of Jefferson County, Texas, and also being the most Southerly corner 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 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 icon rod with cap stamped "WORTECH"; NORTH 47 °03'54" WEST for a distance of 232.14 feet to a 5'8 inch iron rod with cap stamped "WORTECH "; NORTH 36 WEST for a distance of 214.38 feet to a 5:8 inch iron rod w ith cat stamped "WORTECH "; NORTH 30 WEST fora distance of 166.22 feet to a 5;8 inch iror rocl with c'_'' stamped "WORTECH "; NORTH 43 °35'49" WEST for a distance of 54.37 feet tt a 5=8 inch ircnrod stamped "WORTECH"; NORTH 70'48'48" WEST fora distance of 32.36 feet to a 5'8 inch tronrod with c., stamped "WORTECH"; NORTH 82'50'30" :WEST for a distance of 405.09 feet :0 a 5'8 inch '.:on rod .will. stamped "WORTECH "; �i WEST 0.l fee: t'' 3 inc: r. ,. SOUTH 55'0 52' �: EST f� :r a �3is�ar�. . ►.` t5� � i -- - ... __. _ramped "WORTECH"; • NORTH 53 °48'09" WEST fora distance of 58.59 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 01 °45'02" WEST fora 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 05 °15'49" EAST for a distance of 554.53 feet to a 5/8 inch iron rod with cap stamped "WORTECH "; NORTH 11°25'41" WEST for a distance 01 206.61 feet to a 5/ 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 fora distance of 220,02 feet to a 5/8 inch iron rod with cap stamped "WORTECH"; NORTH 57 °09'52" WEST fora 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 518 inch iron rod; THENCE SOUTH 04 °46'06" EAST, along the common line between the said 394.130 acretract and the said tract herein described, for a distance of 80.14 feet to a 5/8 inch iron rod; THENCE in a South r.sterl; direction along the common line between the said 394.130 a:e tract and the said tract herein described the following courses and distances; SOUTH 03° 1 VS9" WEST for a distance of 30.03 feet to a 5/8 inch iron rod; SOUTH 30°03'18" WEST for a distance of 39.95 feet to a 5/8 inch iron rod; SOUTH 46°43'41" WEST for a distance of 39.89 feet to a 5/8 inch iron rod: SOUTH 58 °37'27" WEST for a distance of 80.01 feet to a 5/8 inch iron rod: SOUTH 63 °09'03" WEST fora distance of 89.86 feet to a 518 inch iron rod: SOUTH 71'20'22" \VEST for a distance of 109.19 feet to a 5 inch iron rod: SOUTH 76 WEST for a distance of 70.88 feet to a 5/8 inch iron r : 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 till common line between the sail 394. 3 A;.c' tract and the said tract herein described the following courses and distances: NORTH 87''22'50" \VEST for a distance of 70.19 feet to a 51 inch inn: d: WEST i ett ? a 5.i8Inchir's ;rod.,, 'NORTH 02 fir a distanc of et a�.i� � f.. NORTH 5 1'11'1 1" WEST Por a distance of 1'.68 fee! tL 3 5'3 Page 3 NORTH 08 °06'45" WEST for a distance of 216.03 feet to a 5/8 inch iron rod ; • NORTH 56°26'11" WEST for a distance of 55.94 feet to a 5/8 inch iron rod; NORTH 54 °06'47" WEST for a distance of 27.19 feet to a 5/8 inch iron rod; NORTH 07 °56'27" WEST for a distance of 24.73 feet to a 5/8 inch iron rod; - NORTH 11°50'36" WEST for a distance of 85.24 feet to a 5/8 inch iron rod; NORTH 10 °0428" 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 17'0721" 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 300.23 feet to a 5/8 inch iron rod ; NORTH 89 °38'01" WEST for a distance of 254.18 feet to a 5/8 inch iron rod; SOUTH 78 °59'08" WEST for a distance of 1 79.32 feet to a 5/8 inch iron rod; SOUTH 78°14'29" WEST for a distance of 549.57 feet to a 518 inch iron rod with cap stamped "WORTECH'; SOUTH 37`56'28" \VEST for a distance of 206.57 feet to a 5/8 inch iron rod with cap = stamped "WORTECH' ; SOUTH 02°10'39" WEST fora 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 °09'33" WEST for a distance of 527.03 feet to a 5!'8 inch ion rod with stamped "WORTECH SOUTH 05 °40'11" WEST for a distance of 196.89 feet to a 5/8 inch iron rod with CV stamped "WORTECH SOUTH 13 °33'14" WEST for a distance of 1004.20 feet to a 5/8 inch iron rod with stamped '`WORTECH" located in a Westerly line of the said TRACT 7 and also te'r;, in the Wester') line of the said Tract 2: THENCE NORTH 01 °41'46" EAST, along the said Westerly line cf the said Ti&AC T 7. &e is: Tract 2 and the tract herein described, for a distance of 496.50 feet to a Gulf n ::.n nee nr. Far corner; THENCE NORTH 88' 06 49" WEST, along and a.ith a Southerly line of said TRACT 7 :.: the said tract herein described, a distance of ! 0 f.:-_':. to a poi:1i for corner in the JJu .he - 1i::".; line. of the Jefferson Cour* 1.11. tna% Distri..: `t'. '.Lni.. Outla;: lru n ?t. ais.. Southwesterl} comer of that certain Tract 3 of _aid 1 a2.53' Par 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 corner also being in said Southeasterly line of D.D. 7 Oiatfall 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 corner in the Northwesterly line of said Outfali Canal; THENCE SOUTH 46° 43' 29" EAST, along and with a Northeasterly line of said TRACT ?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 thcsaid tract herein described the following courses and distances; NORTH 01° 06' 04" EAST, a distance of 358:89 feet to a point for corner; NORTH 44° 18' 04" EAST, a distance of 348.06 feet to a point for corner; NORTH 19° 44' 31" EAST, a distance of 252.95 feet to a point for corner for the most Southwesterly corner of said 10.0630 acre Tract 2; THENCE NORTH 18° 06' 28" WEST, along and with the Westerly line ofsaid 10.0630 em tract and a Westerly line of the said TRACT 7 and the said tract herein described, a distant, of 100.26 feet to a point for corner; 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 corner; NORTH 13° 26' 58" WEST, a distance of 169.19 feet. to a point for comer; NORTH 06 °- 35' 24" WEST, a distance of 120.91 feet, to a point for comer: NORTH 04' 45' 47" WEST, a distance of 121.92 feet. to a point for comer; NORTH 06 20' 31" WEST, a distance of 87.61 feet, to a point for corner; NORTH 03 48' 09" WEST, a distance of 106.37 feet, to a point for corner; NORTH 08° 13' 01" WEST. a distance of 99.75 feet, to a point for corner; NORTH 26 44' 50" EAST, a distance of 104.69 feet, to a 5 %8 inch iron rod for cones: NORTH 35' 24' 1 5" WEST. a distance of 110.78 feet. to a 2 inch iron pipe for corn:;: NORTH 38' 54' 28" EAST, a distance of 147.09 feet, to a point for corner; NORTH 51° 05' 32" WEST, a distance of 568.96 feet, to a point for corner; NORTH 38 54' 28 " East, a distance of 100.00 feet, to a point for corner in the Sown ere: Right- of-Way line of the Southern Pacific Railroad (based on a 100 foot Right -o#- ,ay' and the most Northerly corner of the said TRACT 7 and the said tract h_rein descr:ye=: THENCE SOUTH 51' 05' 31" EAST. along and with said Southerly Right- of -Way i i, e am; the Northerly line of said TRACT 7 and the said tract herein described. a distance o26 1. . a beg :r_oic g t' d l.j; • e to the- SC'u :r: Vi es: na.Ing a t Edi s l', i 84.x.. tttZ. ac. -. -.... ... r jG� angle of 40° 40' 25" and being subtended by a chord which bears South 30° 45' 19" East 1282.67 feet, to a point for corner; 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 1310.00 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 corner in the 'Westerly line of a Road Easement from the State of Texas to Gulf 011. 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 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 corner, THENCE SOUTH 29° 49' 24" WEST, along the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 100.86 feet to a point for corner in the Westerly line ofState Highway 87 for the beginning of a curve tangent to said line; THENCE Southwesterly and Southerly, along 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 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 87 and the Easterly line of the said TRACT 7 and the said tract herein described, the following courses and distances; SOUTH 10° 17 36" EAST tangent to said curve, a distance of 1 47.00 feet, to an iron rod for comer; SOUTH 07' 27' 08" EAST a distance of 333.63 feet, to a Texas Depan meta of Transportation Highway Monument for corner; SOUTH 12° 42' 33" EAST, a distance of 548.48 feet. to a point for corner; SOUTH 10° 25' 06" EAST, a distance of 4577.81 feet, to an iron rod for beginning c curve tangent to said line; THENCE Southerly along the said Westerly line of State Highway 87 and the Easterly lint cf the said TRACT 7 and the said tract herein described. a distance of 766.64 lee;. to a peek?. f corner along the curve concave to the east. having a radius of 5779.64 feet. and 3 c.:1eral and: 07° 36' 00 "; THENCE SOUTH 18' O;")6" EAST. a! ng Easterly line of the said TRACT? and the said tract herein desc-ibe . tai• ,. . distance cf 1601,58 feet to a point for corr:u: Page 6 7 THENCE SOUTH 17° 39' 37" EAST, along the said Westerly line of State Highway 87 ad the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 1 803.26 feet to a Point for comer; THENCE SOUTH 17° 07' 06" EAST, along the said Westerly line of State Highway 87 and the Easterly line of the said TRACT 7 and the said tract herein described, a distance of 988.17 feet to the POINT OF BEGINNING, containing 1161.0954 Acres, more or less. Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision as recorded in Volume 1. Page 24 of the Map Records. Jefferson County Texas. tia:e Gi' • .14.10• 01 Yi. ••, y ••• ••• i.►1v . • ..� ••• ■ MARX , s/� �QQT Llif��l� 4(ND A SMOCL4TES RPORATED cola ULTIMO IINOMMIS 3..V.. zJ MW AND PIANN IRS December 14, 1994 RQBOX6t92 DaaMONT, =LS nue 409/1924421 TRACT 8 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 1151.947 acre tract or parcel out of the T. 1. o. R.R. Survey Abstract No.'s 279, 280, 281 and 282 and part of that certain 1168.220 acre tract as conveyed by Correction Dead dated 6 -15 -54 described in Volume 946 Page 461 Deed Records, Jefferson County, Texas, executed by W. P. H. McFaddin at al, in favor 6f Gulf Refining Co., COMMENCING at Gulf monument found for the southwest corner of a 0.034 acre' tract as described in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas; THENCE North 88 °02'57" West for a distance of 7651.85 feet to the POINT OF BEGINNING of the Tract heroin described; THENCE North 10'41'30" East, along the Easterly line of said Survey No. 282, a distance of 5713.10 feet , to a point for corner; THENCE North 01 °41'54" East, along the Easterly bank of Taylors Bayou, a distance of 795.29 feet to a point for corner; THENCE along and with the meanders of Taylors Bayou the Polowing Courses and distances: North 65.50'55" West, a distance of 185.16 feet; North 65 °16'37" West, a distance of 214.32 feat; North 82 °52'05" West, a distance of 157.57 feet; • South 83 °24'08" West, a distance of 224.05 feet; South 83 0 05'41" West, a distance of 210.13 feet; South 77 9 02'38" West, a distance of 208.07 feet; South 78 0 30'24" West, a distance of 272.02 feat; South 85 °22'58" West, a distance of 242.25 feet; South 89'26'42" West, a distance of 242.77 feet; North 88'05'59" West, a distance of 170.97 feet; North 83 °33'43" West, a distance of 201.28 feet; North 83'24'04" West, a distance of 214.13 feet; South 89 °57'31" West, a distance of 189.34 feet; North 85'44'59" West, a distance of 217.24 feet; forth 88'22'46" West, a distance of 210.22 fiat; ;oath 76 °06'18" West, a distance of 137.90 feet; 'RACY 8 Page 1 of 2 • South 67.39'43" West, a distance of 143.72 feet; South 74 West, a distance of 305.93 feet; South 49 West, a distance of 425.16 feet; South 39.13'21" West, a distance of 268.89 feet; South 43.33'35" Welt, a distance of 183.95 feat; North 71 West, a distance of 39.25 feet; South 75 Nast, a distance of 413.98 feet; North 75.30'55" West, a distance of 318.06 feat; North 56.19'55" West, a distance of 143.87 feet] North 49.05'38" West, a distance of 246.38 feet; North 37 West, a distance of 236.94 feat; North 27.28'12" West, a distance of 188.22 feat; North 43.56'45" Went, a distance of 95.94 feet; North 72 West, a distance of 116.30 feet; North 66'09'59" West, a distance of 197.27 feet; South 84.00'38" West, a distance of 121.65 feat; South 79 West, a distance of 175.86 feet; South 41.59'S1" West, a distance of 288.18 feet; South 38.34'02" West, a distance of 364.43 feat; South 46 West, a distance of 326.13 feet; South 57 West, a distance of 602.21 feet; South 69.00'56" West, a distance of 286.48 feat; South 84 West, a distance of 191.78 feet; North 72.36'35" West, a distance of 373.97 feet; North 63 West, a distance of 253.47 feet; North 48 West, a `distance of 227.17 feet; North 45.23'38" West, a distance of 371.40 feet; North 52.54'54" West, a distance of 83.38 feet; South 19.06'33" West, a distance of 196.66 feet; South 28•05 West, a distance of 175.59 feet; THENCE South 03.55'30" West, a distance of 5167.17 feet to a point for corner; THENCE South 86 East, a distance of 8203.37 feet to the POINT OP BEGINNING. containing 1/51.947 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 County, Texas. 2) Drawing included on separate sheet. ITEtEY 3638 ' �•.. ..41CLVk-A-rjUj. PA 4 44 suRo Mark W. Whiteley, R.P.L.S. No. 3635 f: VOWA TRACT 8 Fags 2 of 2 1/10/V4 08:02 a..s mod 4440 Y 11 Rltl traaiZi .i.. `W V%I +ERIK RQI��I S D A SOCIATXS • INCORPORATED LlP E VRS. MNOlMSSS, AND PL{NNBRS XW2 DGCSmber 14, 1994 1� 77128 TRACT 9 Chevron V.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas Being a 120.517 acre tract or parcel of land situated is► the Texas and Kew 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.F.H. McFaddin to Gulf Refining Company, dated June 11, 1924, recorded in Volume 240, Page 620, Dead Records, Jefferson County, Texas, and also the remainder of a 57.00 acre tract or parcel of land described in dead from W.P.H. McFaddin to Gulf Refining Company, dated January 30, 192 3 , recorded in Volume 223, 'Page 286, Deed Records, Jefferson County, Texas, said 120.517 acre tract being more particularly described as follows: COMMENCING at a Gulf monument found for the Southwest corner of e 0.034 acre tract as described on Volume 219 Page 76, Deed Records, Jefferson County, Texas; THENCE South 33°30'21" West, a distance of 10,372,12 feet toa point for the POINT OF BEGINNING; THENCE South 89'19'06" Eaat, a distance of 5595.74 feet to a Gulf monument found; THENCE North 01'29 East, a distance of 31.9 6 feat to a point for corner; THENCE North 01'42'37" East, a distance of 1656.50 feat to a point for corner; THENCE North 86°43'18" West, a distance of 570.31 fast to a point. for corner; THENCE South 72°57'22" West, a distance of 100.0C feet to a p }irit for corner; TRACT 9 Page 1 of 2 • 4. •w, ••••v 40*.4 v •7i lvly ..n nos .Yr+. •... THENCE South 72•57 West, a distance of 5207.42 feet to the POINT of BEGINNING and containing 120.517 Acres, more or less. Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2) Drawing included on ssperate sheet. t IP ''... Mark W. Whiteley, R.P.L.S. No. 3636 +dttfP,14 0i FAIO ADATAVIACTP.Mia TRACT 9 Page 2 of 2 MARX W. WWTELEY AND ASSOCIATES • INCORPORATED sammonAmiummimm • BE1UM0� TIXAS True 409/ 9 :44zi December 14, 1994 TRACT 10 Chevron 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. Arthur Survey, Abstract No.61 and also out of Blocks Two, .Three, and Your (2,3,&4) in Ranges P and Q of the lands of the Port Arthur Land Company, Jefferson County, Texas and being described in deed from Port Arthur Land Company to Gulf Refiring Company dated November 11, 1913 recorded in Volume 140, Page 216, bead Records, Jefferson County, Texas, said 0.761 acre tract being more particularly described as follows: COMMENCING at Gulf monument found for the southwest corner of a 0.034 acre tract as described in volume 219, Page '76, of the Deed Records, Jefferson County, Texas; THENCE North 12•59'34" West, a distance of 6659.46 feet to a point for tha POINT OF BEGINNING of the herein described tract; THENCE North 37.14'24" East, a distance of 2264.66 feat to a point for corner; THENCE South 29 Waat, a distance of 75.66 feet to a ;oirnt for corner; THENCE South 37'14'23" West, a distance of 3543.00 fast to a point; for corner; THENCE South 31 West, a distance of 201.05 feet to a poirzr. for corner; THENCE South 38'17'23" West, a distance of 1659.94 feat to the POINT OF BEGINNING and containing 0.761 Acres, moza loll TRACT 10 Page 1 of 2 L41 aor ws U8: V4 �v 8111 1310 N0 still Harms 11 Wlui Note: 1) Hearings 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 eeperate *hoot. L te/e, rop ,, a ,R 1 y, R. D.L.S. No. 263• o t...Hipt' Mark W. White .1410 ►I \UP4OWATAITIACT1O.M1 TRACT 10 Page 2 of 2 • • - • 'ti •. a MARX W. WE?TELEY AND ASSOCIATES _ INCORPORATED SCCVz oR4 °� PLANNZRs ro,BaTaM BEAUMONT, =is raze December 14, 1994 4 lees4121 TRACT 11 Chevron U.S.A., Inc. - Port Arthur Refinery Jefferson County, Texas • Being a 4.123 acre tract or parcel of land situated in the Texas and New Orleans Railroad Company Survey 121, Patent 04 33, Volumee 13, Jefferson County, Texas and described in dead from Texas and New Orleans Railroad Company to Gulf Oil Corporation, dated NoVember 19, 1940, recorded in Volume 467, Page 72, peed Records. Jefferson County, Texas, said 4.123 Acre tract being more particularly described as follows: COMENCING at Gulf monument found for the southwest corner of a 0.034 acre tract as described in Volume 219, Page76, of the Deed Records, Jefferson County, Texas; THENCE North 56.42'06" West, a distance of 1792.76 feet to a point for the POINT OF BEGINNING of the herein described tract; THENCE North 71 West, a distance of 72,59 feet to a point for corner; THENCE North 85' West, a distance of 94 . 38 feat to a point. for corner; THENCE South 11'09'03" East, a distance of 1558.20 feet to a point for Corner; THENCE North 04.23'03" East, a distance of 310,32 Net to a point for corner; THENCE North 1D'25'51" West, a distance of 204.70 feet to a point for corner; THENCE North 21 °07'49" East, 3 dist:.::G° of !.46,56' feet tc a ;±0;.r t for corner; . TRACT 11 Page 1 of 2 THENCE North 10.13.07" West, 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 au recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2) Drawing included on separate sheet. . tua 4I1 • Mark W. Whiteley, R.P.L.S. No. 3636 F* V#601DATANTAACT 11.Kai • TRACT 11 Page 2 of EXHIBIT "B" H B : 11 J r W N A W Q N A O . m w n o m m a SD W _ ° $ a > N Sr �N x 0 O CD O Q ai xi 74 9 • ` .•`ti • 6 f J� _ S F F , a•"' N F �' r'- ,/ i. , , .� ;, ��, � • s � , f�., � ; i p / 9 rf� //, � /. t en f F r S. Q i ! � f 9 , e i l n ; \ \ . \\\\ ^k \ \ . .` ' \� s l -i d. 7 i t i ! r s„, \ 1 41 j j , \ i i — . ' 1 I Y ' __ / tt T. i i tf 18 \ • ki w rn cn $ III'' l , ''• , .,t-I1.1 'I.:II' D O n 0 m co -h o o II • ' L - I I 'I I li., 3 C7 O rn C c D (::, .,._ ",....,,,.....„....,'51II11;1;11,'1.' 71:21. Cicr m 1JI w �::11:Xj...' NCn\ i , rte _` iv:: , ,p ( / ;_I Cn 4 . . , ,,,......„, ,..„ . 1 ' O+ E5 t .„6-' '' L -,.. E‘' , , 4 .....• ..._., , ....,,,.. • w 7 � f • "' • t N , S. •:,.,. s. , • G �i u t _ o G7�° \ °• `> fie.. 7 .�"°a -- ;' • N. ; i - ' -' ' — .7 - ' - ' ' III^IN I '‘-- •I , -' • V 12. _<.%, ,„,;;1,,. . —, o .. , m c� N1\ W o -0 / = O cD m m 4 fl 3 , l n � o n / O 3> 7 / cD M < O D = r / nr+ -/ ° T o y, or CO iir O 0 C *_ .. f 8 o y o 4 ! CO T � (n (D / Ille...eitel I CD O O O ,./ \ I\ --1 C .13 Oh \\.• a = CD i—i- 1 tihk‘ C \ :, Q N 1 r f IIC , • 0\11.,.. — - ., / \ �„ n �� on o . r . r« , 0 * . —.— /�� tee ``; i . vS41:1111\Adhh.... ,/ - , -.., 41 ,/ % 'V cl m � ' N , .. 4111111 \411, .., 0 • e ... * , n J m a -7 m o o CDC :2 ims 3 0 1D .--r A N EXHIBIT "C" PROPOSED SERVICE PLAN PREMCOR REFINING GROUP, INC. (HYDROTREATER EXPANSION) I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a term of one (1) year commencing on the effective date of annexation of the tract. Renewal of this plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. The present "in lieu of tax agreement" via Resolution No. 08 -494 with Premcor Refining Group, Inc. (Hydrotreater Expansion) expires December 31, 2013. III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Services under this plan shall equal or exceed the number of services or level of services in existence in the tract prior to annexation. However, it is not the intent of this plan to require that a uniform level of services be provided to all areas of the City (including the tract) where differing characteristics of topography, land utilization and population density are considered as a sufficient basis for providing different levels of service. C. Definitions. 1. As used in this plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities, other public service organizations to provide such services, in whole or in part. 2. As used in this plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at a time that a service is requested or 1 at a time that the service is made available or provided. The policies or procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid and may include eligibility requirements and similar provisions. D. Early Action Programs 1. Statutory Services. The statutory services will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Department of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of complaints and incident reports. b. Fire Protection. The Fire Department of the City will provide fire protection in the tract. c. Solid Waste Collection. No residential collection services are anticipated, inasmuch as the tract includes no residences. Non- residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capital Improvement Program, below, it is not necessary to acquire or construct any public water or wastewater facilities initially, so there are none to be maintained. Should any extensions be made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (including lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvements Program, it is not necessary to acquire or construct such facilities in this tract, so there are none to be maintained. Should any such facilities be constructed by the City within the tract, the Parks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly Owned Facility, Building or Service. As indicated by the Capital Improvement Program it is not necessary to acquire or construct any such buildings or facilities within the tract, 2 so there are none to be maintained, and there are no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located by the City within the tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addition to statutory services, will be provided within the tract to the same extent they are provided to similar territories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standard policies and procedures. b. Health services in accordance with standard policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall begin within two (2) years and be substantially complete within four and one -half (4 1/2 ) years of the effective date of this plan, except as otherwise indicated. 1. Police Protection. Police protection for the tract can be provided by using existing capital improvements. 2. Fire Protection. Fire protection for the tract can be provided by using existing capital improvements. The closest existing fire station is located at 1201 Grannis Avenue (Station No. 2). Additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded fire - fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no public water or wastewater facilities are necessary at this time. Future extensions of public water or 3 wastewater facilities will be covered by standard policies and procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control and jurisdiction in, over and under public streets and roads within the tract subject to the jurisdiction of other government entities. Additional streets and roads or related facilities are not necessary to serve the tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standard policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Texaco Park, Carver Terrace Park and Lincoln Park. Additional capital improvements are not necessary at this time to provide such services to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements are not necessary to provide them. However, the tract will be included with other territory in connection with planning for new, revised or expanded facilities. IV. AMENDMENT: GOVERNING LAW This plan may not be amended or repealed except as provided by the act or other controlling law. Neither changes in the methods or means of implementing any part of the service program nor changes in the responsibilities of the various departments of the City shall constitute amendments to this plan and the City reserves the right to make such changes. This plan is subject to, and shall be interpreted in accordance with, the act, the Constitution and laws of the Federal Government of the United States of America and the State of Texas, and the orders, rules and regulations of Governmental bodies and officers having jurisdiction. 4 PROPOSED SERVICE PLAN PREMCOR REFINING GROUP, INC. (TIER II DIESEL PROJECT) I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. 11. TERM This plan shall be in effect for a term of one (1) year commencing on the effective date of annexation of the tract. Renewal of this plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. The present "in lieu of tax agreement" via Resolution No. 08 -494 with Premcor Refining Group, Inc. (Tier II Diesel Project) expires December 31, 2013. III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Services under this plan shall equal or exceed the number of services or level of services in existence in the tract prior to annexation. However, it is not the intent of this plan to require that a uniform level of services be provided to all areas of the City (including the tract) where differing characteristics of topography, land utilization and population density are considered as a sufficient basis for providing different levels of service. C. Definitions. 1. As used in this plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities, other public service organizations to provide such services, in whole or in part. 2. As used in this plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at a time that a service is requested or 1 at a time that the service is made available or provided. The policies or procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid and may include eligibility requirements and similar provisions. D. Early Action Programs 1. Statutory Services. The statutory services will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Department of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of complaints and incident reports. b. Fire Protection. The Fire Department of the City will provide fire protection in the tract. c. Solid Waste Collection. No residential collection services are anticipated, inasmuch as the tract includes no residences. Non- residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capital Improvement Program, below, it is not necessary to acquire or construct any public water or wastewater facilities initially, so there are none to be maintained. Should any extensions be made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (including lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvements Program, it is not necessary to acquire or construct such facilities in this tract, so there are none to be maintained. Should any such facilities be constructed by the City within the tract, the Parks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly Owned Facility, Building or Service. As indicated by the Capital Improvement Program it is not necessary to acquire or construct any such buildings or facilities within the tract, 2 so there are none to be maintained, and there are no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located by the City within the tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addition to statutory services, will be provided within the tract to the same extent they are provided to similar territories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standard policies and procedures. b. Health services in accordance with standard policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall begin within two (2) years and be substantially complete within four and one -half (4 % ) years of the effective date of this plan, except as otherwise indicated. 1. Police Protection. Police protection for the tract can be provided by using existing capital improvements. 2. Fire Protection. Fire protection for the tract can be provided by using existing capital improvements. The closest existing fire station is located at 1201 Grannis Avenue (Station No. 2). Additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded fire - fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no public water or wastewater facilities are necessary at this time. Future extensions of public water or 3 wastewater facilities will be covered by standard policies and procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control and jurisdiction in, over and under public streets and roads within the tract subject to the jurisdiction of other government entities. Additional streets and roads or related facilities are not necessary to serve the tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standard policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Texaco Park, Carver Terrace Park and Lincoln Park. Additional capital improvements are not necessary at this time to provide such services to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements are not necessary to provide them. However, the tract will be included with other territory in connection with planning for new, revised or expanded facilities. IV. AMENDMENT: GOVERNING LAW This plan may not be amended or repealed except as provided by the act or other controlling law. Neither changes in the methods or means of implementing any part of the service program nor changes in the responsibilities of the various departments of the City shall constitute amendments to this plan and the City reserves the right to make such changes. This plan is subject to, and shall be interpreted in accordance with, the act, the Constitution and laws of the Federal Government of the United States of America and the State of Texas, and the orders, rules and regulations of Governmental bodies and officers having jurisdiction. 4 PROPOSED SERVICE PLAN PREMCOR REFINING GROUP, INC. (REFINERY AND HOUP) I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a term of one (1) year commencing on the effective date of annexation of the tract. Renewal of this plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. The present "in lieu of tax agreement" via Resolution No. 08 -494 with Premcor Refining Group, Inc. (Refinery and HOUP) expires December 31, 2013. III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Services under this plan shall equal or exceed the number of services or level of services in existence in the tract prior to annexation. However, it is not the intent of this plan to require that a uniform level of services be provided to all areas of the City (including the tract) where differing characteristics of topography, land utilization and population density are considered as a sufficient basis for providing different levels of service. C. Definitions. 1. As used in this plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities, other public service organizations to provide such services, in whole or in part. 2. As used in this plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular 1 service which are in effect either at a time that a service is requested or at a time that the service is made available or provided. The policies or procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid and may include eligibility requirements and similar provisions. D. Early Action Programs 1. Statutory Services. The statutory services will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Department of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of complaints and incident reports. b. Fire Protection. The Fire Department of the City will provide fire protection in the tract. c. Solid Waste Collection. No residential collection services are anticipated, inasmuch as the tract includes no residences. Non- residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capital Improvement Program, below, it is not necessary to acquire or construct any public water or wastewater facilities initially, so there are none to be maintained. Should any extensions be made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (including lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvements Program, it is not necessary to acquire or construct such facilities in this tract, so there are none to be maintained. Should any such facilities be constructed by the City within the tract, the Parks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly Owned Facility, Building or Service. As indicated by the Capital Improvement Program it is not necessary 2 to acquire or construct any such buildings or facilities within the tract, so there are none to be maintained, and there are no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located by the City within the tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addition to statutory services, will be provided within the tract to the same extent they are provided to similar territories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standard policies and procedures. b. Health services in accordance with standard policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall begin within two (2) years and be substantially complete within four and one -half (4 % ) years of the effective date of this plan, except as otherwise indicated. 1. Police Protection. Police protection for the tract can be provided by using existing capital improvements. 2. Fire Protection. Fire protection for the tract can be provided by using existing capital improvements. The closest existing fire station is located at 1201 Grannis Avenue (Station No. 2). Additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded fire - fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no public water or wastewater 3 facilities are necessary at this time. Future extensions of public water or wastewater facilities will be covered by standard policies and procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control and jurisdiction in, over and under public streets and roads within the tract subject to the jurisdiction of other government entities. Additional streets and roads or related facilities are not necessary to serve the tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standard policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Texaco Park, Carver Terrace Park and Lincoln Park. Additional capital improvements are not necessary at this time to provide such services to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements are not necessary to provide them. However, the tract will be included with other territory in connection with planning for new, revised or expanded facilities. IV. AMENDMENT: GOVERNING LAW This plan may not be amended or repealed except as provided by the act or other controlling law. Neither changes in the methods or means of implementing any part of the service program nor changes in the responsibilities of the various departments of the City shall constitute amendments to this plan and the City reserves the right to make such changes. This plan is subject to, and shall be interpreted in accordance with, the act, the Constitution and laws of the Federal Government of the United States of America and the State of Texas, and the orders, rules and regulations of Governmental bodies and officers having jurisdiction. 4 PROPOSED SERVICE PLAN AIR PRODUCTS I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. 11. TERM This plan shall be in effect for a term of one (1) year commencing on the effective date of annexation of the tract. Renewal of this plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. The present "in lieu of tax agreement" via Resolution No. 08 -494 with Air Products (Governed by Premcor's Agreement) expires December 31, 2013. III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Services under this plan shall equal or exceed the number of services or level of services in existence in the tract prior to annexation. However, it is not the intent of this plan to require that a uniform level of services be provided to all areas of the City (including the tract) where differing characteristics of topography, land utilization and population density are considered as a sufficient basis for providing different levels of service. C. Definitions. 1. As used in this plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities, other public service organizations to provide such services, in whole or in part. 2. As used in this plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at a time that a service is requested or 1 at a time that the service is made available or provided. The policies or procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid and may include eligibility requirements and similar provisions. D. Early Action Programs 1. Statutory Services. The statutory services will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Department of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of complaints and incident reports. b. Fire Protection. The Fire Department of the City will provide fire protection in the tract. c. Solid Waste Collection. No residential collection services are anticipated, inasmuch as the tract includes no residences. Non- residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capital Improvement Program, below, it is not necessary to acquire or construct any public water or wastewater facilities initially, so there are none to be maintained. Should any extensions be made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (including lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvements Program, it is not necessary to acquire or construct such facilities in this tract, so there are none to be maintained. Should any such facilities be constructed by the City within the tract, the Parks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly Owned Facility, Building or Service. As indicated by the Capital Improvement Program it is not necessary to acquire or construct any such buildings or facilities within the tract, 2 so there are none to be maintained, and there are no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located by the City within the tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addition to statutory services, will be provided within the tract to the same extent they are provided to similar territories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standard policies and procedures. b. Health services in accordance with standard policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall begin within two (2) years and be substantially complete within four and one -half (4 % ) years of the effective date of this plan, except as otherwise indicated. 1. Police Protection. Police protection for the tract can be provided by using existing capital improvements. 2. Fire Protection. Fire protection for the tract can be provided by using existing capital improvements. The closest existing fire station is located at 1215 Woodworth Boulevard (Station No. 1). Additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded fire - fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no public water or wastewater 3 facilities are necessary at this time. Future extensions of public water or wastewater facilities will be covered by standard policies and procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control and jurisdiction in, over and under public streets and roads within the tract subject to the jurisdiction of other government entities. Additional streets and roads or related facilities are not necessary to serve the tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standard policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Roosevelt Park, Barbara Jacket Park and Bryan Park. Additional capital improvements are not necessary at this time to provide such services to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements are not necessary to provide them. However, the tract will be included with other territory in connection with planning for new, revised or expanded facilities. IV. AMENDMENT: GOVERNING LAW This plan may not be amended or repealed except as provided by the act or other controlling law. Neither changes in the methods or means of implementing any part of the service program nor changes in the responsibilities of the various departments of the City shall constitute amendments to this plan and the City reserves the right to make such changes. This plan is subject to, and shall be interpreted in accordance with, the act, the Constitution and laws of the Federal Government of the United States of America and the State of Texas, and the orders, rules and regulations of Governmental bodies and officers having jurisdiction. 4