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HomeMy WebLinkAboutPR 11592: MOTIVAinteroffice MEMORANDUM To: From: Subject: Date: Mayor, City Council, City Manager Mark T. Sokolow, City Attorney /'%~L, ~ P. R. No. 11592; February 5, 2002 Council Meeting January 28, 2002 Attached is P.R. No. 11592 authorizing the City Manager to execute a new Industrial District Agreement with Motiva Enterprises, LLC. The existing 1998 agreement expires on December 31, 2003. A comparison oftbe Kin lieu of tax" payments between thc 1998 agreement and thc proposed agreement is as follows: 1998 AGREEMENT 1998 $3,339,783 1999 $3,450,000 2000 $3,450,000 2001 $3,450,000 2002 $3,450,000 2003 $3,450,000 PROPOSED AGREEMENT N/A N/A N/A N/A 2002 $3,450,000 2003 $3,450,000 2004 $3,700,000 2005 $3~700,000 2006 $3,700,000 2007 $3,700,000 2008 $3,700,000 Attachment cc: Rebecca Underhill, Director of Finance MTS/ts z.prl1592.memo 1 P. R. No. 11592 01/25/02 - ts RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF PORT ARTHUR TO EXECUTE A AGREEMENT LLC NEW INDUSTRIAL DISTRICT WITH MOTIVA ENTERPRISES, WHEREAS, the City of Port Arthur and Motiva Enterprises, LLC, entered into an Industrial District Agreement in 1998 that was approved by Resolution No. 98- 228; and WHEREAS, this Industrial District Agrccmcnt will expire on Dcccmber 31, 2003; and WHEREAS, thc City Council of thc City of Port Arthur &cms it in thc best interests of the citizens of Port Arthur to enter into a new Industrial District Agreement with Motiva Enterprises, LLC. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble arc true and correct. Section 2. That the City of Port Arthur hereby authorizes the City Manager to execute on behalf of the City of Port Arthur a new Industrial District Agrccmcnt with Motiva Enterprises, LLC, in substantially the same form as attached hereto as Exhibit z.prl1592 Section 3. Minutes of the City Council. READ, ADOPTED AND APPROVED on this That a copy of the caption of this Resolution be spread upon the day of , A.D., 2002, at a Regular Meeting of thc City Council of the City of Port Arthur, Texas, by the following vote: AYES: NOES: ATTEST: OSCAR ORTIZ, MAYOR CAROLYN DIXON, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.prl1592 STATE OF TEXAS COUNTY OF JEFFERSON INDUSTRIAL DISTRICT AGREEMENT WITH MOTIVA ENTEll~PRISES, LLC WHEREAS, thc City of Port Arthur and Motiva Enterprises, LLC, entered into an Industrial District Agreement in 1998 that was approved by Resolution No. 98-228; and WHEREAS, this Industrial District Agreement will expire on Dcccmber 31, 2003; and WHEREAS, Motiva Enterprises, LLC, hereinafter denoted as the "Company" is thc successor in interest to Star Enterprises as it relates to the property described in Exhibits "A" and "B"; and WHEREAS, the Company is a business that presently produces the products described in Exhibit "C" at its Port Arthur facility; and WHEREAS, the Company presently has thc equipment and units described in Exhibit "D" with thc values described in Exhibit "E"; and WHEREAS, the Company plans to make a capital expansion in the z.motiva agreement 1 timetables and values as described in Exhibit "F"; and WHEREAS, thc City of Port Arthur and the Company wish to address thc following: (1) health and safety issues on the land described in Exhibits "A" and "B" and at any existing plant or at any plant that may be built thereon and procedures for the City's review thereof, (2) needs of the City to have a stable revenue source that is not materially affected by appraisal litigation, (3) the need to define backup services provided by the City, (4) employment opportunities for Port Arthur residents, minorities, and companies; and (5) the terms of a new Agreement; and WHEREAS, the City of Port Arthur ("City") and thc Company desire to enter a new Industrial District agreement with respect to property described on Exhibits "A" and "B" that is within the extraterritorial jurisdiction of the City; and WHEREAS, the City of Port Arthur and the Company agree that there has been full and adequate consideration for the new Industrial District Agreement with the Company; and WHEREAS, this new Agreement is authorized under Section 42.044 z.motiva agreement 2 Local Government Code, Vernon's Texas Code Annotated, and that the parties agree that thc following terms are reasonable, appropriate, and not unduly restrictive of business activities; and WHEREAS, all parties find that this new Agreement as delineated herein is beneficial to each party; and WHEREAS, this Agreement supersedes the original agreement approved by Resolution No. 98-228 and amendments, if any, thereof. NOW, THEREFORE, in consideration of thc promises and the mutual agreements of the parties contained herein, thc City of Port Arthur and the Company agree with each other as follows: Section 1. Payments by the Company (a) For the years 2002, 2003, 2004, 2005, 2006, 2007 and 2008, the Company shall pay to thc City of Port Arthur the amounts delineated in this Section so long as this Industrial District Agreement is in full force and effect and all of the property described in Exhibits "A" and "B" is not annexed by the City of Port Arthur. (b) The "in lieu of tax" payments shall be made as follows: z.motiva agreement 3 YEARS: AMOUNT OWED: DUE DATE: 2002 $3,450,000 2003 $3,450,000 2004 $3,700,000 2005 $3,700,000 2006 $3,700,000 2007 $3,700,000 2008 $3,700,000 October 15, 2002 October 15, 2003 October 15, 2004 October 15, 2005 October 15, 2006 October 15, 2007 October 15, 2008 (c) The City shall not refund any monies previously paid by the Company, either directly or indirectly to thc City of Port Arthur. Section 2. If requested by the Company, the City of Port Arthur's Fire Department shall provide backup fire suppression support and the City of Port Arthur's Police Department shall assist in providing an evacuation route in thc case of a fire or a chemical release at the Company plant located in the City's extraterritorial jurisdiction. Nevertheless, the Company shall be primarily liable for taking such precautions as is expected in the indusuy and as is required by federal, state and local law including the standard codes as delineated and referenced in thc Standard Fire Prevention Code as published each year by the Southern Building Code Congress International, Inc. to prevent fires, explosions and chemical releases and to provide an evacuation. The Company z.motiva agreement 4 shall employ or provide sufficient fire suppression personnel and equipment to provide an initial and primary fire suppression response as well as to control and abate chemical releases. The Company shall provide the City's Fire Chief and Police Chief with Emergency Response Plans for any plants, refineries, chemical operations or other hazardous operations that take place on the land described in Exhibits "A" and "B". If there is a fire and the City is requested to provide initial and primary fire suppression services or ifa clean-up is required under Section 2201.3.2.1 of the Standard Fire Prevention Code, the company will pay to the City the costs and expenses incurred by the City and any of its departments. Section 3. The Company shall promptly notify the central dispatch office which serves the City of Port Arthur's Fire Chief, Police Chief and the City of Port Arthur's Emergency Management Coordinator of all incidents involving fires, serious injuries, deaths, and chemical releases that create a health and safety hazard to thc community. Section 4. It is specifically stipulated that nothing in this Agreement will in any manner limit or restrict the authority of the City to annex all or part z.motiva agreement $ of said lands and facilities during the period of the Agreement if the City should determine that such annexation is reasonably necessary to promote and protect the general health, safety and welfare of the persons residing within or adjacent to the City; provided, however, that the City agrees that such annexation prior to October 1, 2008 will not be made for revenue purposes only. Notwithstanding, thc parties agree and consent that the City can annex if a bill is adopted by the State legislature which limits or restricts the authority of the City to annex all or part of said land and facilities. In the event of such annexation, the company will not be required to make further payments under this Agreement for any calendar year commencing after such annexation with respect to property so annexed, but shall nevertheless be obligated to make full payments for the year during which such annexation becomes effective if the annexation becomes effective after January 1't of said year. The Company shall not be required to pay ad valorem taxes to the City of Port Arthur for the same period of time that they have already paid an "in lieu of tax" payment, with respect to the property described in Exhibits "A" and "B"to this agreement. In case the property described in Exhibits "A" and "B" is annexed prior to z.motiva.agreement 6 December 31, 2008, the City will remit to the Company any taxes paid to the City in excess of the "in lieu of tax" payments as described in Section 1 as an economic incentive program as allowed under Chapter 380 Local Government Code. This partial remission of taxes (Economic Incentive Program) will only be applicable until December 31, 2008. If the annexation laws are changed so that the City can no longer annex the property of the Company, the Company agrees that it will continue to annually pay to the City of Port Arthur the "in lieu of tax" payments delineated in Section 1 until December 31, 2008 and it will thereafter continue to pay the City an "in lieu of tax" payment of 75% of its appraised value times the City's tax rate for so long as it or its assignees and successors owns the property as described in the attached Exhibits "A" and "B". Payments will be due on October 15~ of each year. Pursuant to Section 42.044 Local Government Code, the company agrees and consents that the City has the option in the City's sole discretion to extend this contract and that the Company will continue to be obligated to pay the City "in lieu of tax" payments for successive periods not to exceed 15 years each. The appraised value of the Company is the value as denoted by the Jefferson County z.motiva.agreement 7 Appraisal District and includes all of the land, buildings, goods, equipment, inventory and other property that is or will be located in or on the property described in the attached Exhibits "A" and "B". This also includes the appraised value of any property that is located in a free trade zone or in any other type of federal, state or local zone. Section 5. The parties agree that the City has the sole discretion after October 1, 2008 to annex the property in Exhibits "A" and "B" or to enter into negotiations on the payment by the company of additional "in lieu of tax" payments. .Section 6. The present owners of the tract are described in Exhibit "G". If the Company only owns a partial interest in any of the parcels or tracts described in Exhibits "A" and "B" to this Agreement, the City of Port Arthur reserves the right to annex that tract or parcel if the other owners do not pay an "in lieu of tax" payment for their interest in the property. If the City annexes a tract or tracts, the total "in lieu of tax" payment will be reduced by the same percentage as the appraised value of the tracts under the contract are reduced. z.motiva.agreement 8 Section 7. The City will not commence annexation proceedings prior to October 1, 2008 for the Company's property as delineated in Exhibits "A" and "B" to this Agreement under Chapter 43 of the Local Government Code or file litigation in District Court to abate or prevent a nuisance or seek a civil penalty under Sections 54.016, 54.017, and 217.042 Local Government Code for "health, safety and welfare concerns" until written notice of the concerns have been delivered to the Company, and they have had an opportunity to respond and to address the City Council in open session. Section 8. If there is a dispute as to whether there is a health, safety and welfare concern for an event that occurred prior to October 1, 2008, the matter can, at the request of either party, be submitted to arbitration before an arbitrator selected from a panel supplied by the American Arbitration Association. The arbitration shall take place in Jefferson County or at such other locations as the parties agree to. The request for arbitration must be demanded in writing within ninety (90) days of the initial written complaint from either party to this agreement or rights to the arbitration shall be waived. The costs of the arbitration shall be shared equally between the two parties. z.motiva.agreement 9 The arbitration process shall be completed within ninety days from the date the arbitrator is selected, and if it is not so completed, either party may proceed with annexation or litigation as they so desire. Section 9. When hiring, the Company shall continue to seek qualified applicants by advertising in thc Port Arthur News as to give Port Arthur residcnts a fair opportunity to apply for employment with the Company for work on the plants that are located or to be located on the land described in Exhibits "A" and "B". The Company shall also continue to give Port Arthur companies a fair opportunity to sell goods and services to the Company. For major new capital expansions, the Company shall also include advertising for construction and permanent jobs in the local market including KALO radio stations in Port Arthur and shall also include recruitment through the Texas Work Force Commission in Port Arthur, Lamar State College in Port Arthur, PAISD, the Black Pastor's Association and the Ministerial Alliance, the Port Arthur NAACP and local labor unions. For major new capital expansions, the Company shall also meet every other month or at other intervals mutually agreed on with City officials to monitor progress on hiring and hiring efforts z.motiva.agreement 10 and to try to make adiustments in the recruitment process if needed. The Company will also have a local hiring facility in Port Arthur or in Port Arthur's Extraterritorial lurisdiction for both the retention/selection of new employees and contractors. Section 10. This agreement or the rights and obligations thereunder can be assigned in whole or part with thc written consent of the City Council, by a duly adopted Resolution, which will not be unreasonably withheld. If the Company desires to make such an assignment, it shall make a written request to the City Council attaching (1) a description of the new Company (2) financial statement of the new Company (3) proposed contract between thc companies and (4) the portion or portions of the plant or plants to be assigned. Section 11. The City encourages capital expansion on the land described in Exhibits "A" and "B" and the City agrees to act in good faith to negotiate reasonable incentive programs with the Company as such new projects arc contemplated. This includes major new capital expansions that are not delineated in Exhibit "F" since all parties agree that reasonablc incentive z.motiva.agreement 11 programs should be offered and that the Company expects to pay and should pay reasonable "in lieu of tax" payments on new capital projects. Section 12. It is agreed by the parties to this agreement that the company and the City have the right to seek equitable relief, including specific performance of this agreement. Section 13. The Company shall allow authorized employees and/or representatives of the City who have been designated and approved by the City Council, Mayor or the City Manager to have access to the Company's land and/or plants during the term of this AGREEMENT to inspect the plants and any improvements thereto to determine compliance with the terms and conditions of the AGREEMENT. All inspections will be made at mutually agreeable times and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Company. All inspections will be made with one or more representatives of the Company and in accordance with the company safety standards. Section 14. The Company shall certify the commencement and completion date of the contemplated improvements described in Exhibit "F" z.motiva.agreement 12 herein. Additionally, the Company shall furnish or make available for inspection the following information or written statements to the City at least every six months during the construction period of capital improvements: (1) Statement by Company describing the status of construction of the contemplated improvements, percentage of construction completed, construction schedule and Company's estimate of taxable value of constructed improvements on the date of the statement; and (2) Statement by Company of numbers of Port Arthur residents, minorities, and companies hired and amount of Port Arthur goods and services purchased; and (3) Any information, documents or records of any kind reasonably necessary for the city's evaluation of Company's compliance with the terms and conditions of this agreement and the City's guidelines, provided that Company shall not be required to furnish any information, documents, or records which a reasonable prudent company under the same or similar circumstances would z.motiva.agreement 13 consider to be harmful to its business operations. Company's statement described above shall be verified by company's project manager or other appropriate representative. Section 15. Company agrees to annually furnish information necessary for the City to evaluate Company's compliance with the terms and conditions of this AGREEMENT. Company further agrees that on or before March Ist of each ycar of this AGREEMENT, Company shall provide the City an annual report/statement of compliance with this AGREEMENT. Section 16. By acceptance of this AGREEMENT and/or benefits conferred hereunder, Company represents and warrants that ~ts undersigned agent has complete and unrestricted authority to enter into this AGREEMENT and to obligate and bind Company to all of the terms, covenants and conditions contained herein. Section 17. Any notice provided for in this contract shall be given in writing to thc parties hereto by certified mail, return receipt requested, addressed as follows: z.motiva.agreement 14 TO CITY: TO THE COMPANY: City Manager CITY OF PORT ARTHUR ]~] 4th Street Port Arthur, TX 77640 MOTIVA ENTERPRISES, LLC c/o Danny Harris Senior Property Tax Representative P. O. Box 4369 Houston, TX 77210 .Section 18. This agreement is effective the 1st day of March, 2002 and shall expire on the 31st day of December 2008 unless extended by thc City of Port Arthur. SIGNED on the __ day of ,2002. MOTIVA ENTERPRISES, LLC WITNESSED BY: BY: SIGNED on the __ day of ,2002. CITY OF PORT ARTHUR, TEXAS WITNESSED BY: BY: CITY SECRETARY z.motiva.agreement 15 Tract I Tract II Tract III Tract VI, Parcel A Tract VI, Parcel B Tract VI, Parcel C Tract VI, Parcel D Tract VI, Parcel E Tract VII, Parcel A Tract VII, Parcel B Tract VII, Parcel C Tract VII, Parcel D Tract VII, Parcel E Tract VII, Parcel F EXI411:IIT "A' Attached herein are the legal descriptions of the tracts owned by Motiva Enterprises LLC which are the subject of this agreement. - 113.822 acres - 53.5510 acres - 44.2161 acres - 14.386 acres 7.256 acres 10.946 acres 1.067 acres 8.489 acres 18.233 acres 966.164 acres 67.660 acres 129.341 acres 4.459 acres Only 2.72 acres of the described 9.669 acres is a part of this agreement. The 2.72 acres is located in Blocks 26 and 27 of the Port Arthur Heights Subdivision. The remainder of the tract is in the incorporated area of the City. Tract VIII - 62.764 acres Tract XII - 40.1276 acres Tract XIV, Parcel A - 1785.569 Tract XIV, Parcel B 9.373 acres Huntsman Corporation and Ethyl Additives Corporation jointly owns a twenty-five percent (25%) interest in the following tracts: Tract I out of Tract XIV, Parcel C (28.850 acres) Tract II out of Tract XIV, Parcel D (66.004 acres) Tract III out of Tract XIV, Parcel E (30.848 acres) Tract IV out of Tract XIV, Parcel F (30.677 acres) Tract V out of Tract XIV, Parcel G (14.811 acres) Motiva Enterprises LLC owns the remaining interests in these tracts. 3 IMOTIVA.AGRE :' Legal Description:' Tract I Port Arthur Terminal Film Code No. 102-84-1325 Page iN'o. 6 ~,,~'qG a 113.822 acre tract ofl~d out of thc Yohn ~ennett~ ~s~ 70, ~. ~. ~oo;c, S47, ~d ~o~ ~c~ctt, A-71, Jc~c~on Cou~, Texas. S~d 113.~22 ac~e tract is bc~g composed o~thc trac~s dcscdbcd ~ ~c fo~ow~g ~s~ed dc~s: Volume 5SI, Pag~ 350, Volume 452. Page ~44~ Volume llS, Page 457, Volume 1~6, Page ~I, Volume 13~ Pa~e 30~, Volu~c ~00, Page bcln~ mo~c p~icu~ly dcsc~bed below with ~ b~gs, dls~ce% and ~ooMin~tcs to the Tex~ Pl~e CooM~ate Sys~e~ South Cent~ Zone, ~mbc~ Pmjccfio~ ~ he,cinder rc~cd to as T.S.C. ~ ac;~ges sho~ ~e ~d. Th~ ~em co;rec~ion ~ the O~ B~G~G o~id tract is 2~ 28' 23" ~d thc s~e ~cto~ is BEGINNING- at a concrete monument found in the Easterly line 0fthe Kansas City Southern 150 foot right-of-way and the Southwesterly corporate line of the City of Port Arthur. Said r~bar also being the most Northerly comer of the tract herein described with T.S.C. coordinates ofy = 13891064.041 feet and x = 3565245.578 feet. T~,NCE S 53° 15'50" E along and with said City of Port Arthur corporate line a distance of 419.92 feet to a concrete monument found. TItENCE along and with the Easterly line of the tract here'm described as follows: S 22° 32' 56" W a distance of 999.37 feet to a 5/8" kon rod set at the P.C. cfa curve to the left with a long chord that bears S 170 30' ST' W a distance of 339.55 feet, a radius of 1935.18 feet and a central angle of 10° 03' Southwesterly along and with said curve to thc left an arc distance of 339.98 feet to a 5/8" rebar found at the P.T. of said curve; S 12° 28' 58" W a distance of 1450.91 feet to a 5/8" rebar found at the P.C. cfa curve to the fight with a long chord that bears S 16° 0i' 43" W a distance of 71.45 feet, a radius of 577.65 feet and a central angle of 7° 05' 30";~ Southwesterly along and with said curve to the left an arc distance of 71.50 feet to a 5/8" rebar found (bent) at the P.T. of said curve, S 19° 34' 28" W a distance of 291.77 feet to a concrete monument found (broken) at the P.C. of a curve to the left with a long chord that bears S 12° 18' 04" W a distance of 159.29 feet, a radius of 627.62 feet and a central angle of 14° 34' 50"; Southwesterly along and with said curve to the left an arc distance of 159.72 feet to a concrete monument found (broken) at the P.T. of said curve; S 05° 01' 55" W a distance of 1392,23 feet to a $/8" rebar found; S 02° 04' 05" E a distance of 157.00 feet to a 5/8" re. bar found; S 05° 01' 55" W a distance of 3~6.43 feet to a 5/8" rebar found; S 87° 35' 05" E a distance of 85.62 feet to a point ofinterseetion with the line of mean high fide along the West side of Sabine Neches Canal, JA4RK W. WHIT~.r.t~t'AND ASSOCIATE,q, PAGE 2 "Legal Description: Tract I " · - - Por~ ~u~hu~ Terminal ~ 'Film Code~o, ~02-84-1~25 Pag~ ~o. 6 'rii~NCE S 03° 43' 14" Iff along and with said line a distance of 356.59 feet to its , intersection with the bulkhead along the Southeasterly side of said tract herein described. TI:I'ENCE along and with said bulkhead as follows: S 05° 30' 48" W a distance of 630.0g feet; S 17° 28' 34" W a distance of 364.49 feet; S 22° 45' 05" W a distance of 500.58 feet; S 31° 54' 03" W a distance of 509.54 feet; S 40° 40' 03" W a distance of 1098.74 feet; S 52° 41' 17" W a distance of 198.52 feet; S 75° 30' 11" W a distance of 52.90 feet; lq' 78° 50' 45" W a distance of 70.29 fe,~ along and with said bulkhead to its intersection with said line of mean high tide along the East side of the Port Arthur Ship Canal. Tr~,NCE along and with the East side of said Port Arthur Ship Canal and said line of mean high tide as follows: N 070 16' 15" E a distance of 1326.26 feet; N 10° 51' 45' E a distance of 127.78 feet; N 140 36' 14" E a distance of 228.17 feet to art intersection with the Southe~t line of the Turning Basin. ToF, NCE along and with said line of mean high tide and said Turning Basin a,s follows: N 43° 29' 38" E a distance of 468.78 feet to a point; lq' 35° 58' 24" W a distance of 137.07 feet to the lxlorthwest comer ofa conorete dock; lq 50° 40' 38" E a distance of 547.45. fcct to the l',Iortheast comer of said concrete dock; S 89° 27' 37" E a distance of 24~06 feet to a l~oint on the West edge ora bulkhead; N 50° 32' 27" E a distance of 468.28 feet to a point on said bulkhead; N 32° 26' 45" E a distance of 235.26 feet to a point for comer; N 29* 07' 37" W a distance of 51.92 feet to a point for corner; N 46° 07' 38" W a distance of 262.77 feet to a point on a bulkhead; N 790 31' 36" W a distance of 3g.47 feet to the intersection of the Northerly line of said Turning Basin and the Easterly wharf line of Slip No. 3. TVrENCE N 020 24' 55" E along and with said line of mean high tide and said Easterly wharf line of said Slip No. 3 a distance 23 I9.87 feet to a 5/8" rebar found on the North end of said Slip No. 3. TrtENCE N 02° 24' 55" E a distance of 105B.$6 feet to a concrete monument found (broken). · ldARK W. WHrrELEYAND AS$OCLtTE~ [NC. PAGE ~ : Legal Description: Tract I " · ' - Port Arthur Tenulnal ' '~ Film Codei'q'o; 102-84-1325 Page No. 6 Tlq~. ~N'CE lq 36° 42' 55" E a distance of 103.15 f~t to a conorct¢ monument found at the P. C. ora curve to the left with a long chord that bears lq 22° 46' 54" E a distance 0£372.29 f~et, a radius of 773.97 feet and a central angle 0£2?° 50' 00". T/z(ENCE Northeasterly along and with said curve to the leto an arc distance 375.98 feet to a 5/8" iron rod set. TI:W, NCE S 87° 36' 06" E a distance of I8.21 feet to a concrete monument found. TI:rE. NCE lq 02° 20' 19".E a distance of 305.05 feet to a concrete monument found (broken) at the ?.C. of a curve to the fight with a long ckord that bears lq' 19° 31' 43" E a distance of 436.09 feet, a radius of 737.79 feet and a central angle of34a 22' 48". TI~ENCE Northeasterly along and with said curve to the right an arc distance of 442.71 feet 'to a concrete monument. Tm~.NCE lq' 36° 43' 07" ~E a distance of 959.69 feet to the PLACE OF BEGINNING, containing 113.~22 acres of land. Said I13.g22 acres being exclusive of 7.644 acres of land covered by tidal waters and subject to the laws of the State of Texas concerning the use of Public Waterways and described as follows: BEGINNING at a 5/8" rebar found at the intersection of the West edge of the East wharf line of Slip No. 3 at the North end of said Sllp No. 3. Said rebar having T.S.C. coordinates ofy 13888087.813 feet and x= 33567241.944 feet. TB3g. NCE S 020 24' 55" W along and with die line of mean high fide and said wharf'line a distance of 2319.87 feet to a point for comer. : .'I'E~..NCE along ~nd with the East end of the Turning Basin and said line of mean high tide as 'follows: S 79o 3 I' 36" E a distance of 38.47 feet to a point; S 460 07' 38" E a distance of 262.77 feet to a point; S 29° 07' 37" E a distance of 51.92 feet to a point; S 32° 26' 45" W a distance of 235.26 feet to'a point; S 50o 32' 27" W a distance of 196.69 feet to a point onthe Southwest side of said Turning Basin. Tlt-ENCE N 02° 24' 55" E a distance of 558.58 feet to a. point for comer on the South end of said Slip No. 3. ....... M,~RK W. WHIT~.~IVD ASSOCIA.T~S~ ~NO. -- PAGt~ 4 Legal Pe~rription: Tract I ' "- .'. Port .zathur Terminal ~m Code]N'o. 102-84-1325 Page NO. 6 T~I~,NCE along and with said South side and the West side of said Slip No. 3 as follows: S ~2° 24' 55" W a distance of 144.35 feet to a point; ~ lq 02° 24' 55" E a 6fistance of 980.18 feet to a point; S 87° 35' 05" E a distance of 37.50 feet to a poim; N 020 24' 55" E a distance of 1411.87 fe~t to a point; S 87* 35' 05" E a distance of 89.51 f~t to the PLACE OF BEGINNING, containing 7.644 acres of ladd. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset based on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and comers are truly shown just as I found them at the time of survey. Surveyed February thru June, 1998. This field note description is being submitted along with a plat (Exhibit "]8") based on this survey. Mark W. Whiteley, RPLS ]No. 3636 ~L4RK W. ~'It~r.r:T AND ASSOOIATF.$, ~N¢. . , ~un¢ 5, 199~" ' I.~al Description: Tract H 53.5510 Acres (called 53.5583 A~re~) N~ior~l Statioa Property, B.C. Artlmr Surveys Abstract lqo. 61 Isaiah Bray Survey, Abstract No. 401 Jefferson County, Teoca~ BEING a 53.5510 acre tra~t or parcel of land out of and a part of that certain 53.5583 acre tract out of the, B.B.B.&C.P,.k, Abstract No. 92, and the Isaiah Bray Survey, Abstract No. 401, lefferson County, Texas, which said 53.5583 acre tract of land was conveyed b~ Texaco Refining and Marke~:ing Inc. unto Star Enterprise by deed dateA August 16,1989, and te~.orded in Film Code No. 102-8~1325, Page 7, of the Official PublJ. o Records of Jefferson County, Texas. Sai.d 53.5510 acre tract of land being moro paalcularly described below with all b~dngs, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projectioa, NAD 83, herehaafter referred to as T.S.C. All acreages shown are grid. The correetioa ~t the PLACE OF BEGINNING of sald'tmct is 2°28'14" and the seato factor is 0.9999062. .BEGINNING at a Concrete Monumeat found at the intersection of the east fight-of-way line of Terrai~al l{oad (60 feet in width) mad the south right-of-way line of Fifteenth Street (60 feet in width) and being an angle comer ofsaid 53.5583acre tract, said point having T.S.C. coordinates of Y= 13,g97,205.334 feet and X= 3,566,360.006 feet; TPIENCE ]qorth 36°37'4g'' East along and with the most northerly northwest line of s.ald 53.5583 acre tract, same being the south right-of-way line of said Fifteenth Street for a distance of 10.56 feet to an ,,x ', in coacrete .found at aa Ell comer of sai. d 53.5583 acre tract, same being in the south Hght-of-way line of said Fifteenth Street; : TI:fENCE South 53~22'12'' East aloag and with the most southerly northeast line of said 53.5583 acre ~xaot for a &istance of 697.36 feet to a concrete monument with disk found at an Ell comet of said 53.5583 acre tract; TI:UENCE North 36°37'20" East along and with ff,e most southerly northwe~ line of said 53.55~3 acre tract for a distance of 1807.80 feet to a coacrete monument found at the north comer of said 53.5583 acre tract; '- TI-EENCE South 53~20'36'' East along and with the most northerly northeast line of said 53.5583 acre tract for a distance of 546.9i fe~t to a 5/8" iroa rod found at an Ell comer of said 53.5583 acre tract; PAGE 2 Tract II 53.5510 'Acres (calIext 53.5583 Acres) Nat{onal. Station Property B.C. Arthur Surv~, Abstract lqo. 61' Isaiah Bray Survey, Abswact No. 401 Jefferson County, Texas THENCE South 36°23'1 i" West along and with thc most northerly southeast line of said 53.5583 acre tract for a distance of 125.62 feet.to a 5/8" iron rod found at an Ell comer of sald 53.5583 acre tract; TIrEENCE South 53°24'03" l~_~5t along and with a northeast line oi? said 53.5583 acre tract for a distance of 149.48 feet to a 5/8" iron rod found at the east comer of said 53.5583 ~.cre tract, same being in the northwest right-of-way li~e of West Thonms Boulevard (120 feet in width): THENCE South 36°38'02'' West along and with the southeazt line of said 53.5583 acre tract, same being th, e northwest right-of-way line of said West Thomas Boulcvaxd fo~ a distance of 1934.69 fe~t to a 5\8" iron rod set at an anglo comer of said 53.5583 acre tract, same being in the aoH, hwest fight-of-way line of said West Thomas Boulevard; TI:IENCE South 23014'32'` West continuing along ired with the southea,m line of said 53.5583 acre tract, sam~ being the northwest fight-of-way ~ of said West Thomas Boulevard for a di~ance of 333.40 feet to a 518" iron rod found al e~x angle cOmer of said 53.5583 acre tract; same being in the northwest n'ght-of-way of said West Thom,~ Boulevard; TI:LENCE South 36°37'09'' West continuing along and with the soutM~t line of said 53.5583 acre tract, same being the northwest fight-of-way Iine of said We~t Thomas Boulevard for a distance 0£594.86 feet to a 2" iron pipe fouud at a~ iu~gl~ corner of said 53.5583 acre tract, same being the northwest fight-of-way line of said West Thomas Boulevard; THENCE South 44°10'46'' West continuing along and with the southeast line of said 53.5~83 acre tract, same being the northwest fight-of-way line of said West Thomas Boulevard for a distance of? 135.60 feet to a 1/2" iron rod found at the south comer of said 53.5583 acre tract, same being the intersection o£ the aordawest fight-of-way line of said We~ Thomas Boulevard and the northeast right-of-way line of State l-Iwy 82, also known as IVLL. King Drive (120 feet in width); PAGE'3 - Legal Dc~crip~i6n: Tract II 53.5510 Acres (called 53.5583 Acres) NaSonal Station Property B.C. Arthur Suxv~/, Abstract No. 61 Isai~ Bray Survey, Abstract No. 401 Jefferson County, Tcxa.s THENCE North 53°18'02" West along and with thc southwest line of said 53[5583 acre tract, same bo[ag the northeast right-of-way llne of said State Hwy 82 for a distance of 224.25 feet to a 1/2" iron rod found at the south, west comer of said 53.5583 ac~¢ tract, same being thc intersection of thc northeast right-of-way linc of said State Hw7 82 and the ca~t right-of-way linc of said Termiml Road; THENCE North 06°5P53'' West along lind with the west line of said 53.5583 acre tract, Same being the east fight-of-way line of said Term[nM Road a distance of 1785.80 feet re the PLACE OF BEGINNING, containing 53.5510 acres of land, more or less. Surveyed February thru June, 1998 by Mark W. Whiteley, Registered Professional Land Surveyor No. 3636. This field note description is being submitted along wi~ a plat (Exhibit "B") based un this survey. ' 636 MARK W. WHI~r.~Y ~ ASSOCIATES, 174'0. --- June 5, 1998' .. Legal Description: Traot ~ffI - 4~.2161 Aores National Station Ext. B.C. Arthur Survey, Abstract No. 61 B.B.B.&C.ILP.., Abstract lq'o. 92 Isaiah Bray Survey, Abstcact No. 401 Jefferson County, Texas BEING' a 44.2161 acre tract or parcel of land out of and a part of that certain 44.1180 acre tract out of the B.C. Arthur Survey, Abstract No. 61; B.B.B.&C.R.B.., Abstract No. 92; and the Isaiah Bray Survey, Abstract 1%. 401, Jefferson County, Texas; which said. 44.1180 acre tract of land was conveyed by Texaco Kefining and Marketing Inc. to Star Enterprise by deed dated August 16, 1959 recorded in Film Code No. 102-84-1325, Page 7, O~cial ;Public Records, )'eft&son County, Texas. Said 44.2161 acre tract of land being more particularly described below with all be.stings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. All acreages shown are grid. The theta correction shown at the PLACE OF BEGINNING of said tract is 2o 28'05" and the scale factor is 0.9999061. BIgGI/XrNING at a 1/2" ken rod in concrete found at the intersection of the northeast fight-of-way ' line of'State Hwy 82, also known as M.L. King Drive (120 feet in width) and the east right-of-way line of State Iq[wy 87, also known as Gulfway Drive and being an angle comer of said 44.1 lg0 acre tract, said point having T.S.C. coordinates of Y= 13,896,850.152 feet and X= 3,564,631.928 feet; THENCE North (~0°32'06" West along and with the west line of said 44.1180 acre tract, same being the east fight-of-way line of said State Hwy 87 for a distance of 85.04 feet to a 5/8" ken rod. found at the northwest comer of said 44.1180 acre tract, ~ame being an angle comer in the south right-of- way line of said State Hwy 87; TrrIENCE North 57°42'46'' East along and with the north line of said 44.1 lB0 acre tract, same being the south line of said State HWY 87 for a distance of 87.19 feet to a concrete monument with disk found at an angle comer of said 44.I180 acre tract, same being in the south right-of-way line of said State HWY 87; · ~ w, I¢~¢~LEYAI~ ~SSOCLL~S, ZNC. . ' PAGB 2 , Legal D~scfiptl.on; Part of Tract VII, Parc~l A ' Film Code No. 102-g4-1325 Pagd No. lS TH~N .CE lq 0° 30'20"E continuing along and wlth the East Hne ofsald State H~ghway No. 73 right-of-way a distance of 800.83 feet to a point. Tl-~ ~:NCE ~q 460 40' 41" E continuing along and with the South line of said State Highway No. 73 a distance of 515.86 feet to the PLACE OF BEGI2qNING, containing 18.233 acres of land. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset based on boundary survey performed by Sanflwell dated March 1991 and made by me on the ground and the limits, boundafie8 and comerB are. truly shown just as I found them at the time o£survey. Surveyed February thru :Iune, 199g. This field note description is being submitted along with a plat (Exhibit "B") based on this survey. MARK W, WtlITF..LEY A..ND ASSOG[.A.~ INC, , , , -- June 5, 199g " Legal Desofiption: Part of Tract VII, Paroel B Film CodeNo. 102-84-1325 Page No. 15 BEING a 966.164 acre tract of land out of the Joseph Butler League, Abstract' 9, lefferson County, Texas. Sold 966.164 acre tract being more particularly described below wlth all bem,-ings, distances, and coordinates referenced to the Texas Plane Coordlnate System, South Central Zone, Lambert Projection, NAD 83, herelnaf~er referred to as T.S.C. All acreages shown ~re grid. The theta correction at thc PLACE OF BEGINNING of said tract is 2° 27' 57" and the scale factor is 0.9999124. BEGINNING at a 4" brass pipe with a disc found at the intersection of the North right-of-way line of Savannah Avenue and the East line of the Jefferson County Drainage District No. 7 Mdn Outfall Canal. Said 4" brass pipe having T.S.C.coordinates ofy -- 13910431.896 feet and x = 3562632.304 feet. TR'E, NCE i'4 530 27'57" W along and with the North right-of-way line of said Savannah Avenue a distance of 260.09 feet to a 5/8" rebar found in the East fight-of-way line of State Highway No. 73 TItENCE along and with the East right-of-way l/ne of said State Highway No. 73 as foll6ws: N 08o 25' 59" W a distance of 188.04 feet to a concrete monument'found; N 28° 12' 16' E a distance of 404.~8 feet to a concrete monument found; iq' 360 36' 00" E a distance of 4165.68 feet to a 4" pipe found; lq 45o 51' 37" E a distance of 682.86 feet to a 4" bra~s pipe found; lq 73o 00' 12" E a distance of 243.67 feet to a 5/8 "rebar fouM; lq' 850 09' 39" E a distance of 898.19 feet to a concrete monument found; S 78° 24' 12" E a distance of 153.16 feet to a 4' brass pipe found; S 64° 16' 49" E a distance of 167.25 feet to a 5/$" rebar found in the South fight-of-way line of Memorial Boulevard. ~ ',t'H'ENCE S 490 52' 01" E along and with the South dight-of-way line of said Memorial Boulevard a d. istance of 657.14 feet to a 4" brass pipe found in the West line of the Memorial Baptist Church tract. Said Memorial Baptist Church tract being part of a 33.31 acre tract more fully described in Volume 600, Page 512 of said Jefferson County Deed Records. THENCE S 0Q 30' 48" W along and with the West line o'f said 33.31 acre tract a diste~nce of 1122.13 feet to a 5/8' rebar found. "PAGB 2 ' Legal Dc~cdpti~: Part of Tract VII, Parcel B · Film CodeNo, 102.~4.1325 Page No. 15 T~mNCE S 53° 19' 06" E along and with the South line of said 33.31 acre tract a distar~ce of 1233.1:2 feet to a concrete monument found at the Southeast comer of the Park Place Manor Subdivision mote fully described in Volume 10, Page .55 of the .lefferson County Plat Records.~ Said concrete monument also being in the West line of the Park Place No, 3 Sub'dMsion more fully described in Volume 7, Page 109 of said Jefferson County Plat Records and at the Southeast corner of said 33.31 acre tract. TFrRNCE S 36° 40'54" W along and with the West line of s~id Park Place No. 3 Subdivision a distance of 99.99 feet to a 8" x 8" concrete monument found at the Southwest corner of said Park Place No. 3 Subdivlslon. TFFENCE S 53~ 22' 46" E along and with the South line of said Park Place No. 3 Subdivision'a distance of 3939.80 feet to a point for comer in the West fight-of-way ~e of 25th Street and at the Southeast comer oFthe Boulevard Acres Subdivision. Said Subdlvlslonbelng more fully described in Volume 6, Page 71-72 of said Jefferson County Plat. Records. THENCE ~/ong and with the West right-of-way line of said 25th Street as follows: S 360 38" 52" W a dimmce of 80.54 feet to a concrete monument found; S 33o 25' 55" W a distance of 199.96 feet to a 5/8 "rebar found; S 36° 34' 14" W a distance of 2731.57 feet to a 5/8" rebar found; S 420 42' 55" W a distance of 171.00 feet to a 5/8" rebut set; S 360 33' 55" W a distance of 135.00 feet to a concrete monument found in the North line of the City of Port Arthur outfail canal more fully described in Volume 427, Page 203 of said Jefferson County Deed Records. TFrENCE N 530 20' I 1" W along and with the North line of said City of Port Arthur outfall canal a distance of 2434.22 feet to a 5/8" rebut found at the Northwest corner ct' said City of Port Arthur outfall canal. ~ TI~ENCE S 080 20' 11" E a distance of 183.12 feet to a 5/8" rebar found at the Southwest corner of sald City o£Port Arthur outfatl canal. TH ~:NCE along and with the South 14ac of said City of Port Arthur outfail canal as follows: S 540 02' 41" E a distance of 137.63 feet to a 5/8" rebut found; N 83° 06' 49" E a distance of 26.79 feet to a concrete monument found; S 53° 54' 05" E a distance of 970.42 feet to a 5/8" rebar found; S 53° 20'56" E a distance of 1178.16 feet to a 5/8" rebar found in the West line of said 25th Street. · . _ . MiRKW. WHITBLEYAND AS$OOLtTE$, LVO. _ ~ .... PAGE 3 Legal Descdptio.n: Part of Tract VII, P~rc~l B · Film Code No, 102-84-1325 Page No. 15 ' TI:rE, NCE S 36~ 33' 10" W along and with the West line o.rs.id 25th Street a distance of, 1815.47 feet to a 518" iron rod set in the North right-of-way line of said Savannah Avenue. THENCE N 53° 26' 04" W along and with the North right-of-way line of'said Savannah Avenue a distance of 7123.91 feet to a 518" rebar found. T~ENCE N 43° 30' 16" W along and with the North right-of-way line of said S~'vannah Avenue a distance of 143.05 feet to the PLAC. E OF BEGI2NNhNG containing 966.164 acres of land. l, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State of' Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset based on boundary survey performed by Sandwell dated March 199l and made by me on the ground and the limits, boundaries and corners are truly shown just as I found them at the time of survey. Surveyed February tlwa June, 1998. This .field note description is being submitted along with a plat (Exlfibit "B") based on this survey. Mark W. Whiteley, RPLS No. 3636 xl W:~WOKD~TAR~7902 -C. DOC MARE ~. WHIT. RLBYAND ASSOClATE~ I_NO .... June 5, 1998 Legal Desoription: Part of Tract VII, l~areel C l~iim Code No. 102-84-1325 Page No. 15. BEING a 67.660 acre tract of land out of the Joseph Butler League, Abstract 9, Jefferson County, Texas. Said 67.660 acre tract being more particularly described below with all bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, herelnatt, er referred to as T.S.C. All acreages shown are grid. The theta correction at the ]PLACE OF BEGIXqNING of said tract is 2° 28' 35" and the scale factor is 0.9999097. BEGINNING at a concrete monument found at the intersection of the North right-of-wfiy Ijne of Savannah Avenue and the West fight-of-way line of Zwolle Boulevard. 8aid monument also being the Southeast comer of the tract herein described and having T.S.C. coordinates of y -- 13905045.610 feet and x = 3569823.178 feet. 'r.HENCE Iq' 53° 23' 11" W along and with the North right-of-way line of said Savannah Avenue a distance of 1353.38 feet to a concrete monument found (broken). THENCE lq 52* 17' 18" W along and with the North right-of-way kine of said Savannah Avenue a distance of 326.14 feet to a condrete monument found in the East line of 25th Street. THENCE N 36° 33' 20" E along and with the East line of said 25th Street a distance of 1825.24 feet to a concrete monument found in the South line of the City of Port Arthur outfall canal tract. ~' T~I~NCE along and with the South line of said City of Port Arthur outfa[l canal tract as follows: S 53° 20' .46" E a distance of 1242.73 foot'to a concrete monument found; S 37" 06' 26" W a distance of 21.61 feet to a 8" x 8" concrete monument found; S 54° 07' 22" E a distance of 183.51 feet to a 8" x 8" concrete monument found; S 09° 38' 50" W a distance of 150.33 feet to a concrete monument found(broken); S 290 43' 51" W a distance of 590.90 feat to a concrete monument found; S 14° 35' 26" W a distance of 68:63 feet to a concrete monument found (broken); S 52a 06' 04" E a distance of 101.44 feet to a concrete monument found in the West right-of-way line of said Zwolle Boulevard. WHFW£LEY AND AS$OCL4TE~ L~C. ~ Legal Pe$crlptio.n: Pa~ of Tract VII, P~rc~l C "Film Cod~No: 102-84-1325 Page No. 1:5 ; TlffENCE $ 3?° 13' I4" W .long and wlth the West right-of-way.line of said Zwolle Bo,.Jlevard a distance of 1024.89 feet to the PLACE OF tiEGINNING, containing 67.660 acres of land. I, Mark W. Whiteley, R. cglstered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset b~sed on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and comers are truly shown just as I found them at the time of survey. Surveyed February thr~ J'une, 1998. This field note description is being submitted along with a plat (Exhibit "B") based on this survey. 3636 ' ,. ~ W. WI~IT£LF, Y AND AS$OOIATF, S~ INC, ._ ~' June 5, 1998 Legal Description: Part of Tract vii, Parcel D Film Code No. 102-84-1325 Page No. 15 BEING a 129.341 acre tract of land out of the Joseph Butler League, Abstract 9, Jefferson County, Texas. Said 129.341 acre tract being more particularly described below with all bem-ings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter refen'ed to as T.S.C. Ail acreages shown arc grid. The theta correction at the PLACE OF BEGINNING of said tract is 2° 28' 47" and the scale factor is 0.9.{9.9121. BEGINNING at a concrete monnment found ia the E~st line of 25th Street and at the Northwest comer of the tract herein described. Said monument having T.S.C. coordinates cry = 13910258.322 feet and x -- 3571606.759 feet. T~ENCE S 53° 22'46" E a distance of 1732.91 feet to a point for comer tn the West right-of-way line of Zwolle Boulevard. TH.ENCE S 37° 13' 14" W along and with the West right-of-way line of said Zwolle Boulevard a distance of 3202.04 feet to a 5/8" rebar found from which a concrete monument fotmd bears S 530 50' 49" E a d~sta~ce of 9.56 feet. Said 5/8" rebar being located at the Northeast comer of the City of Port Arthur ouffall caaal ta'act. Said tract beL~g more particularly described in Volume 427, Page 203 of said ,Jefferson County Deed Records. THENCE along and with the North line of ~hid City of Port Arthu,' outfall canal tract as follows: N 530 50' 49" W a distance of 200.00 feet to a 5/8" rebar found; S 37° 14'02" W a distance of 115.34 feet to a 5/8" rebar found fi'om whick a concrete monument fotmc[ be~s S 53o lg' 14" E a distance of 9.87 feet; N 53° 18' 14" W a distance of 1502.70 feet to a mark scribed in concrete found in the East ILae of said 25th Street. , _ MARE Y/, Br/Iil'i{:L~YAND aSSOO/ttrl~/NO, . J PAOE 2 Legal De$~ripu~on: Part of Tract VII, Parcel D · Film Code No. 102-84-1325 Page No. 15 THigNCE along and with re East line of said 25th Street as follows: N 36° 33' 55" E a distance of 132.95 feet to a 5/8" rebar found; N 420 42' 55" E a distance of 170.99 feet to a 5/8' rebar found; N 36° 34' 14" E a distance of 2734.81 feet to a 5/8" rebar found; N 33° 15' 17" E a distance of 200.56 feet to a concrete monument found; N 37° 07'25" E a distance of 78.85 feet to the PLACE OF BEGINNING, containing 129.341 acres of land. I, Mark W. Whiteley, Kegistered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous comers found or reset based on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and comers are n'uly shown just as I found them at the tim9 of survey. Surveyed February ttu'u June, 1998. This field note description is being submitted along with a plat (Exhibit "B') based on this survey. Mark W. Whiteley, RPLS No, 3636 ~une 5, 1998 Legal Description: Part of Tract VII, Parcel E Film Code No. 102-84-1325 Page No. 15 BEING a 4.459 acre tract of land out of the B. B, B. & C. R.k., Abstract 92 and the Joseph Butler League, Abstract 9, $efferson County, To×as, and being a part of Blocks 456, 457 and 458 of the City of Port Arthur Townsite is recorded in Volume 2, Page 137 of the Jefferson County Plat Records, Said 4.459 acre tract being more particularly described below with all bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. All acreages shown are grid. The theta correction at the PLACE OF BEGINNING of said tract is 2° 28' 25" and the scale factor is 0.9999084. BEGINNING at a Texaco monument found at the mtersectton of the South right-of-way hn of Dallas Avenue and the West right-of-way llne of East 19th Street. Said monument having T.S.C. coordinates o[y = 13902070.877 feet and x = 3568112.897 feet. THENCE S 36° 37'45" W along and with the West right-of-way llne of said East 19th Street a distance of 252.83 feet to a mark in concrete found in the West right-of-way line o£ San Antonio Avenue. TB2ENCE S 23° 19' 00" E along and with the West right-of-way line of sat San Antonio Avenue a distance of 135.13 feet to a point for comer in the Northwesterly right-Of-way line of Nederland Avenue. TltENCE S 66° 31' 30" W along and with the Northwesterly right-of-way line of said Nederland Avenue a distance of 357.20 feet to a 5/8'' rebar found in the Northeasterly right-of- way line of Avenue A... THENCE N 23° 19' 00" W along and with the 'Northeasterly fight-of-way line of said Avenue A a distance of 288.59 feet to a Texaco monument found at the beginning of a curve to the right in the East line of the Kansas City Southern 1/,ilroad 100 foot right-of-way. Said curve having a central angle of 04° 03' 25" and a radius of 768.52 feet. THENCE along and with the arc of said curve to the right a distance of 54.42 feet to a concrete monument found in the East fight-of-way line of Zwolle Boulevard. THENCE N 370 l 1' 53" E continuing along and with the East fight-of-way line o~' said Zwolie Boulevard a distance of 432.47 feet to a concrete monument found in the South line of said Dallas Avenue. MARE ~. WHITELEY AND AS$OOL4-TE~ five. ,,, ~ PAGE 2 ·, Legal Description: Part of Tract VII, Parcel E ~' Film Code No. 102-B4-1325 Pa/~e No. 15 ; THENCE S 53° 19' 16" E along and With the South line of said Dallas Avenue a distance: of 316.66 feet to the PLACE OF BEC,-INNI2YG, containing 4.459 acres of land. t I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State Texas, do hereby certify that the above field note description correctly reflects previous comers found or reset based on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and comers are truly shown just as I found them at the time of survey. Surveyed February thru June, 1998. This field note description is being .~ubmitted along with a plat (Exhibit "B") based on this survey. w 25et y, m, Ls No. 3636 MAJ'?.K W. WHI~r.~K AND A.~.~SOC. IATES~ INC, June 5, 1998 Legal Description: Part of Tract VII, Parcel F Film Code No. 102-84-1325 Page .Ho. 15 BEhN'G a 9.669 agre tract of land out of the B. B. B. & C. R.R., Abstract 92, Jefferson County, Texas. Said 9.669 acre tract being Block .26 through Block 30 of the Port Arthur Heights Subdivision. Said Subdivision being more fully described in Volume 2, Page 138 of the Jefferson County Plat Records. Said 9.669 acre tract being more particularly described below with all bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C.' All acreages shown are grid. The theta correction at the PLACE OF BEGID'q'NING o£~;aid tract is 02° 28' 14" and the scale factor is 0.9999074, BEGIIN'NING at a concrete monument found in the South line of said Block26 and in the East line of an 85 feet wlde strip belonging to the City of Port Arthur. Said monument having T.S.C. coordinates cry = 13899819.615 feet and x = 35669.45.496 feet. THENCE N 32' 39' 06" E along and with the East line of said 85 feet wide strip a distance of 1242.24 feet to a concrete monument found at the P.C. cfa curve to the right having a radius of 1138.99 feet and a central angle of 6° 53' 3 'I~lq~NCE Northcasterly continuing along and with the East line of said 85 feet wide strip and curve to the right an arc distance of 137.01 feet to a 5/8" rebar found. TH~,NCE N 07° 14' ll" E a distance of 146.68 feet to a 5/8 "rebar found in the East right-of- way line of the Southern Pacific Railroad at the P.C. cfa curve to the right having a radius of 129-3.68 feet and ace. ntral angle of 21* 10' 00". THENCE Northeasterly along and with the East4ine of said Southern Pacific Railroad and curve to the right an arc distance of 452.06 feet t~o a 5/8" rebar found at the P. T. ofsal~ curve. T1TF. NCE iq 66* 31' 30" E continuing along and with the East right-of-way line of said Southern Pacific ~l. aikoa, d a distance of' 39.38 feet to a 5/8" rebar found in the South right-oD way line of the Kans~ City Southern Railroad. Said rebar being located in a curve to the lek having a radius of 868.80 feet and a central angle of 12° 03' 04". THENCE Southeasterly along and with the South right-o['-way line of said Kansas'City Southern Railroad and curve to the left an arc distance of 182.74 feet to a concrctc monument found in the West right-of-way line of West 19th Street and at the Northeast corner of'said Block 30. ~ W. WItI'I~r.~yANDA~$OC. IA2~.8~ I~AGE ~ -, Legal Description: .Part of Tract VII, parcel F Film Code No. 102-84-1325 Page No. 15 TitENCE S 36o 37, 45,, W along and wi'th the West rlght-of-way line of said West 19th ~ Street, at 1854.03 feet pass a concrete monument found and continue on a total distance of feet to a point for corner at the Southeast cbmer of said Block 26. TB_ENCE lq' 51° 34' 02" W along and with the South line of said Block 26. at 5.11 feet pass a concrete monument found and continue on a total distance of 155.87 feet to thc PLACE OF BEGINNING, containing 9.669 acres of land. l, Mark W. Wkiteley, Kegistered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description corre, ctly reflects previous corners found or reset based on boundary survey performed by Sandwell date~l March 1991 and made by me on the ground and the limits, boundaries at~d corners are truly shown jast as I found them at the time of survey. Surveyed February thru lune, 1998. This field note description is being submitted along with a plat (Exhibit "B") based on Mark W. Whi~ this~ No 3 __ M.4.R~ W. WHIT'.R_ LRY AND ASSOtjIA. TES~ liNC. .. June5,1995 Legal Description: Tract VIII ; 7 th Street Tank Farm ~ Film CodeNo. 102-1~4-1325 t BEING a 62.764 acre tract of land out of the B. C. Arthur Survey, Abstract 61 'and the' John Bennett Survey, Abstract 70 and more particularly described in Volume 581, Page 350 of the Jefferson County Deed Records. Said 62.764 acre tract being more partic, qarly described below with all bearings, distances, and coordinates referenced to the Texas plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. All acreages shown are grid. The theta correction at the PLACE OF BEGINNING of said tract is 2* 28' 10" and the scale factor is 0.9999032. BEGINNING at a concrete monument found at the Southwest comer of the tract herein described and in the Northeasterly line ufa 60 feet wide county road. Said monument having T. S.C. coordinates ely = 13890392.088 feet and x = 3565837.891 feet. THENCE N 36° 39' 23" E along and with the West I/ne of the tract herein described a distance of 1978.83 feet to a concrete monument found at the Northwest corner of the tract herein described and in the Southwesterly corporate line o£the City of Port Arthur. TltiENCE S 53° 19' 26" E along and with said corporate line a distance of 1382.76 feet to a concrete monument found at the blortheasf comer of the tract herein described and in the West line ufa Kansas City Southern 150 foot fight-of-way. TttEBICE S 36° 43' 08" W along and with the East line of tim tract here'm described and the West line of said Kansas City Southern 150 foot fight-of-way a distance of 1978.70 feet to a concrete monument found at the Southeast corner of the tract here'm described. TllENCE N 53° 19' 46" W along and with the So~th line of the tract herein described a distance of 1380.60 feet to the t'IakCE OIi' BEGINhqlYG, containing 62.764 acres of land. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset based on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and comers are truly shown just as I ~ound them at th9 time of survey. Surveyed February thru June, 1998. This field note description is being submitted along with a plat (Exhibit "B') based ua this survey. _~ Mark W. Whiteley, RPLS No. 3636 ~t~,~~ w,~wo~uWr,x~r~.~-oo¢ ,., ~L4RK W. V/HITELEY AND ASSo0~C. , 3une 5, 1998 Legal Description: Tract XII East Tank Farm 40.1276 Acres B.B.B.&C.R.R., Abstract lqo. 92 Jefferson County, Texas BEIMG a 44.2161 acre tract or parcel of land out of and a part of that certain 44. ! 1 gO acre tract out of the B.B.B.&,C.R.R., Abstract lq'o. 92, Jefferson County, Texas, which said 44.1180 acre tract of land was conveyed by Texaco Refining and Marketing Inc. to Star.Enterprise by deed dated August 16, 1989 recorded in Film Code lqo. 102-84-1325, Page 7, of the Official Public Records of. Jefferson County, Texas (O.P.R.J.C.), said 44.2161 acre tract of land being more particularly . described below with all bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Pro]ectlon, NAD 83, hereinafter referred to as T.S.C. All acreages shown are grid. The theta correction shown at the PLACE OF BEGI'NNING of said tract is 2° 28'05" and the scale factor is 0.9999061. BEG1NNlgqG at a Texaco Inc.concrete monument found ar the inters.ection of the easterly line of a Southern Pacific Transportation Company 100' wide right-of-way with the northerly line of State Highway 87, also known as Cmlfway Drive (variable-width right-of-way), said point having T.S.C. coordJnates of Y-~ 13,897,280.203 feet, and X= 3,564,518.743 feet; THENCE'North 32°37'46" East along and with said easterly line for a distance of 2783.30 feet to a 5/8" iron rod set for comer, said point being in the westerly line of Terminal Road, a sixty-foot (60') right-of-way; THENCE South 06036'08'` Bast along and with the westerly right-of-way line of Ternfinal Road for a distance of 1854.89 feet to a 1" iron rod found ai its intersection with the northerly line of State Highway 87; THENCE in a westerly direction along and with the northerly right-of-way llne of State Highway 87, a curve to the fight having a central angle of 13o57'27", a radius of 905.35 feet, %!,cng chord that bears South 53°31'34" West 220.00 feet, oa~d an arc distance of 220.55 feet to a iron plpe found for corner in said right-of-way; TI-IENCE South 73°39'18.. West continuing along and with said right-of-way for a 6istance of 1184.27 feet to a concrete monament with a bronze disk found for an angle point; THENCE South 81°45'17" West continuing along and with said right~of-way for a distance of 108.19 feet to a concrete monument with a bronze disk found for an angle point; ~IAP. K W. %VIflTELEY A~D AS$OCIATE~ INC, _ ~ ?KQE 2 "- Legal Desoription: 'Trae~ ~ East Ta~k Farm 40.1276 Acrcs B.B.B.&C.R.R., Abstract No. 92 ~effersoa County, Texas TH2ElqCE South 85°44'31" West cont[nulng along and with said right-of-way for a distance of 294.46 feet to the PLACE OF BEGINNING, containing 40.1276 acres of land. more or less. Surveyed February through June, 1998 by Mark W. Whkeley, Registered professional Land · Surveyor No. 3636. This field note description is being submitted ~long with a plat (Exhibit based on this survey. Mark W. Whiteley, KPLS N . ~:ig~ORD~T~R~T~ACTX~[ atmu~ w. wHrr~zusv ,J%D ~ssoct&~% ~Nc. . ~uneS, 1998 Lc§al Descdpfion: Pan of T~act XIV, parcel A (PAP) 15-4 A&B Film CodcNo. 102-84-1325 ~age ~o. 22 B~G ~ ~785.569 acre ~ra~ o~i~nd out ogthe lo,owing su~eys: ]'oseph Butler, Abstract Burr ~ Caswell, Abstra~ 391; B.B.B. ~ C. ~R., ~bstraet 91; B.B.B ~ C. R.R.. Abstract 92; B.B.B ~ C. R.R., Abstract 94; W. P. ~. MeFadflln, ~bstraet 64~; ~nd the B.C. ~xhur Su~ey, Abstra~ 61, ]efferson County, Texas. Said 1793.925 acre ~ract being more described below with ~ll bearing% distance% ~fl coordinete~ re~erenced to the Texas Plane Coordinate system, South Central Zone, L~mbe~ Projection, NAD T.S.C. ~1 acr~ges ~hown ~e ~d. The theta ~ection said tra~ is 2~ 28' 05" and ~he s~le ~actor is 0.9999100. B~G~G at a concrete filled ~6" ~.V.C. pip~ ~ound at ~ Ell corner o~the Star Ente~rise m~in plum site and in the ~st fight-of-way ilne of S~te~ghwayNo. 73. Said concrete monument also being the Southwest co,er or,he Po~ ~hut Chemical Plant being more pa~icularly described as being the s~e a~ except Tract ~ (TCC Plant) out of Tract ~V on Page No. 22 of Fihn Code No. 102-84-1325 of said Jefferson County Deed Records. Said concrete monument having T.S.C. coordinates cry = 13905511.1 g5 feet and x = 3558405.198 feet. T~NCE S 53° 03' 2T'E Mong and with ihe South line of mid Po~ ~hur Chemical Plant and No~herly line or,id St~Ente~dse Main Plant site at a di~ of 242.59 feet pass a concrete monument found and ~ntinue on a tot~ dig~ce of 2358.24 feet to a concrete monument found at the Southeast comer of mid PoP A~ur Chemi~l Plant. ~NCE along and with the E~t line of said Po~ ~hur Chemimt Plant site and a Westerly line of said Star Enterprise Main Plant site ~ follows: N 36~ 38' 48" E a distance of 2179.49 feet to a ~norete monument fouad at the Southwest ~mer of a 0.152 acre Wact dgsignat~ ~ being the save ~rnd except "Out Tract A" out of the s~e and except Tra~ ~ (TCC Plant) out of Tract XiV on Page No. 22 of Film Code No. 102-84-1325 of said fefferson County Deed Kecords; N 36° 38' 52" E a dist~ce of 397.04 feet to a ~ncrete monument found at the Nomhwest comer of said 0.152 acre tra~; N 36° 39' 01" E a distance of 759.89 feet to a ~ncrete monmnent found; N 13° 11' 14" E a dis~nce of 198.76 feet to a ~ncrete monument found; N 36° 30' 48" E a distance of 995.67 feet to a ~ncrete monument found at t~ No~heast ~mer of said PoR ~hur CherYl Plant site and being at a ~ Ell comer of said Star Enterprise Main Plant site. MARK W. WHIT~LI~z" AND ASSOCL4.TES, ZNC. _ ~ · ?~ge 1,1o. :Z " Legal Description: ~art of Tract XIV, P~cel A · (P.AP) 15-49 Film Code lqo. 102-84-1325 . PageNo. 22 T~.~CE ~ 53~ 06' 1 g" W along and with ~e No~h line of said Pon ~hur Chemical Pla~t site and a Southerly line of said St~ Ente~fis~ ~n Plant site a distance of I 1 IQ. 10 feet tq'a concret~ monument found at an Eli comer of said St~ Enterprise Main Plant site. . T~ENCE along ~d with a Westerly line of said St~ Ente~rise ~ain Plant site as follows: N 38° 03' 5l" E a distanc~ of 744.91 feet to a concrete ~0nument found; ~ 360 34' 56" E a distance of 772.31 f~et to a ~ncccte monument found; ~ 64~ 08' 09" E a dlstan~ of 80.12 feet to a ~ncrete monument found~ S 53~ 28' 08" E a dis~nce of 74.93 feet to a ~ncrct~ monument found; N 400 07' 44" E a distance of 97.46 feet to a 5/8" iron rod 'found; ~ 88° 55' 24" E a distance of 134.7g feet to a ~ncrete monument found~ S 51~ 54' 10" E a dls~nce of 112.04 feet to a ~ncrete monument found: ~ 36° 34' 59" E a distance of 106.78 feet to a 5/8" ~on rod set at an Ell core, er of said S~r Eme~fise Main Plant site and in the South line of the Savannah Avenue 70 tbot right,f-way. T~CE S 53° 25' 2g' E along and with the South line of said Savannah Avenue 70 foot tight-of-way a dls~nce ot623g.62 feet to aP.K. nail set at aP.I. where said right-of-way changes to 60 feet in width. T~ENCE S 520 19~20'' E ~ntlaulng along ~d with the South line of said Savannah Avenue 60foot right-of-way a distance of 326.00 feet to a conzrete monument found. T~NCE S 52~ 57' 33" E ~ntinulng alo~ and ~th the Sou~ line of said Savannah &venue 60 foot right-of-way a dist~ of 1 ~g7.27 f~t to a 5/8" rebut found. T~NCE S 52~ 14' 14" E ~ntinulng along and ~th the South line ofsald Savannah &wnue fighter-way a dist~ce of 165.72 feet to a ~ncretemonumeat found in the West line ofrh~ Zwolle Boulev~d 120 toot fight-of-way. T~CE S 37° 12'07" W along and with the West line otsaid Zwolle Boulevard 120 foot fight-of-way a distance of~314.64 feet to a ~ncrete monument ~NCE S 53° 05' 13" E a distan~ of 172.65 fe~t to a concrct~ monument found in the West lin~ of the Southern Pacifi~Kai~oad 100 foot right-of-way. Said monument being the left with a radius of 1323.88 ~eet ~d a centr~ angl~ of 32° 02' 26" ~E~CE along and with thz West line ofs~id Southern Pacific 100 foot fight-o~:way an arc distanc~ of 7~0.33 feet to a 5/g" reb~ found at the P. T. of said c~e. ,,, ~ W. ',YHZTELEYAND ASSOCIATE, S. INC. Page lqo. 3 Legal Descri~Stibn: part of Tract XIV, Par~l A · (PAP) 15-49 Film Code No. 102-f54-1325 Page 1',1o. 22 ; TEtENCE S 32° 39' 06" W continuing along and with the West line of said Southern Pi~cific 100 foot right-of-way a distance of 4379.72 feet to a con,rote monument found in the North line of the Spur No. 214 right-of-way. Said concrete monument also bei.ng in a curve to the right having a radius of 955.50 feet and a central angle of 37° 15' 37". TttENCE along and with the North line of said Spur lqo. 2t4 right-of-way an arc distance of 621.3 g feet to a concrete monument found at the P. T. of said curve. TItENCE in a lqorthwesterly direction along and with. the North ·line of said.Spur No. 214 right-of-way as follows: lq 53° 15' 42" W a distance of 1540.79 feet to a concrete monument'fohnd; lq 51° 115' 39" W a dist~ce of 2100.23 feet to a 5/15" iron rod set; N 53° 48' 41" W a distance of 4606.50 feet to a concrete monument found in the East line of said State Highway No. 73. TELENCE along and with the East line of said State Highway lqo. 73 as follows: lq 41° 31' 13" W a distance of 507.26 feet to a 5/8" rebar found; lq 05° 15' 46" W a distance of 423.43 feet to a concrete monument found; N 25° 20' 16" E a distance of 507.67 feet to a concrete monument found; 'N 36° 36' 09" E a distance of 22gl..70 feet to the pI_~CE OF BEGINNING, containing 1785.569 acres of land, save ce~d except a 1.492 acre tract of land more fully described below, leaving a net area of 1784.077 acres of land. Save and F, xcept ~ 1.492 Acre Tract COI~[1V~ENCENG at a concrete monument found at the Southeast comer of said Port Arthur Chemical Plant. Said concrete monument having T, .S.C. coordinates 0fY = 13904093.854 feet and x = 3560289.997 feet. Thence lq 36° 38' aB" E along and with the EaSt line of said Port Arthur Chemical Plant site and ~ Westerly line of said Star Enterprise Main Plant site a distance of 2179,49 feet to a concrete monument found at the Southwest comer of a 0.152 acre tract designated as being the save and except "Out Tract A" out of the save and except Tract VI3[I (TGC Plant) out of Tract XIV on Page No. 22 of Film Code No. 102-84-1325 of said ~efferson County Deed P. ecords; Thence S 62° 40' 21" E along and xvith the South line of said "Out Tract A" a dlstan~e of 19.72 feet to a concrete monument found at the Southeast comer of said "Out Trac~ A" and PLACE OF BEGENNIING of the tract of land herein described. Said conorete monument having T.S.C. MARK W. WBITELEYAND AS$OCDLT~ 13NO. _ ~ Page No. 4 Legal Description: ~art of Tract MIV, Parcel A Film Code lqo. 10244-1326 Page ~o. 22 coordinates ely = 139051542.529 feet and x = 3561590.883 feet; T3~lv, NCE along and with ~' Easterly line of wed Port Arthur Chemical Plant site and a Westerly line of said Star Emerprise Main Plant site ~s follows: S 62~ 40' 21" E a distance of 233.67 feet to a concrete monument found; lq 310 47' 09" E a distance of 190.61 feet to a concrete monument found; ~q 45° 14' 24" W a distance of 10'5.19 feet to a concrete monument found; lq 27° 47' 36" E a distance of 153.04 feet to a concrete monument found; iN 53° 20' 26" W a distance of 92.20 feet to a concrete monument found at the bloctheast comer of said "Out Tract A"; THF_,NCE S 35°51'13" W along and with the East I ne of said "Out Tract A' a distance of 393.88 feet to the PLACE OF BEGINN~fixlG, containing 1.49:2 acres of land. I, Mark W. Whiteley, P, egisterecl Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous comers found or reset based on boundary survey performed by £andwell dated March 1991 and made by me on the ground and the limits, boundaries and comers are truly shown just as I found them at the time of survey. Surveyed February tlu~t 3'une, 1998. Tkis field note description is being submitted along with a plat (Exhibit "B") based on tbJs survey. 3L4RK W. WHZT£r,~T AND ASSOCIATES, ZNC, ., June $, 1998 Legal Description: Part of Tract X3[V, parcel B ; (PAP) 15-49 A&B ' Film Code l',lo. 102-84-1325 ~ Page inc. 22 . BEING a 9.373 acre tract of land out of the following'surveys: Joseph Butlcc League, Abstract 9, and thc Burr &: C~wcll Survey, Abstract 391, Jefferson County, Texas. Said tract being shown as Tract 38 on thc Texaco Land Map 15-49C and located in Lots ? and $ of Block 7, Range M of the Port Arthur Land Company Subdivision and more fully described in Volume 1, Page 22 of the Jefferson County Plat Records. Said 9.373 acre tract being more particularly described below with al~ bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to · t ACE OF BEGINNING as T.S.C. All acreages shown are grid. The there correcttot~ a the PL of said tract is 2° 27'56" and the scale factor is 0.9999123. BEGI1NNflNG at a concrete monument found at the intersection of the East right-of-way line of the main outfall canal df Jefferson County Drainage District inc. 7 with the existing South right-of-way line of Savannah Avenue. Said monument also being the Northwest corner of the Texaco Port Arthur Research Center site with T.S.C.coordinates of y = 13910334·763 feet and x = 3562555.847 feet. TttENCE along and with the East right-of-way line of said main outfall canal and the West · line of said Texaco Port Arthur 1Research Center site as follows: S 36° 38' 14" W a distance of 67.99 feet to a Texaco Star Disk found; S 66° 38'48" W a distance of 513.01 feet to a 5/8" ~ebar found; S 36° 38' 48" W a distance of 1351.62 feet to a concrete monum, ent foun~d at the Southwest comer of said Texaco Port Arthur Research Center rote. TI:~ENCE N 53° 25' 16" W a distance of 194.78 feet to a Texaco Star Disk found in the East right-of-way line of State Highway No. 73 and in the West right-of-way llne of said Jefferson County Drainage District No. 7 main ouffall canal;' TI~ENCE along and with the East right-of-waY line of ~aid State Highway No. 73 and West right-of-way line of said Jefferson County Drainage District No. 7 as follows: lq 36° 40' 47" E a distance of 1340.36 feet to a cbncrete monument found', " ar found; lq 45° 00' 35" E a distance of 390.30'feet to a 5/8 feb N 81° 34' 47" E a distance of 193.85 feet to a point for corner in the South line 'of said Savannah Avenue. PAGE 2 Legal Descri~iSn: ]?.art of Tract XIV, P~rccl B .(PAP) l~ilm Code ~qo. Page No. 22 THENCE S 53° 26' 12" E along and with the South line ofsald Savannah Avenue a distance of 256.83 feet to the PLACE 0]7 BEGINNING, containing 9.373 acres of land. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflec!s previous corners found or reso. based on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and coruers ar~ truly shown just as I found them at the time of survey. Surveyed February thru June, 1998. ' This field note description is being submitted along with a plat (Exhibit "B") based on this survey. 3uno 5, 1998" - Legal De$cdption: Tract I out of Tract ~StV, Parcel C 28.850 acres. [save and except 25% interest to the Huntsman Corporation] Burr & Caswell Survey, Abstract No. 391 ; B.B.B. & C. IK.P,. Survey, Abstract No. 91 ~ Jefferson County, Texas , Being a 28.850 acre tract of land out of thc Burr and Caswell Survey, Abstract No. 391, and the B.B.B. & C. ]K.IK. Survey, Abstract No. 91, Jefferson County, Texas, and out of the Poet Arthur Land Company Subdivision, Lots 7 & 8, Blk. 6, P,..g. P, Lots l& 2 Blk. 7, Rg. O, Lots 5 & 6 Blk. 6, l~g. lq, and Lot 4, Blk. 7 Kg. lq', smd 28.850 acre tract being a part of a certain 1784.077 acre tract more fully descrlbed in Film Code 102 84 1325 as Tract XIV in Official Public P..ecords of Jefferson County (O.P.P,.J.C.). All bearings, distances and coordinates are referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. The theta correction at the 6ommencing point is 02° 2T 42" and thc scale factor is 0.9999094. BEGINNING at a con6rete monument found at the southeast comer of a 249.228 acre tract more fully described in Film Code 102 54 1357 as Tract VIII of said O.P.RJ.C., same being an ell comer of said 1784.077 acre tract and having T.S.C. coordinates of Y=13,904,093.854 feet and X=3,560,289-997 feet. THENCE N 36° 38' 48" nd with the westerly line of said 1784.077 acre tract and the E along a.. -- ..... ,~*' 19.55 00 feet to a 5/8" iron rod found for east line of said 249.228 acre tract lror a comer; TB2ENCE S 53° 15' 58" E for a distanc~ of 1014.05 feet to a 5/8" iron rod found for corner; THENCE S 37° 15' 22" W for a distance of 546.92 feet to a 5/8" iron rod found for an angle point; THENCE S 76° 49' 33" W for a distance of 152.14 feet to a 5[8" iron r6d found for an angle point; THENCE S 36° 31' 11" W for a distance of 388.'80 feet to a 5/8" iron rod found for an angle point, said point being in tko west line of the Burr and Caswell Survey, Abstract No. 391, same being the east line of the B.B.B. & C. R.R. Survey, Abstract No. 91; THENCE S 03° 36' 36" W for a distance of 183.68 feet to a 518" iron rod found for corner; THENCE S 37° 31' 01" W for a distance of 89 72 feet to a 5[8I' iron rod found for comer; THENCE N 53° 13' 14" W for a dist~.nce of 1009.72 feet to a 5/8" iron rod found for corner, said point being in the westerly line of the aforementioned 1784.077 acre tract and the east line of the aforemcntloned 249.228 acre tract; ~.(.ARK W. WH~I~r,~YAND A,SSOOL4.TI?,8, INC. ' PAGE 2 Legal ,Tract I out of Tract XIV, Parcel C 2B.g50 acres [save and except 25% interest to the Huntsman Corporation] Burr 8: Caswell Survey, Abstract No. 391 B.B.B. & C. R.P,. Survey, Abstract No. 91 Jefferson County, Texas ~ THENCE 'lq 36° 38' 48" E along and vAth the westerly line of said 1784.077 acre tract affd the east line of sald 249.228 acre tract for a distance 0/'39.82 feet to the PLACE OF BEGINNING, containing 28.850 acres of land, more or less. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State of Texas, do err' that the above field note description correctly reflects previous ?me, rs.found or hereby c _ify - . ~' ....~ ~--, e-ndwell dated March 1991 aha maae t~y me on reset based on oounaary survey peaom,,:u oj o,~ , . . ... ,., . ,..~ ..~ the ground and the limits, boundaries and corners are truly shown just as of the survey. Surveyed February through June of 1998. Thii field note.description is being submitted'along with a plat (Exhibit "B") based on this survey. MARK W. WHITELEY A.;VD ASSOCIATES, gNC, June 5, 1998" - Legal Description: Tract II out of Tract XIV, Parcel D eet 25% interest to the Huntsman Corporation] 66.004 acres [save and ex p B.B.B. & C. 1K.R. Survey, Abstract l~o. B.B.B. & C. R.R. Survey, Abstract No. 94 3refferson County, Texas Being a 66.004 acre tract of land out of the B.B.B. & C. P,_R. Survey, Abstract No. 91, and the B.B.B. & C. R.R. Su.rv. ey, Abstract No. 94, Jefferson County, Texas, and out of the Port Arthur Land Company Subdi,nsion, Lots 5, 6, & 7, Blk. 6, Rg. O, Lots 2, 3, & 4, Blk. 7, Rg. O, Lots 6.,7, & 8 Blk. 6, Rg. P, and Lots 1, 2 & 3, Blk. ?, Rg. P, said 66.004 acre tract being a m 1784 077 acre tract more fully descrlb~d in Film Code 102 84 1325 as Tract part of a cert. a' · .... ~ _~^,, ~ r- ~ AIl beafin~s, distances and XIV i Officaal Public Records ox jefferson ',;ounBr .n the Texas Plane Coordinate bystem, ~oum ~.enum coordinates are referenced, to~ ..... ,-, Th~. *hera correction at the commencing Projectiorf, NAD 83, hereinafter remrrea ~o as t.a.~., point is 02° 2'/' 42" and the scale factor is 0.9999094. CO]M~IENCING at a concrete monument found at the southeast corner of a 249.228 acre tract · more fully described in Film Code 102 54 1.357 as Tract VIII of said O.P.R.J.C., same being an ell comer of said 1784.077 acre tract ~md having T.S..C. coordinates of Y=13,904,093.854 feet and X=3,560,289.997 feet. TH2ENCE S 36° 38' 48" W along and with a westerly line of said 1784.077 acre tract and the east line of said 249.228 acre tract for a distance of 39.82 feet to a 5/8" iron rod found for the PLACE OF BEGINNING of the tract herein described; TFi~NCE S 53° 13' 14" E for a distance 6f 1009.'72 feet to a 5/8" iron rod found for corner; Tt-IE,NCE S 36° 49' 35" W for a distance of 2863.02 feet to a 5/8" iron rod found for comer; THElqCE N 52° 52' 20" W for a distance of 1000.90 feet to a 5/8" iron rod found for corner, said point berg in the westerly line of the aforementioned 1784.077 acre track and the cast line of the aforementmned 249.228 acre tract; THENCE N 36° 38' 57" E along and with the aforementioned common hne for a dtstance o 2856.95 feet to the PLACE OF BEGINNING~ containing 66.004 acres of land, more Or less. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State of Texas. do he above field note description correctly reflects previous corners found or hereby certify that t ...... ~,,~,~-11 dated March 1991 and made by me on reset based on boundary survey perxormeu oy ......... , -- · ' e the ground and the limits, boundaries and comers are truly shown just as I found them at the ttm of' the survey. Surveyed February through June of 1998. This field note description is being submitted along w~th a plat (Exhibit "B") based on this survey. June 5, 1998- Legal Description: Tract rm' out 0fTraot XIV, Parcel Iii 30.848 acres [save and except 25% interest to the Huntsman Corporation] Burr & Caswell Survey, Abstract No. 391 ~'¢fferson County, Te~ ' Being a 30.848 acre tract of land out of the Burr and Caswel[ Survey, Abstract NO. 391, Jefferson County, Texas and out of the Port Arthur Land Company Subdivision, Lots 2, 3, 6, 7, & 8, Blk. 6, Rg. N, Lots 1 & 2 Blk. 7, Pg. lq, said 31.055 acre tract being a part cfa certain 1784.077 acre tract more fully described in Film Code 102 84 1325 as Tract XIV in Official Public Records of Jefferson County (O.P.R.J.C.). All bearings, distances and coordinates are referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. The theta correction at the commencing point is 02° 27' 42" and the scale factor is 0.9999094. COMMENCING at a concrete monument found at the southea.st corner of a 249.228 acre tract more fully described in Film Code 102 54 1357 as Tract VIII of said O.P.R.I.C., same being' an ell comer of said 1784.077 acre tract and having T.S.C. coordinates of Y=13,904,093.854 feet and X=3,560,289.997 feet. THENCE N'36° 38' 48" E along and with a westerly line of said 1784.077 acre tract and the east line of said 249.228 acre tract for a distance of 2179.49 to a concrete monument found in the aforementioned common line; THENCE N 36° 38' 52" iii continuing along and with said line for a distance of 313.81 feet to a 5/8" iron rod set for the P/.a~CE OF BEGIlqNING of the tract herein described; THENCE N 360 38' 52" E continuing alor~g and with said line for a .distance of g3.23 feet to a concrete monument found for an angle point; THENCE N 36° 39' 01" E continuing along and with said line for a distance of 759.89 feet to a concrete monument found for the northwesterly corner of this tract; THENCE S 53° 26' 43" E for a distance of 711.35 feet to a W' iron rod found for an angle point in this tract; ~ Tt{ENCB S 35° 40' 43" E for a distance of 506.04 feet to a 'A" iron rod found for.an angle point in this tract; THENCE S 39° 34' 58" E for a distance of 191.02 feet to a ~" iron rod found for an angle point in this tract; THENCE point; TI-~NCE point; TFI~ENCE point; S 28° 03' 26" E for a distance of 119.88 feet'to a ,A,, iron rod found for an angle S 03° 25' 51" E for a distance of 145.60 feet to a ¼" iron rod found for an angle S 39° 58' 35" W for a distance of 325.12 feet to a VF' iron rod found for an angle ~ W. WHITELEYA~D ASSOCL~TE~ ZNO. -- -- Legal DescfiI:~iom Tract Itl out of Tract XIV, Parcel E 30.848 acres [save ~nd except 25% interest to the Huntsman Corporation] Burr & Ca~well Sur~e¥, Abstract No. 391 . Jefferson County, Texas TI-IENCE S 27° 36' 57" W for a distance of 204.14 feet to a 60d nail found for an angle point; Tt~NCE S 70© 53' 37" W for a distance of 164.41 feet to a V2" iron rod found for aa angle point; THENC~E lq 46° 32' 00"W for a distance of 1390.36 feet to a 5/8" iron rod set for corner, said comer being in the most westerly east line ora certain 1.492 acre tract known as Part of Save & Except Tract VIII (TCC Plant) Out of Tract XlYq', as described in Film Code No. 102 84 1325 of the O..P.B.J.C., THENCE N 27° 47' 36" E along and with the most westerly east line of the aforementioned 1.492 acre tract for a distance of 98.90 feet to a concrete monument found for the most westerly northeast corner of said 1.492 tract; TI-EENCE N 53° 20' 26" W along and with the most northerly north line of said 1,492 acre tract for a distance of 92.20 feet to a concrete monument found marking the northwest comer of said 1.492 acre tract; THENCE S 35© 51' 13" W along and with the westerly side of said 1.492 acre tract for a distance of 85.05 feet to a ½" iron rod found for comer in the westerly side of said 1.492 acre tract; Tizl]ENCE N 46° 32' 00' W for a distance of 15.29 feet to the ~PI'.ACE OF BEGINNING, containing 30.848 acres of land, more or less. I, Mark W. Whlteley, Registered Professional Land Surveyor No, 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous comers found or reset based on boundary survey performed by Sandwell, dated March 1991 and made by me on the ground and the limits, boundaries and comers &'e truly shown just as I found them at the time of the survey. Surveyed Febraary through June of 1998, This field note description is being submitted along with a plat (Exlfibit "B") based on this survey. MARI~ W. VtH~T~r P. Y A~D ASSOCL4TEs, INC. ~ June 5, 1998 _ Legal Description: Tract IV out of Tract XIV, Parcel F 30.677 acres [save and except 25% interest to the Huntsman Corporation] Burr & Caswell Survey, Abstract No. 391 B.B.B. & C. R.R. Survey, Abstract No. 91 Jefferson County, Texas ~ BEI2~G a 30.677 acre tract of land out of the Burr and Caswell Survey, Abstract No. 391, and the B.B.B. & C. R.R. Survey, Abstract No. 91, Jefferson County, Texa% and out of the Port Arthur Land Company Subdivision, Lots 3, 5, 6, & 7, Blk. 6, Rg. N, Lots 2, 3, 8: 4, Blk. 7, Pg. N, said 30.677 acre tract being a part cfa certain 1784.077 acre tract more fully described in Film Code 102 84 1325 as Tract XIV in Official Public Records of Jefferson County (O.P.R.J.C.). All bearings, distances and coordinates are referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. The there correction at the commencing point is 02° 27' 42' and the scale factor is 0.9999094. COIVI~LENC~G at a concrete monument found at the southeast comer of a 249.228 acre tract more fully described in Film Code 102 54 1357 as Tract VIII of said O.P.RJ.C., same being an ell comer of said 1784.077 acre tract and having T.S.C. coordinates of Y=13,904,093.854 feet and X=3,560,289.997 feet. THENCE Iq' 36© 38' 48" E along and with the westerly llne of said 1784.077 acre tract and the east line of ~aid 249.228 acre tract for a distance of 1295.31 feet to a ?,K nail found for the ]PLACE OF BEGINNING of the following described tract; THENCE N 36° 38' 48" E continuing along and with the westerly line of said 1784.077 acre lmm and the east line of said 249.228 acre tract, at 884.18 feet pass.a concrete monument found marking thc southw~teriy comer of a certain 0.152 acre Star Enterprise Save & Except Out Tract 'W', being out of a Save and Except Tract VIII (TCC Plant) out of Tract XIV, as recorded in Film Code No. 102 84 1325, Page 22, of the O.P.KI.C., and continuing for a total distance of 1198.00 feet to a 5/8" iron rod found in the westerly llne of the aforementioned 0.152 acre "out tract"; TFI~ENCE S 46° 32' 00" E for a distance of 15.29 feet to a IA" iron rod found for corner, said comer being tn thc westerly line of a certain 1.492 acre tract, sad tract being part of Save & Except Tract VIII (TCC Plant) Out of Tract >(IV, as recorded in Film Code No. 102 84 1325, Page 22, of the O.P.RJ.C. TFI~ENCE S 35© 51' 13" W for a distance of 393.88 feet to a concrete monument found for the southeasterly comer of said 0.152 acre "out tract", same being the southwesterly comer of the aforementioned 1.492 acre tract; THENCE S 62© 40' 21" E along and with,the southerly line of the aforementioned 1.492 acre tract for a distance of 253.39 feet to a 5/8 iron rod found for the southeasterly corner of said 1.492 acre tract; AfAR~ W. WHFrELEY ~3~D AS~OCL4T~% INC. ' PAGB 2 Legal Desc,[ip. tion: Tract IV out of Tract XIV, Parcel F 30.577 acres [save and except 25% interest to the Huntsman Corporation] Burr & Caswell Survey, Ab. stract No. 391 B.B.B. & C. P,.tL Survey, Abstract No. 91 Jefferson County, Texas ; THENCE iq 31° 47' 09" E ~ along and with the easterly line of said 1.492 acre tract, for a distance of 190.61 feet found for the most southerly northeast corner of said 1.492 agre tract; TI-IEHCE iq 45° 14' 24" W along the most southerly north line ofsald 1.492 acre tract for a distance of 105.19 feet to a concrete monument mar'king an "ell" comer of said 1.492 acre tract; THENCE N 270 47' 36" E along and with the most xvesterly east line of said 1.492 acre tract for a distance of 54.14 feet to a 5/8" iron rod i/et for corner; THENCE S 46° 32' 00" IS for a distance of 1309.36 to a ¼" iron rod found for a corner of this traot; TI-IENCE S 63° 18' 47" W for a distance of 665.03 feet to a '~" iron rod found at an angle point; 'THENCE S 70° 23' 55" W for a distance of 518.39 feet to a ~" iron rod found at an angle point; TIZENCE Iq 52° 55' 07" W for a distance of 915.50 to the PLACE OF BIgG][NNLNG. containing 30.667 acres of land, more or less. I, Mark W. Whlteley, Registered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous comers found or reset based on boundaD' survey performed by Sandwell, dated March 1991 and made by me on the ground and the limits, botmdarle$ and comera are truly shown just as ~[ found them at the time of the survey. Surveyed February t,~ough June of 1998. This field note description is being submitted along with a plat (Exhibit 'B") based on this survey. . . ~.(AP.K Fl. WFIIT~.r.r,.¥,~i:ND AS.90¢IA2'ES, I]VC, ~ June 5, 1998_ Legal Description: Tract V out of Tract XIV, Parcel G 14,811 acres [Save and except 25% interest to tho Huntsman Corporation] Burr & Caswell Survey, Abstract/',fo. 391 ' ; Jefferson County, Texas '~ Being a 14.811 acre tract of land out of the Burr and Caswell Survey, Abstract No. 391, Jefferson County, Texas and out of the Port Arthur Land Company Subdivision, Lot 8, Blk. 6, Rgl N, and Lot 1, Blk. 7, Rg. N, said 14.811 acre tract being a part cfa certain 1784.077 acre tract more fully described in Film Code 102 84 1325 as Tract XIV in Official Public Records of Jefferson County (O.P.R.J.C.). All bearings, distances and coordinates are referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinaf'ter referred to as T.S,C. The tketa correction at the commencing point is 02° 27' 42" and the scale factor is 0.9999094. COM3IENCIYq'G at a concrete monument found at the southeast corner of a. 249.228 acre tract more fully described in Film Code 102 54 1357 as Tract VIII of said O.P.R..I'.C., same being an ell comer of said 1783.925 acre tract and having T.S.C. coordinates of' Y--13,904,093.854 feet and X=3,560,289.997 feet. THENCE N 36° 38' 48" E along and with a westerly line of said 1784.077 acre tract ~d the east line of said 249.228 acre tract, at 2179.49 feet pass a concrete monument found, and continuing for a total distance of 2576.54 feet to a concrete monument found for an angle point; THENCE N 36° 39' 01" E continuing along and with a westerly line of said 1784.077 acre tract and the east line of said 249.228 acre tract, for a distance of 759.89 feet to the PLACE OF BEGINNING of the tract herein described; TI-IENCE l'{ 13° 11' 14" E for a distance of 198.76 feet to a concrete monument found for and angle point; THENCE N 36° 30' 48" E for a distance of 237.09 feet to aP,l( nail found for comer; TIZIENCE S 52° 38' 07" E for a distance of 903.54 feet to a ¼" iron rod found for an angle point; THENCE S 35° 13' 23" E for a distance of 752.79 feet to a ¥6" iron rod found for an angle point; THENCE S 59° 57' 02" W for a distance of 404.86 feet to a ~A" iron rod found for an angle point; THENCE N 390 34' 58" W for a distance of 191.02 feet to a ¼" iron rod found for an angle point; THENCE 1'4 350 40' 43" W for a distance of 506.04 feet to a V2" iron rod found for an angle point; PAGE 2 Legal Descfj~.tion: Tract V out of Tract X~V, Parcel O -. 14.811 acres [save and except25% interest to the Huntsman Corporation] Burr & Caswell Survey, Abstract Jefferson County,. Texas TIZIBlqCE N 53° 26' 43" W for a distance of 711.35 feet to the PLACE OF BEGINNING, containing 14.81 l acres of[and, 'more or less. I, Mark W. Whiteley, Keglstered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous comers found or reset based on boundary survey performed by Sandwell, dated March 1991 and made by me on the ground and the limits, boundaries and corners are truly shown just as I found them at the time of the survey. Surveyed February through June of 1998. This field note description is be. lng submitted along with a plat (Exhibit "B") based on this survey. EXHIBIT "B" The maps showing the location of the tracts is described in the surveys that were prepared between February and June 1998 by Mark W. Whiteley, i Registered Professional Land Surveyor No. 3636, Job No. 97-902. A tree and correct copy of these surveys are filed in the City Secretary's office.' 30MOTIVA.AGKE -: EXI-BBIT "C" The refinery owned by Motiva Enterprises LLC produces gasoline, fuel oil, jet fuels, middle distillates, lube oil and related products. B 0MOTIVA.AGRE Motiva Enterprises LLC has a refinery, storage tanks, pipelines and related units to produce, store and transport gasoline, fuel oil, jet fuels, middle distillates, lube oil, and related products. 3 0MOTIVA.AG~,,I, EXHIBIT The.land, .refinery, storage tanks, pipelines and related units and personal property are valued in excess of $613,784,799 by the Jefferson County i Appraisal District. 30MOTIVA.AGRE. : EXHIBIT "F" There is no major capital expansion planned on the tracts described in Exhibits "A" and "B". 30MOTIVA.AGRE EXHIBIT "G" Huntsman Corporation and E~hyl Additives Corporation jointly owns a twenty-five percent (25%) interest in the following tracts: Tract I out of Tract XIV, Parcel C (28.850 acres) Tract II out of Tract XIV, Parcel D (66.004 acres) Tract III out of Tract XIV, Parcel E (30.848 acres) Tract IV out of Tract XIV, Parcel F (30.677 acres) Tract V out of Tract XIV, Parcel G (14.811 acres) Motiva Enterprises LLC owns the remaining interests in these tracts as well as the tracts described in Exhibits "A" and "B". 31MOTIVA.AGRE PAGB 2 Legal Dcs6ki~tio~:. Tract ]iii - 44.2161 Acres National Station Ext. B.C. Arthur Survey, Abst~ lq'o. dl B,B,B.&C.R.R., Abst ra~c No. 92 Isaiah Bray Survey, Abstract No. 401 Jefferson County, Texas TI-IE~CE North 60°53'06~ East contiuulng along and with the north line of said 44.1180 acre tract, same being the south right-of-way line of said State Hwy g7 for a. distance of 187,70 feet to a 1/2" iron rod found at an angle comer of said 44.1180 acre tract, same being in file south right-of-way line of said State Hwy 87; THENCE North 66°07'53" East continuing along and with the north line of said 44. ! I gO acre tract, same being the south fight-of-way line of said State EIwy 87 for a distance of 310.08 feet to a concrete monument with disk found at an angle comer of said 44.1180 acre tract, same being in the north line of said State Hwy 87; TI-~NCJ~ North 73°40'17'' East continuing along and with the north line of said 44.1180 acre tract, same being the south line of said State Hwy 87 for a distance of 757.70 feet to a 5/8" iron'rod found at an angie corner of said 44.1180 acre tract, same being in the ~outh line of said State Hw~ 87; Tf-IENCE NorQ~ 50'29'35" East continuing along and withthe north line of said 44.1180 acre tract, same being the south right-of~way line of said State l:lwy 87 for a distance of 64.66 feet to a 5/8" iron rod found at an angle comer of said 44.1180 acre tract, same being in the south right-of-way line of said State I-Iwy 87 and being the beginning ofa curve to the lefrl TIZI~NCE in an easterly dixeation continuing along and with the north line of said 44.1180 acre tract, same being the south right-of-way line of said State Hwy 87 and curve to the left having a central angle of 20°58'12", a radius of 1005.35 feet, a long chord that bears North 60°43'0~" East 365.90 feet, an arc distance of 367.95 feet to a concrete monument with disk found at the northeast comer of said 44. I 180 acre tract, same being the intersection of the south right-of-way-line of said State Hwy 87 and the west right-of-way itne of Terminal Itoad (60 feet in width); ,, . M_,kn, KW. WHITELETAgvD AS$OCL42~.~ INC. PAGE2 Legal De~cdpfiou: Tract ra - 44.21~1 Acres National Station'Ext. B.C. Axthur Survey, Abstract No. 61 B.B.B.&C.I~R., Abstract No. 92 Isaiah Bray Survey, Abstract No. 401 Jefferson County, Texas THENCE South 06°45'55'' East along and with thc east line of said 44.1180 acre tract, same being the west right-of-way linc of said Terminal Road for a distance of 2195.24 feet to a 5/8" iron rod set at the southeast comer of ~aid 44.1180 acre tract, same being thc intersection of west line of said Terminal Road and the northeast right-of-way line of said State Hwy 82; ~CE North 53°17'14'' West along and with the southwest llne of said 44.1180 acre tract,: same being the northeast line of said State Ilwy 82 acre tract a distance of 2339.26 feet to the PLACE O~F BEGI!qlTiNG, containing 44.2161 aerosol land, more or less. Surveyed February thu 3runc, I998 by Mark W. Whiteley, Registered Professional Land Surveyor No. 3636. This field note description is being submitted along with a plat (Exhibk "B") based on this survey. MarkW. Whiteley, RPLS lqo. 3.636 June 5, 19~.8.. Legal Description: Part of Tract Vi, Parcel A Pipeline Film Code Ho. 10244-1325 Page No. 12 BEI3IG a 14.386 acre tract of land out o£the W. Kyle Survey, Abstract 412, Jefferson County, Texas and being a part of the following deeds: Volume 151, Page 131, Volume 171, Page 342, and 'Volume 257, Page 423 of the Yefferson County Deed Records. Said 14.386 acre tract also being shown as Tract 1 on the Texaco Inc., Map lq. 15-655 and more particolar[y described below with all bearings, distance% and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. All acreages shown are grid. Thc theta correction at the PLA. CE OF BEG]2qNING of said tract is 2° 28' 24" and the scale factor is 0.9999169. BEGINNENG at a concrete monument found in the South line of 9th Avenue 120 foot fight-c~f- way. Said monument having T.S.C. coordinates ofy = 13920063.823 feet and x = 3567166.842 feet. TI:I'ENCE S 53° 21' 53" E along and with the South line of said 9th Avenue a distance of 309.52 feet to a Texaco monument found. 'I'ffF,,NCE S 0° 31' 04" W a distance nf22.94.87 feet to a concrete monument found in the North line of State Highway No. 73 right-of-way. Ttt~NCE S 460 3 7' 3 W along and vath the North line of said State Highway No. 73, at 111.01 feet pass a 1 1/4 "bolt found, at 333.07 feet pass a concrete monument found and continue on a total distance of 346.94 feet to a point for comer. Tm*,NCE N 0° 31' 04" E a distance of,2717.83 feet to the PLACE OF BF_,GI~NNING, containing 14.386 acres of land. I, Mark W. Whiteley, F, egistered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous comers found or reset based on boundary survey performed by Slmdwell dated March 1991 and made by me on the ground and the limits, boundaries and corners are truly shown just ~s I found them at the time of survey. Surveyed February thru June, 1998. This field note description is being submitted along with a plat (Exhibit "B"-) based oa this survey. rk W. ~ w. WH~T£L~r~¢ACC~So ~NC. · Legal Dcscdpdon: Part of Trac~ Vd[, P~rceI B Pipeline ; Film Code No. 102-84-1325 Page No. 12 BEING a 7.256 acm tract of land out of the B. B. B. & C. iLK. Survey, Abstract 79, and thc W. I<ylc Survey, Abstract 412, 3'eff'crson County, Texas. Said 7.255 acre tract beLng a part of thc following deeds: Volume 151, Page 131, Volume 171, Page 342, and Volume 257, Page 423 of the .Tcffcrson County Deed Records. Said 7.256 acre traot also being shov,~ as Tract [ and 3 on the Texaco Inc. Map 15-655 and being more particularly dcscdbcd below with all bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projcction, NAD 83, hereinafter referrcd to as T.S.C. AI{ acreages shown arc grid. Thc thcta correction at the PLACE OF BEGINNING of said tract is 20 28' 25" and the scale factor is 0. 9999177. BEG1NN3[NG at a concrete monument found in the West line of the G.S.U. Line No. 554 (150 foot right-of-way). Said monument having T.S.C. Coordinates ofy -- 13921506.255 feet and x 3567180.080 feet. T~ENCE S 45o 32' 09" E alo~g and with the Wcst line of said Line No. 554 a distance of '347.18 feet to a concrete monument found. Tlfl[ENCE S 0° 31' 07" W a distancc of 1235.39 feet to a concrete monument found in the North line ofgth Avenue 120 foot right,of-way. Tll'ENCE N 53° 20' 59" W along and with the North linc of said 9th Avenue at 98.89 feet pass an 1 ¼' bolt found and continue on a total distance of 309.39 feet to a TexaCo monument found. TIq-ENCE iq 0° 30' 54" E a distance of 129.389 feet to the PLACE OF BEGINNING, containing 7.256 acres of land. : I, Mark W. Wlfitelcy, Registered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset based on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and corners are truly shown just as I found them at the time of survey. Surveyed February thru June, 1998. This field note description is being subrrfitted along with a plat (Exh/bit "B") based on tiffs survey. Mark W. W:~WO R.D~"TA~.~ 7~ 0g-J.D 0C I, L42U~ W. WHITELEY AND ASSOCDLTES, INC. !998 .. Legal Description: Part of Tract VI, Parcel C Pipeline Film Code No. 102-84-1325 Page No. 12 BEjING a 10.946 acre tract of land out of the B.B.B. & C. R.R. Survey, Abstract 79, Jefferson County, Texas. Said 10.946 acre tract being a part of the following deeds: Volume 14l, Page 342, Volume 151, Page 131, and Volume 257, Page 423 of the Jefferson County Deed Records. Said 10.946 acre tract also being shown as. Tract IA on the Texaco Inc. Map 15-655 and more particularly described below with all bearings, distances, and coordinates referenced to the Tex~ Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. Ail acreages shown are grid. The theta correction at the PLACE OF BEGIkNNLNG of said tract is 2~ 28' 26" and the scale factor is 0.9999176. BEGJIArNING at a Texaco monument found (disturbed) in the North line of the G.S.U. Line No. 554 (150 foot right-of-way). Said monument hav~ng T. S. C. coordinates ofy = 13921471.243 feet and x -- 3567z~29.888 feet. TIq-V. NCE N 45° 33' 47" "' -' w a~ong and with the i'qorth llne of said Line No. 554 a distance of 208.29 feet to a Texaco monument found. TIq'ENCE N 0° 31' 26" E a distance of 2801.21 feet to a concrete monument found in the South line of Lot 6, Block 9, Range G of the Port Arthur Land Company Subdivision. Said subdivision being more particularly described in Volume 1, Page 22 of the Jefferson County Plat Records. TI:I'E. NCE N 36o 36' 35 ..... ,'. mong and with the South line of said Lot 6 a distance of 53.77 feet to a concrete monument found at the South comer ora 0.602 acre tract more particularly described in Volume 2305, Page 379 of said Jefferso.n County Deed Records. TIq'ENCE N 45° 26' 53" W along and with the Southwest line ofsald 0. 602 acre tract a distance of 135.01 feet to a Texaco monument found at the We. st corner of said 0.602 acre tract. TItENCE N 07° 32' 45" W along and with the West line of said 0.602 acre tract a distance of 228.88 feet to a Texaco monument found at the North comer of said 0.602 acre tract and at the South comer of a 0.953 acre tract of land more particularly described in Volume 2305, Phge 382 of said Jefferson County Deed Records. Said monument also being in the West llne of Tract 2A as shown on said Texaco Map No. 15-655. PA(~B 2 Legal Description: Paxt of Tract VI, Parbc! C Pipeline Film Code No. 102-84-1325 Page No. 12 TR-E, NCE lq 49° 48' 48" 15 along and with the Southeast line of said 0. 953 acre tract a distance of 40,07 feet to a Texaco monument found at the East corner of said 0.953 acre tact and being in the East Ii.ne of said Tract 2A and in the %,Vest line of the Kansas City Southern 100 foot right-of- way. Tg¥.NCE S 40° 12' 21" E along and with the]East line of said Tract 2A and the West line of said Kansas City Southern 100 foot right-of-way a distance of 102.93 feet to a point for corner at the Southeast comer of a 2.13 acre tract more partkulafly described.in Volume 177, Page 59 of said Jefferson County Deed Records. TFm, NC15 S 0° 31' 26" W along and with the South line of said 2.13 acre tract a distance of 61.47 feet to a concrete monument found in the East line of said 0,602 acre tract. T]ffENCE S 40° 1 I' 24" E along and with the East line of said 0. 602 acre tract a distance of 151.59 feet to a 5/8" rebar found in the South line of said Lot 6. THENC15 lq 36° 36' 35" E along and with the South line of said Lot 6 a distance of 41.24 feet :o a Texaco monument found in the West line of said Kansas City Southern 100 foot right-of-way. TB?,_ ,NCE S 40° 08' 45" E along and with the West fight-of-way of said Kansas City Southern 100 foot right-of-way a distance of 41.11 feet to a Texaco monument found. Tn-E, NCE S 0° 3 I' 20" W a distance of 3083.49 feet to the PLACE OF BEGINNING, containing 10,946 acres of land. I, Mark W. Whiteley, P, egistered Professional Lan~ Surveyor lqo. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset based on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and cra'nets are truly shown just as I found them at the time of survey. Surveyed February thru June, 1998. This field note description is being submitted along with a plat (Exhibit "B") based on this survey. ~ w.~w o k~x~r~k~ ,W~,.hi4' tr~e l e Y, P'-PLS N° June 5, 199B .... Legal Description: Part of Tract VI, Parcel D Pipeline . Film Code No. 102-84-1325 t Page No. 12 BEING a 1.067 acre tract of land out of the B.B.B. 8: C. R.K. Survey, Abstract 80 and the B.B.B. & C. P,.P,. Survey, Abstract 79, Jefferson County, Texas. Said 1.067 acre tract also being a part of a 2.13 acre tract of land described in Volume 177, Page 59 of the Jefferson County Deed Kecords and shown as Tract 2 on the Texaco Inc. Map 15-655. Said 1.067 acre tract being more particularly described below with all bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinalSec referred to as T.S.C. All acreages shown are grid. The theta correction at the PLACE OF BEGINNING of said tract is 2° 25' 18" and the scale factor is 0.~999202. BEGINN'I2"[G at a concrete monument found in the South line of the Thomas F. McKin'ney League, Abstract 41, Jefferson County, Texas and being ~tt the Northeast comer of said 2.13 acre tract. Said monument having T. S.C. coordinat~ cry ~ 13926499.598 feet and x ~- 3565814.928 feet. TItENCE S 40o 09' 57" E along and with the East line of said 2.13 acre tract and the West line of tho Kansas City Southern l~.ailroad 100 foot right-of-way a distance of 1129.13 feet to a Texaco monument found in the North right-of-way line of the 40 £ee~ wide Stine Koad. THENCE S 36° 27' 29" W along and with the North right-of-way tine of said Stine Road a distance of 41.12 feet to a Texaco monument found in the West line of said 2.13 acre tract. TE[ENCE N 40° 1l' 24" W along and with the West line of said 2.13 acre tract a distartoe of 1180.68 feet to a 5/8" iron rod set in the South line of said Thomas F. McKinney League, and the North line of said Abstract $0 and being at the Northwest corner of said 2.13 acre tract. THENCE S 84° 06' 13" E along and with the South line of said Thomas F. McKinney League and the North line of said 2.13 acre la-act and .said Abstract $0 a distance of 58.37 feet to the ~PLACE OF BEGINNING, containing 1.067 acres of land. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset based on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limits, boundaries and comers are truly shown just as I found them at the time of survey. Surveyed February thru June, 199.8. This field note description is being submitted along with a plat (Exhibit "B') based on this survey~~.~~ ~ June 5, 1998 ' - Legal Description: Part of Tract VI, Parcel E Pipeline Film Code Ho. 102-84-1325 Page 'No. 12 BE, liNG an 8.489 acre tract of land out of the Thomas F. McKinney League, Abstract 41, Jefferson County, Texas and shown on the Texaco, Inc. Map Ho. 15-655 as a part of Tracts 4 and 4A. Said 8.489 acre tract being more particularly described below with all bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, NAD 83, hereinafter referred to as T.S.C. All acreages shown are grid. The theta correction at the PLACE OF BEG]2~NING of s.aid tract is 2° 28' 33" and the scale factor is 0.9999232. BEG~XrNI~NG at a 1" iron rod found in the East line of a North-South Kansas City Southe~ Railroad 50 foot right-of-way having T.S.C. coordinates o£ y = 13932399.100 feet and x ~ 3568140.445 feet. Said iron rod also being located at the Southwest comer of a Texaco Inc. tract that is part cfa 319 acre tract more particularly described in Volume 158, Page 546 of the Jefferson County Deed Kecords. Said Texaco Inc. tract also being shown as Tract No. 9 on the Texaco Inc. Map No. 15-655. TNENCE S 84° 3 I' 44" E along and with the South line of said Texaco Inc. tract a distance of 82.97 feet to a concrete monument found at the Northwest corner of a Texaco Chemical Company tract more particularly described in Volume 1150, Page 619 of said Jefferson County Deed Records. TItENCE S 05° 52' 25" W along and with the West line of said Texaco Chemioa[. Company tract at 5678.27 feet cross the North llne of State Highway No. 347 and continue on a total distance of 5992.64 feet to a 5/8" rebar found at the Southwest corner of Tract "A" as described in Volume 1150, Page 624 of said Jefferson County Deed Records. THENCE N 53° 21' 30" W a distance of 58.19 feet to a 5/8" rebar set in the East tine ora 2.92 acre tract more particularly described in Volume 263, Page 516 as a 33 feet wide strip. T.[:[.ENCE N 050 52' 25" E along and with the East line of sald 2.92 acre tract at 314.37 feet cross the North line of State Highway No. 347 and continue on a total distance of 3802.00 feet to a 5/8" rebar found at the Northeast comer of said 2.92 acre tract. wHENCE N 53 o 23' 18" W along and with the North llne of said 2.92 acre tract a distance of 38.37 feet to a 5/8" r'ebar found at the Northwest comer of said 2.92 acre tract and in the East line of said North-South Kansas City Southern Kailroad 50 foot right-of-way. MARK Vi, WHITRr.~Y,4ND A~SOOZAT~S~ INC, ,. · ' PAGI~ 2 Legal Descriptlo~: Part o£Tract VI, Parcel E "Pipeline Film CodeNo: 102-$4-1325 Page No. 12 'I.'I:L.~/q'CF., lq' 050 52' 26" E along and with the East line of said North-South Kansas City Southern l~.ailroad 50 foot right-of-way a distance of 2140.70 feet to the pLACE OF ~IEC-INNING-, containing 8.489 acres of land. I, Mark W. Whiteley, Registered Professlonal Land Surveyor No. 3636 in the State of Texas, do hereby certify that the above field note description correctly reflects previous corners found or reset b~sed on boundary survey performed by Sandwell dated March 1991 and made by me on the ground and the limit*, boundaries and corners are truly shown just as I found them at the time of survey.. Surveyed Febrdary thru June, 1998. This field note description is being submitted along with a plat (Exhibit "B") based on Mal~k W. Whiteley · ,, MARI~W. WHFI~.r.~YANDA~SOCIATES, INC.. -~ June 5, 1998 Legal Dcsoriptlom Part of Tract VII, Parcel A Film CodcNo. 102-84-1325 Page lqo. 15 BEING a 18.233 acre tract of land out of the Joseph Butler League, Abstract.9, and the W. Kyle Survey, Abstract 412, Jefferson County, Texas. Said 18.233 acre tract being a part of a 787.30 acre tract more particularly described in Volume 151, Page 186, of the Jefferson County Deed Records. Said 18.233 acre tract also being shown as Tract No. 1 on the Texaco Inc., Map lq. 15~49C and more particularly described below with all bearings, distances, and coordinates referenced to the Texas Plane Coordinate System, South Central Zone, Lambert Projection, MAD 83, hereinafter referred to as T.S.C. All acreages shown ar~ grid. The theta correction at the PLACE OF BEGINNING of said tract is 2° 28' 25" and the scale factor [s 0.9999155. BEGINNING at a concrete monument found in the South line of State Highway No. 73 and at the Northeast comer of the tract herein described. Said monument having T.S.C. coordinates of y =.13917077.926 feet and x -- 3567389.820. THENCE S 0° 33' 06" W a distance of 395.69 feet to a concrete monument found in the North line of Lot 8, Block 7, Range J and in the South line of Lot 5, Block 7, Range I of the Port Arthur Land Company Subdlvlslon. Said Subdivision being more particularly described in Volume 1, Page 22 of the Jefferson County Plat Records. THENCE S 530 20' 03" E along and with said lot lines a distance of 154.74 feet to a 5/8" rebar found at the Northwest comer ora tract of land more particularly described as Tract 1-F in Volume 600, Page 512 of said iIefferson County Deed Records. THENCE S 0° 29' 13" W along and with the West line of said Tract 1-F a distance of 1629.25 feet to 1/2 "rebar in a 4" casing found in the Noah line of the Memorial Boulevard right-of- way ~ THENCE lq 49° 48' 37" W along and with the'North line of said Memorial Boulevard a distance of 497.42 feet to 5/8" rebar found in the East line of the State Highway No. 73 right-of- way. THENCE N 10° I 1' 23" W along and with the East line of said State Highway No. 73 right-of- way a distance 0f658.39 feet to a point. , MARX~Y, WHIT~.~z'ANDAS$OCL~TE~ZNC. . _ _ --