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HomeMy WebLinkAboutRES 15-258RESOLUTION NO. 15-258 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Manager be and he is hereby authorized to execute an Industrial District Agreement with OCI Beaumont, LLC. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of § 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "City," and OCI Beaumont, LLC, a Texas Limited Liability Corporation, hereinafter called "Company." PREAMBLE WHEREAS, City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of City, such industrial district being known as City of Beaumont Industrial District (the "District"). WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or leases land and improvements which are part of the manufacturing and industrial facilities of Company and/or its Affiliates located within District, such land and improvements being more particularly described in Exhibit "A" attached hereto (the "Property"). WHEREAS, Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate Page 1 EXHIBIT "A" with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. WHEREAS, Company and City desire to base the industrial district payment on assessed value to ensure equity among the companies. WHEREAS, City desires to encourage the addition of new improvements to the Company's property located within the City of Beaumont Industrial District, In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I COMPANY'S OBLIGATION 1. Company has committed to constructing additional improvements to existing facilities, including increased capacity to produce methanol and ammonia as well as a new flaring system, and equipment to curb emissions, energy consumption and waste water. This project is related to the construction of a new methanol plant by Natgasoline LLC, the sister company of OCI Beaumont LLC. Such new construction and improvements will be abated at 100% through 2024. 2. The abatement does not include the value of the existing property described in Exhibit "A." The Company shall be responsible for the payment of ad valorem taxes based upon the existing value of the property and improvements currently existing in Exhibit "A" as determined by the Jefferson County Appraisal District. The Company shall notify City in writing at least thirty (30) days prior to the date construction is scheduled to commence. Page 2 2. Company will make an annual payment to City on or before February 1St of each such year computed based on 100% of the Assessed Value of the Company's facilities and property, real, personal, and mixed, located on Company's land covered by this Agreement (herein "the property") as provided herein (the "Annual Payment") . Upon expiration of the abatement period, the Annual Payment shall include all property covered by this Agreement. 3. "Assessed Value" means the 100% valuation of existing company property as determined by the Jefferson County Appraisal District for the previous tax year. 4. "Assumed City Taxes Due" means the number obtained by the following formula: Assessed Value Less Improvement Value Subject to Abatement / 100 x Current City Tax Rate = Assumed City Tax Due 5. If the assessed values are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. Page 3 6. (a) As to the property that was the subject of and described in the agreement between City and Pandora Methanol dated December 15, 2011, incorporated herein as Exhibit A, payments shall be.- For e: For years 2016 through 2019, the payment shall equal 80% of the Assumed City Taxes Due. For years 2020 through 2024, the payment shall equal 75% of the Assumed City Taxes Due. (b) As to those improvements described in Paragraph 1, above, the company will receive a 100% abatement of all Assumed City Taxes Due for years 2016- PAIN11 City shall bill Company for payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to City had Company been in the city limits of City will be recaptured and paid to City within 60 days of any such event. Page 4 ARTICLE II PROPERTY COVERED BY AGREEMENT This Agreement will reflect the intention of the parties hereto that this Agreement shall govern and affect the properties of Company and/or its Affiliates (facilities, real, personal, and mixed) located on the Property more particularly described in Exhibit "A", which are within the extra -territorial jurisdiction of the City of Beaumont. "Affiliates" shall mean any entity owned entirely or in part by Company. ARTICLE III SALE BY COMPANY (a) Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. (b) Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its Page 5 obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with state law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation becomes final with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City Page 6 shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all costs of such action being borne equally by the City and by the said Company or companies with Company's portion allocated on the basis of Assessed Values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. r.'j-ydr i■=AVA TERMINATION FOR BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the age 7 parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI AFFII IATFS The benefits accruing to Company under this Agreement shall also extend to Company's "parent," "affiliates" and to any properties owned or acquired by said parent and affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its parent and/or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. The word "parent" as used herein shall mean all companies which directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over Page 8 fifty percent (50%) of the stock having the right to vote for the election of directors of Company. 2024. ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for nine (9) years, expiring December 31, NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by certified mail addressed as follows: City of Beaumont Attn: City Manager 801 Main Street Beaumont, Texas 77704 Page 9 TO COMPANY OCI Beaumont LLC Attn: President/CEO PO Box 1647 Nederland, Texas 77627 IN WITNESS THEREOF, this Agreement, consisting of nine pages plus Exhibit "A" is executed in duplicate counterparts as of this day of 12015. ATTEST: Tina Broussard City Clerk Is ATTEST: Page 10 CITY OF BEAUMONT, TEXAS Kyle Hayes City Manager OCI BEAUMONT, LLC Frank Bakker President/CEO sa STATE OF TEXAS § 1N THE COMMISSIONERS COURT COUNTY OF JEFFERSON § OF JEFFERSON COUNTY, TEXAS AN ORDER OF THE COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS DESIGNATING A REINVESTMENT ZONE PURSUANT TO SEC 312.409 OF THE TAX CODE (THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT) BE IT REMEMBERED at a meeting of Commissioners Court of Jefferson County, Texas, held on the day of �G'cem��°2 , 2013 on motion made by_ Eddie &LN6 46 , Commissioner of Precinct No .,.- , and seconded by 5,tmet w&y--:e , Commissioner of Precinct No R , the following Order was adopted WHEREAS, the Commissioners Court of Jefferson County, Texas desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in the county and to provide employment to residents of the area; and, WHEREAS, the Commissioners Court did, by Order of this Court on August 15, 201' 1, creat( the Pandora Methanol LLC Reinvestment Zone; and WHEREAS, OCI N.V. did acquire the controlling interest in Pandora Methanol, LLC renamin OCI-Beaumont and now wishes to invest in considerable expansion of its methanol and ammonia units within the Pandora Methanol Reinvestment Zone; and WHEREAS, the Commissioners Court did, by Order of this Court on December 2, 2013, create the OCI-Firewater Reinvestment Zone, which is adjoins the Pandora Methanol LLC Reinvestment Zone; and WHEREAS, to accommodate new investment by OCI in Jefferson County, it is in the best interest of the County to merge and designate the OCI-Firewater and Pandora Methanol LLC Reinvestment Zones property within the Beaumont, TX ETJ, as a unified reinvestment zone, pursuant to Sec. 312. 401; Tax Code (The Property Redevelopment and Tax Abatement Act) IT 1S THEREFORE ORDERED BY THE COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS Section 1. That the Commissioners Court hereby orders that the property previously designated as OCI-Firewater Reinvestment Zone and the Pandora Methanol LLC Reinvestment Zone be merged. to become the OCI Reinvestment Zone at 5470 N, Twin City Highway, Nederland, Jefferson County, TX 77627 (mailing purposes only), further described in the legal description attached hereto as Exhibit "A", and made apart hereof for all purposes, as a Reinvestment Zone (the "Zone") Section 2 That the Commissioners Court finds that the Zone area meets the qualifications of the Texas Redevelopment and Tax Abatement Act (hereinafter referred to as the "Act".) ss Section 3. That the Commissioners Court has heretofore adopted Guidelines and Criteria for Granting Tax Abatements in Reinvestment Zones in Jefferson County, Texas. Section 4 That the Commissioners Court held a public hearing to consider this Order on the 2nd day of December, 2013. Section 6. The Commissioners Court finds that such improvements are feasible and will benefit the Zone after the expiration of the agreement Section 6. The Commissioners Court finds that creation of the Zone is likely to contribute to the retention or expansion of primary employment in the area and/or would contribute to attract major investments that would be a benefit to the property and that would contribute to the economic development of the community Section 7. That this Order shall take effect from and after its passage as the law in such cases provides. Signed this ��> day of2013. �;gs10 NERS44 U coG� �_�.. -� 4111�11eaU COMMISSIO ER EDDIE ARNOLD Precinct No. 1 COMMISSIONER BRENT A. WEAVER Precinct No. 2 C M ISS ONER MICHA INEGAL Precinct No. 3 /nJ-(A Ig COMMISSIfol Precinct No 4 D. ALFRED 100 TRACT I (Fee Simple) BEING a 4.6344 acro tract or parcel of land situated in the Phelain Humphry .L,oague, Abstract No. 32, Jefferson County, Texas and being the remainder of Lots 8, 9, & 10 of the Resubdivision of the Daniol Lewis Land in the Pheiam Humphry League as recorded in Volume 1, Page 44, Map Records, Jefferson County, Texas and also being at[ of that certain called 4,6453 acre tract of land, Identified as Tract One, as described in a "Special Warranty Deed" from Edward P. deZevallos and Robert Price, Jr. to Jefferson Triangle Marine, L.P. as recorded In Clerk's Nile No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 4.6344 acre tract, identified as TRACT ONE, as described in a "Specia]. Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said 4.6344 acre tract being more particularly described as follows; NOTX All bem,ings are based on the Northeasterly line of that certain called 4.6453 acre tract, ldentuied as Tract One, as described in a "Special Warranty Deed"fivtn I,chvard P. deZevallos mrd Roben Price, Jr. to Jefferson Rimigle Marlin, L.P, as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 44°20'08" NASI; BEGINNING at a 518" iron rod found for the most Northerly corner of the tract hercin described, said corner also being the intersection of the Northerly line of the said Lot 8 and the Westerly right-of-way line of the Kansas City Southern Railroad (based on a width of 100 feet); THENCE SOUTH 44020'08" BAST, along and with the Westerly right-of-way line of the Kansas City Southern Railroad, for a distance of 714.22 feet to a 518" iron rod found for corner, said corner being the most Northerly corner of that certain called 4.960 acre tract of land, identified as Tract Two, as described in a "Speeial Warranty Deed" from Bo -Mac Contractors, Ltd. to Camillo J. Landry, Mitchell P. Landry and Regina M. Landry d/b/a Deep South Crane & Rigging Co. as recorded in Clerk's bile No. 2003031413, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 45024'51" WEST, for the boundary between the tract heroin described and the said 4.960 acre Deep South Crane & Rigging Co. tract, for a distance of 432.78 feet to a 1/2" iron rod found for corner, said corner being the most Westerly corner of the said 4,960 acre Deep South Crane & Rigging Co. tract, the most Northerly corner of that certain called 0.846 acre tract of land, identified as Tract One, as described in a "Special Warranty Deed" from Bo -Mac Contractors, Ltd, io Camillo J. Landry, Mitchell P. Landry and Regina M. Landry d/b/a Deep South Crane & Rigging Co. as recorded in Clerk's File -No. 2003031413, Official Public Records of Real Property, Jefferson County, Texas and also being the most Easterly corner of drat certain called 0.2153 acre tract of land as described in a "Warranty Deed" from MKC Energy Investments, Inc. to Camille J. Landry, Mitchell P. Landry and Regina M. Landry d/b/a Deep South Crane & Rigging Co, as recorded In Ciork's rile No. 20040035963 Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 47055'06" WEST, for the boundary between the tract herein described and the said 0.2153 acre Deep South Crane & Rigging Co. tract, for a distance of 114.58 feet to a 5/8" iron rod found for corner, said corner being in the Northeasterly right-of-way cine of State Highway No. 347, and said corner also being the beginning of a curve to the right having a radius of 410.58 feet and being subtended by a chord bearing NORTH 37°01'37" RAST with a chord length of 120,77 feet; TIIENCE NORTHEASTERLY, along and with the Northeasterly right-of-way line of State I4ighway No. 347 and along and with said curve, for an arc length of 121.21 feet to a Texas Department of Transportation concrete monument (broken) found for corner; CoromR:aent rorTilie I"suwtKa (Po"n 7=7) 101 THENCE NORTH 46°02'51" EAST, continuing along and with the Northeasterly right-of-way line of State Highway No. 347, for a distance of 58.28 feet to a Texas Department of Transportation concrete monument found for cornea; THENCE NORTH 3801 i'29" WEST, continuing along and with the Northeasterly right-of-way line of State Highway No. 347, for a distance of 247.57 feet to a Texas Department of Transportation concrete monument found for corner;. THENCE SOUTH 46033'32" WEST, continuing along and with the Northeasterly right-of-way line of State Highway No. 347, for a distance of 30.50 feet to a Texas Department of Transportation concrete monument found for corner, THENCE NORTH 38017'20" WEST, continuing along and with the Northeasterly right-of-way line of State Highway No. 347, for a distance of 339.48 feet to a 518" iron rod found for corner, said corner being in the common line between the said Lot 8 and Lot I of the said Resubdivision of the Daniel Lewis Land; THENCE NORTH 45°43'05" EAST, for the boundary between the said Lots 1 and 8, for a distance of 230.50 feet to the POINT OF BEGINNING and containing 4.6344 ACRES, more or less. TRACT II free Sinmle BEING a 21,1268 acre tract or parcel of land situated In the Phelam Humphry League, Abstract No. 32, Jefferson County, Texas and being out of and part of that certain called 62.71 acre tract of land as described in a "Warranty Deed" by J.T. Shelby to Texas Gulf Sulphur Company as recorded in Volume 812, Page 470, Deed Record, Jefferson County, Texas and also being all of that certain called 21.1253 acre tract, identified as Tract Two, as described in a "Special Warranty Deed" from Edward P. deZevallos and Robert Price, Jr. to Jefferson 'Triangle Marine, L.11, as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, and being all of that certain r;aHcd 21.1268 acre tract, identified as TRACT TWO, as described In a "Special Warranty Deed" from Jefferson Triangle Marine, L.P, to TX ENERGY, LLC as recorded in Clerk's Pile No. 2007047460, Official Public Records of Real Property, Jefielson County, Texas, said 21.1268 acre tract being more particularly described as follows - NOM: X111 bearings are based on the Northeasterly lute of that certain called 4.6453 acre tract, Identified as ftct One, as described in a "Special Na» anly Deed"from Edouard P, deZevallos and Robert Price, Jr. to Jefferson D -tangle Marine, L.P. as recorded In Clerk's File No. 98-9821354, Official Public Records of Real Properly, Jeffierson Corttrty, Texas as SOUTH 44°20'08" EAST, BEGINNIKO at a 5/8" iron rod found for the most Easterly corner of the tract herein described, said corner also being the most Northerly corner of that certain called 20.0281 acre tract of land as described In a "Special Warranty Deed" from Phillip A. Roebuck Family Partnership, LTD. to TX ENERGY, LLC as reeordecl in Clerk's Fite No. 2008003576, Official Public Records of Real Property, Jefferson County, Texas and said corner also being In the Westerly right-of-way line of the Kansas City Southern Railroad (based on a.vidth of 100 feet); THENCE SOUTH 47005'45" WEST, for the boundary between the tract herein described and the said 20,0281 acre TX ENERGY, LLC tiact, for a distance of 1203.93 feet to a 1/2" iron trod found for corner, said cot -tier being in the Northeasterly right-of-way line of State Highway No, 347 and being the most Westerly corner of the, said 20.0281 acre TX ENERGY, LLC tract and said corner also being the beginning of a curve to tho right having a radius of 3685.83 feel and being subtended by a chord bearing Commilmcal for Title lnwrance(Form T-7) 102 NORTH 35°50'30" WEST with a chord length of 621.42 feet; THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way lune of State Highway No. 347 and along and with said curve, for an are length of 622.16 feet to a Texas Department of Transportation concrete monument found for corner, said corner also being the beginning of a curve to right having a radius of 1910.08 feet and being subtended by a chord bearing NORTH 29042'58" WEST with aehord length of 81,50 feet; THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way line of State Highway No. 347 and along and with said curve with a curve, for an are length of 81.51 feet to a 1/2" iron rod founts for corner, said corner being in the Southeasterly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE NORTH 4703734" BAST, along and with the Southeasterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 583.89 feet to a 5/8" iron rod found for corner; THENCE NORTH 02027'15" EAST, continuing along and with the Southeasterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 532,70 feet to a 518" iron roti found for corner; THENCE NORTH 4709'58" LAST, continuing along and with the Southeasterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 119.76 feet to a 5/8" iron rod found for corner, said corner also being in the Westerly right-of-way line of the said Kansas City Southern Railroad; THENCE SOUTH 44°19'05" BAST, along and with the Westerly right-of-way lino of the Kansas City Southern Railroad, for a distance of 1065,14 feet to the POINT Or BEGINNING and containing 21.1268 ACRES, more or less. TRACT HL Pareel A ()Gl'ee Sixm)16 BEING a 5.8766 acre tract or parcel of land situated in the Plielam Humphry League, Abstract No. 32, Jefferson County, Texas and being out of and a part of that certain 300 foot strip as described In Warranty Deed from J.T. Shelby to Texas Gulf Sulphur Company; recorded hi Volume 1454 Page 630, Deed Records, Jefferson County, Texas, and also being all of that certain called 5.8735 acre tract of land, identified as Tract Three -A, as described in a "Special Warranty Deed" from Edward P, deZovallos and Robert Price, Jr. to Jefferson Triangle Marine, L.P. as recorded in Clerk's rile No. 98.9821354, Official Public Records of Real Property, Jefferson County., Texas, and being all of that certain called 5,8766 acre tract, identified as TRACT THREE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX -ENERGY, LLC as recorded in Clerk`s File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said 5.8766 acre tract being more particularly described as follows: NOTE. All bearings are based on the Northeasterly line of that certain called 4.6453 acre tract, identified as D -act One, as described in a "Special Warranty Deed"front Ed)vard P. deZevallos and Robert Price, Jr, to Jefferson Triangle Marine, L.P. as recorded in Clerk's file No. 98-9821354, Official Public .Records of Real Property, Jefferson: County, Texas as SOUTH44°20'08 "FAST. All set 5/8" iron rods set with a cap stamped W. W Whiteley & Associates ". Cornmilmoni ibr Tille Em ufrwo (roan T-7) 103 BEGINNING at a "T" rall found for the most Northerly corner of Vie tract herein described, said corner also behig the Intersection of the Northwest boundary line of the Phelam Humphry League, A-32, Jefferson County, Texas, as said line was established by an agreed judgment in Cause No. 1219 and the Northeasterly corner of said 300 foot strip and said corner also being the most Westerly corner of that certain called 3.1638 acts; tract, identified as TRACT FIVE A, as described in a "Special Warranty Deed" front Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk`s File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 44020`52" EAST, along and with the Northeasterly line of the said 300 foot strip and for the boundary between the d-aot herein described and the said 3.1638 acre TX ENERGY, LLC tract, for a distance of 44490 feet to a 5/8" iron rod found for corner, said corner being the most Southerly corner of the said 3.1638 acre TX ENERGY, LLC tract and in the Westerly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE SOUTH 0431'42" LAST, along and with the Westerly line of the said 100 foot wide Texas Depactmont of Transportation drainage ditch, for a distance of 225.31 feet to a 5/8" iron rod found for corner; TR MCE SOUTH 41037'56" EAST, continuing along turd with the Westerly line of the said 100 foot wide Toxas Deportment of Transportation drainage ditch, for a distance of 485.69 feet to a 5/8" iron rod found for corner; THENCE SOUTH 10009'26" EAST, continuing along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 230.28 feet to a 518" iron rod set for corner; THENCE SOUTH 45026'32" WEST, continuing along and with the Westerly line -of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 3.82 feet to a 518" iron rod set for corner, said corner also being in the Easterly right-of-way line of the Kansas City Southern Railroad (based on a width of 100 feet); THENCB NORTH 44019'21" WEST, along and with the Easterly right-of-way line of the Kansas City Southern Railroad, for a distance of 1292.67 feet to a 518" iron rod set for corner, said corner being in the Nortliwest line of the said Phelam Humphry League; THENCE NORTH 45°28'30" EAST, along and with the Northwest line of the said Phelam Humphry League, for a distance of 299.95 feet to the POINT OF BEGINNING and containing 5.8766 ACRES, more or loss. TRACT III, Parcel B (Fee Simple BEING a 23.5668 acre tract or parcel of land situated in the Phelam Humphry League, AbstractNo. 32, Jefferson County, Texas and being out of and a part of that certain 300 foot strip as described in Warranty Deed front J.T. Shelby to Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed Records, Jefferson County, Texas, and also being all of that certain called 23.5505 acre tract, identified as Tract Three -E, as described in a "Special Warranty Deed" from Edward P. dezeYallos and Robert Price, Jr, to Triangle Railyard, L.P. as recorded In Clerk's File No. 1999043482, Ofi'icial.Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 23.5668 acre tract, identified as TRACT T>: REE B, as described in it "Special Warranty Deed" from Jefferson Triangle Properties, L.P. to TX ENERGY, LLC as recorded in Clerk's Filo No. 2007047461, Official. Public Records of Real Commi""ent for Tills Insmnw (ronm T-7) 104 Property, Jefferson County, Texas, said 23,5668 acre tract being more particularly described as follows: NOTE: All bearings are based on the Northeasterly line of that certain called 4.6453 acre tract, ldentlf ed as 7) -act One, as described in a "Special Warranty Deed"from Edward P. deZevallos and Robert Pence, Jr. to Jefferson Triangle Marine, L.P. as recorded In Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas as ,SOUTH 44°20 '08 " EAST All set 518 " Iron rods set nvith a cap stamped "Mf. W "Iteley c& Associates ". COMMENCING at a "T" rail found for the most Northerly corner of that certain called 5.8766 acre tract, identified as TRACT THREE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L,P, to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said cornor also being the intersection of the Northwest boundary line of the Phelam Humphry League, A-32, Jefferson County, Texas, as said line was established by an agreed Judgment in Cause No. 1219 and the Northeasterly corner of said 300 foot strip and said corner also being tiro most Westerly corner of that certain called 3.1.638 acre tract, identified as TRACT FIVE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Cleric's File No. 2007047460, official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 44°20'52" EAST, along and with the Northeasterly line of the said 300 foot strip and for the boundary behveen the said 5.8766 acre and the said 3,1638 acre TX ENERGY, LLC tracts, for a distance of 444.90 feet to a 5/8" iron rod found for corner, sale[ corner being the most Southerly corner of the said 3.1638 acre TX ENERGY, LLC tract and in the Westerly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE SOUTH 44009'59" EAST, over and across the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 156.02 feet to a 5/8" iron rod found for the most Northerly corner and the POINT OF BEGINNING of the tract herein described, said corner also being an exterior oil corner of that certain called 192,5857 acre tract of land, identified as TRACT FIVE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being, in the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch; THENCB SOUT14 44°20'33" EAST, for the boundary between the tract herein described and the said 192,5857 acre TX ENERGY, LLC tract, for a distance of 1399.09 feet to a 5/8" iron rod found for corner, said corner being the most Southerly corner of the said 192.5857 acre TX ENERGY, LLC tract and also being the most Westerly corner of that certain called 24.6091 acre tract of land as described in a "Special Warranty Deed" from OilTanking Beaumont Partners, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2009022171, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 44°1921" EAST, for the boundary between the tract herein described and tine said 24,6091 acre TX ENERGY, LLC tTaet, for a distance of 2715;60 feet to a 2" iron pipe found for corner, said corner being in tine North line of tine Mcraddin Canal No. 2 as recorded on Partition Map No. 1 of the McFaddln-Wicss- Kyle Land Co, as recorded in Volume 4, Page 198, Map Records, Jefferson County, Texas; THENCE SOUTH MoST33" WEST, along and with the North line of the McFaddin Canal No. 2, for a distance of 399.19 feet to a 5/8" iron rod found for cornor, said corner being in the Easterly right-of-way line of the Kfunsas City Southern Railroad (based on a width of 100 feet); rnnnmlt—ni fnrThln imavnnre Mdmi T-71 105 THENCE NORTH 44019'21" WEST, along and with the Easterly right-of-way line of the Kansas City Southern Railroad, for a distance of 3058.46 feet to a 518" iron rod found for corner, said corner being in the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch; THENCE NORTH 45026'32" EAST, along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 56.38 feet to a 518" iron found for corner; THENCE NORTI4 10009'26" WEST, continuing along and with the Easterly line of tine said 100 foot wide Texas Departtnent of Transportation drainage ditch, for a distance of 311,77 feet to a 518" iron rod found for corner; THENCE NORTH 41037'56` WEST, continuing along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 480,20 feet to a 5/8" iron rod found for corner; THENCE NORTH 04043'06" WEST, continuing along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditoh, for a distance of 71.72 feet to the POINT OF BEGINNING turd containing 23.5668 ACRES, more or less. TRACT IV, Parcel A (ice Simple) BEING a 22.8591 acre tract or parcel of land situated In tilt, Jeff and James Chaison Survey, Abstract No. 435, Jefferson County, Texas, the same being a portion of that certain called 150 acres of [and conveyed by Perry McFaddin Duncan, Camelia B. McFaddin, a feme solo, Di Vernon McTaddin Cordts and husband, B.G. Cordts, Mamie MoFaddin Ward and Husband, Carroll E. Ward, W.P.W. McFaddin, Jr. and J.L.C. McFaddin to Texas Gulf Sulphur Company, Vol. 960, Pg, 192, Deed Records, Jefferson County, Texas and also being all of that certain called 22.8199 acre tract of land, identified as Tract Four -A as described in a "Special Warranty Deed" from Edward P. doZevallos and Robert Price, Jr. to Jefferson Triatlgle Marine, L.P. as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 22,8591 acre tract, identified as TRACT FOUR A, as described in a "Special Warranty Deed" from Jetle►son Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No, 2007047460, Official Public Records of Real Property, Jefferson County, Taxas, said 22.8591 acre tract being more particularly described as follows: NO7C; .411 bearlags are based on the Northeasterly line of that certain called 4.6453 acre tract, identified as D -act One, as described In a "Special Warranty Deed"frarrr Edward P. deZevallos and'Robert Price, Jr. to Jefferson 7)-langle Marine, LA as recorded In Clerk's File No. 98-9821354, Official Public Records of .Beal Properly, Jefferson Courtly, Texas as SOU'T'H 44°20'08 " EAST. All ,yet 5/8 " Iron rods ,set with a cap stamped "M.. W. Whiteley & Associates ". COMMENCING at an axle found for the intersection of the nnost Southerly Northwest boundary line of. the Pltelatn Humphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly Southeast corner of the Jeff and James Chaison Survey, Abstract No. 435 as said line was established by tun agreed judgment in Cause No. 1219, said corner also being the most Easterly corner of the said John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also being an interior ell corner of the remainder of that certain called 192,5857 acre tract of land, identified as TRACT FIVE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No, 2007047460, Official Public Records of Real Property, Jefferson County, Texas and an exterior ell corner of that certain called 123.90U4 acre tract, identified as TRACT F01JR 13, as described in a "Speciul Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, .LLC as tbmui(Inmtfor NMlixnrnnca(form T•7) 1 106 recorded in Clerk's Pile'No, 2007047460, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 89058'05" WEST, along and with the South line of the said 123,9004 acre TX ENERGY, LLC tract, the same being the common line behveen the said Jeff and James Chaison Survey and the said John A. Veatch Survey, for a distance of 389.73 feet to 5/8" iron rod found for comer, said corner being the Southwest corner of the said 123,9004 acre TX ENERGY, LLC tract and in the Bast line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE NORTH 89°56'43" WEST, over and across the said 100 foot wide Texas Depfulment of Transportation drainage ditch, and for the common line between the said Jeff and James Chaison Survey and the said John A. Veatch Survey, for a distance of 100.13 feet to a 5/8" iron rod found for the Southeast corner and POINT OF BEGINNING of the tract herein described; THENCE NORTH 89°56'31" WEST, continuing for the common line between the said Jeff and James Chaison Survey and the said John A. Veatch Survey, for a distance of 382.40 feet to a 1" iron pipe found for corner; THENCE NORTH 89052'32" WEST, continuing for the common line between the said Jeff and James Chaison Survey and the said John A, Veatch Survey, for a distance of 496.09 feet to a 1/" iron pipe found for corner, said corner also being an exterior ell corner of that certain called 318.35 acre tract of land as described in a "Corrected Sheriffs Deed" from G, Mitch Woods, Sheriff of Jefferson County, Texas, to "Monica Ltd. as recorded In Clerk's File No, 2003038403, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 01020'03" LAST, for the boundary between the tract herein described and the said 318.35 acre LaMonica Ltd. tract, for a distance of 995.53 feet to a 1" iron pipe found for corner, said corner being in the South line of a Canal for barge traffic from W.P.H. McFaddin to United Oil and Refining Co, as recorded in Volume 80, Page 292, Deed Records, Jefferson County, Texas and Volume 93, Page 450, Deed Records, Jefferson County, Texas; THENCE NORTH 70027'51" EAST, along and with the South line of the sold Canal, for a distance of 198.41 feet to a V iron pipe found for corner; TIIENCE NORTH 72°45'38" HAST, continuing along and with the South line of the said Canal, for a distance of 324.39 feet to a 5/8" iron rod found for corner; THENCE NORTH 82000't7" EAST, continuing along and with the South line of tile said Canal, for a distance of 400,87 feet to a 5/8" iron rod set for corner, said corner being the intersection of the South fine of the said Caval and the West line of tho said 100 foot wide Texas Mpartmcnt of Transportation drainage ditch; THENCE SOUTH 01048'50" 1VEST, along and with the West line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 1215.58 feet to the POINT OF BEGINNING and containing 22.8591 ACRES, more or less. TRACT IV. Parcel_B (T ee Shnyle) BEING a 121,3652 acre tract or parcel of land situated in the Jeff' and James Chaison Survey, Abstract No. 435, Pierre Lernane Survey, Abstract No. 163 and the W.P,H. McFaddin Survey, Abstract No. 689, CannTITWcnl for 7111e Insuranco (Nunn T -T) 107 Joffetson County, Texas, and out of and part of that certain called 150 acres of land conveyed by Perry McFaddin Duncan, Camelia B, McFaddin, a feme sole, Di Vernon MoFaddin Cordts and husband, E.G. Cordts, Mamie McFaddin Ward and Husband, Carroll E. Ward, W.P.W. McFaddin, Jr. and J.L,C. McFaddut to Texas Gulf Sulphur Company, Vol. 960, Pg. 192, Deed Records, Jefferson County, Texas and being out of and part of that certain called 123.9203 acre tract of land, identified as Tract Four B, as described in a "Special Warranty Deed" fi•om Edward P. dcZevallos and Robert Price, Jr, to Jefferson Triangle Marine, L.P. as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, and being out of and pari of that certain called 123.9004 acre tract, identified as TRACT FOUR B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's rile No, 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said 121.3652 acre tract being more particularly described as follows: NOTE: All bearings are based on the Northeasterly litre of that ccrtaln called 4.5453 acre tract, identtfled as Tract One, as described in a "Special Warranty Deed"front Edward P, daZevallos and .Robert Price, Jr. to Jefferson Triangle Marine, LY, as recorded fit Clerk's Tile No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 44°20'08" EAST. All set 5/8" iron rods set with a cap stamped "M, W,, Whiteley & &3oclatas", BEGINNING at an axle found for the intersection of the most Southerly Northwest boundary line of the Phelam Humphry League, Abstract No, 32, Jefferson County, Texas, and the most Southerly Southeast corner of the Jeff and James Clnaison Survey, Abstract No. 435 as said Ilse was established by an agreed judgment in'Cause No. 1219, said corner also being the most Easterly corner of the said Jelin A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also being an interior ell corner of the remainder of that certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L,P, to TX ENERGY, LLC as recorded In Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas and an exterior ell corner of the said 123.9004 acre TX ENERGY, LLC tract; THENCE SOUTH 89058'05" WEST, along and with the South line of the said 123.9004 acre TX ENERGY, LLC tract, the same being the common line between the said Jeff and James Chaison Survey and the said John A, Veatch Survey, for a distance of 389.73 feet to 5/8" iron rod found for corner, said corner being the Southwest corner of the said 123,9004 acre TX .ENERGY, LLC tract and in the Fast line of a 100 foot wide Texas Department of Transportation drainage ditch as recoixicd in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; TUENCE NORTH 01°48'50" EAST, along and with the East line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 1228.38 feet to a 5/81' iron rod found for corner, said corner being the intersection of the said 100 foot wide Texas Department of Transportation drainage ditch and the South line of a Canal for barge traffic fi•orn W.P.H. McFaddia to United Oil and Refining Co. as recorded in Volume 80, Page 292, Deed Records, Jefferson County, Texas and Volume 93, Page 450, Deed Records, Jefferson County, Texas; THENCE NORTH 84°30'51" EAST, along and with the South line of the said Canal, for a distance of 5095.88 feet to a l" iron pipe found for corner, said iron pipe being located the old bank of the Neches River; THENCE SOUTH 25°57'41" EAST, along and with the old bank of the Neches River, for a distance of 1148.77 feet to a point for corner (unable to fine; or set comer), said corner being the Northeast corner of that certain called 0.7526 acre tract of lane{ as described in a "Special Warranty Deed" from Chevron U.&A, Inc. to TX ENERGY, LLC as recorded in Clerk's File No. 2009011357, Official Public Records of Comniftmmt rorTl"I tsuranas(Porm'r.7) 108 Real Property, Jefferson County, Texas, the same being the Northeast corner of that certain called 24.6091 acre tract of Iand as described in a "Special Warranty Deed" from TX ENERGY, LLC to OilTanking Beaumont Partners, L.P. as recorded in Clerk's file No. 2009022170, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 89055'27" WEST, for the boundary between the tract herein described and the said 24.6091 acre OilTanking Beaumont Partners, L.P.'tract, for a distance of 644.65 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner; THENCE SOUTH 00058'20" WEST, for the boundary between the tract herein described and the said 24.6091 acre OilTanking Beaumont Partners, L.P. tract, for a distance of 201.22 feet to a point for corner, and said corner being .the Northeast corner of the said 192.5857 acre TX ENERGY, LLC tract and in the common line between the W.P.M. McFaddin Survey and the said Pltelam Humphry League; THENCE NORTH 89008'02" WEST, for the boundary between the tract herein described and the remainder of the said 192.5857 acre TX ENERGY, LLC tract, the same being the common line between the said Pholarn Humphry Longue and the said W. P.H. McFaddin Survey, the said Pierro Lemane Survey and the said Jeff' and James Chaison Survey, for a distance of 4571.06 feet to a point for corner (unable to find or set corner), said corner being an exterior ell corner of the remainder of the said 192.5857 acre TX ENERGY, LLC tract and also an exterior ell corner of the said Pholarn Humphry League and an interior ell corner of the said Jeff and Janies Chaison Survey, THENCE SOUTH 00037'20" WEST, for the boundary between the tract herein described and the said 192.5857 acre T tract, the same being the common line between the said Phelam Humphry League and the said Jeff and James Chaison Survey for a distance of 550.66 feet to the POINT OF BEGINNING and Containing 121,3652 ACRES, more or less. TRACT V, Parcel A Gree Simple) BEING a 3.1638'acre tract or parcel of land situated in the Phelam Humphry Leagrie, Abstract No, 32, Jefferson County, Texas and being a portion of the 208.38 acres of land conveyed by Stanollad Oil Purchasing Company to Texas Gulf Sulphur Company, Volume 1597, Page 324, Deed Records, Jefferson County, Texas, and also being all of that certain called 3,1656 acre tract of land, identified as Tract Fivc A, as described in a "Spacial Warranty Deed" front Edward P. dozevallos and Robert Price, Jr. to Jefferson Triangle Marino, LT, as recorded ill Clerk's File No. 98-9821354, Official Public Records of Real Property, Jeffer;eon County, Texas, and being all of that certain called 3.1638 acre tract, identified as TRACT FIVE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, Ly, to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Oficial Public Records of Real Property, Jefferson County, Texas, said 3,1638 acre tract being more particularly described as follows. NOTE -All bearings are based on the Northeasterly line of that certain called 4.6453 aer'e tract, identified as pact One, as described In a "Special Warranly Deed"frons Edward P. dezevallos and Robert Price, .1r, to Jefferson n1angle Marine, L.P. as recorded in Clerk's File No, 98-9821354, Oficial Public Records of Real Property, Jefferson County, Texas as SOUTH 44120 108 " FAST. All set 518" Iron rods set with a cap stamped W. W. Whiteley c& Associates ". BEGINNING at a "T" rail found for the most Westerly corner of the tract herein described, said coater also being the intersection of the Northwest boundary line of the Phelam Humphry League, A-32, Jefferson County, Texas, as said line was established by an agreed judgment in Cause No. 1219 and the Northeasterly corner of that certain 300 foot strip as described in Warranty Deed from J.T. Shelby to Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed Records, Jefferson County, Conwhaieat lbrThle limm re (Form t-7) 109 Texas, also being the most Northerly corner of that certain called 5.8766 acre tract, identified as TRACT THREE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 45°28'30" EAST, along and with the Northwesterly line of the said Phelan Humphry League, for a distance of 672.47 feet to a 518" iron rod found for corner, said corner being in the Westerly line of a J 00 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE SOUTH 01°58'31" WEST, along and with the Westerly line of the said 100 foot wide Texas Department of Tratrsportation drainage ditch, for a distance of 161.2I feet to a 5/8" iron rod found for corner; THENCE SOUTH 23040'34" WEST, continuing along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 448.39 feet to a 5/8" iron rod found for corner; Tl-IENCE SOUTH 04030'21" LAST, continuing along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch, fora distance of 218.62 feet to a 5/8" iron rod found for corner, said corner being in the Northeasterly line of the said 300 foot strip and also being an exterior ell corner of the said 5,8766 acre TX ENERGY, LLC tract; THENCE NORTH 44°20'52" WEST, along and with the Northeasterly line of the said 300 foot strip and for the boundary between tho-tract herein described and the said 5.8766 acre TX ENERGY, LLC traot, for a distance of 444.90 feet to the POINT OF BEGINNING and containing 3.1638 ACRES, more or less. TRACT V. Parcel 13 (Fee Simples BEING a 171.2645 acre tract or parcel of land situated in the Phelanr Humphry League, Abstract No. 32, Jefferson County, Toxas and being out of and part of that certain called 20838 acres of land conveyed by Stanolind Oil Purchasing Company to Texas Gulf Sulphur Company, Volume 1597, Page 324, Deed Records, Jefferson County, Texas and being all of that certain called 203,2524 acre tract of land, identified as Tract Five D, as described in a "Special Warranty Deed" from Edward P. de7evallos and Robert Price, Jr. to Jefferson Triangle Marine, L.P. as recorded in Clark's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, save and except that certain called 10.6679 acre tract of land as described in a "Special Warranty Deed" flom Palmera Properties, Inc. to Martin Gas Sales, Inc. as recorded in Clerk's File No, 98-9814112, Oficial Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in a. "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded In Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, save- and except a portion of that certain called 24.6091 acre tract of land as described in a "Special Warranty Deed" from TX ENERGY, LLC to OilTanking Beaumont Partners, L.P. as recorded in Clerk's File No, 2009022170, Official Public Records of Real Property, Jefferson County, Texas said 171.2645 acre tract being more particularly described as follows: NOTE: All bearings are based on the Xortheasterly line of that certain called 4.6453 acre tract, identified as Y3 act One, as described in a "Special Warranty Deed"from .Edward P. de7evallos and Robert Price, Jr. to Jefferson 7�iangle Marine, L.P. as recorded In Clerk's File No. 98-9821354, Official .Public Records of heal Property, Jefferson County, Texas as SOUTH 44"20'08" LAST A11 set 5/8" iron rods set with a cap slarnpcd "M. W Whiteley & Associates". Commltntatt ror'ritrernaw ww (Fo"tt T-7) BEGINNING at an axle found for the intersection of the most Southerly Northwest boundary line of the Pholam Hurnphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly Southeast corner of the Jeff and James Chalson Survey, Abstract No. 435 as said. line -was established by an agreed judgment in Cause No. 1219, said corner also being the most Easterly corner of the said John A, Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also behig an exterior oil corner of that certain called 123.9004 aore tricot, identified as TRACT FOUR B, as described in a "Special Warranty Deed" from Jefferson, Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clark's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 00037'20" EAST, for the boundary between the tract herein described and the said 123.9004 acre TX ENERGY, LLC tract, the same behrg the common Ihio between the said Plielam Humphry League and the said Jeff and James Chaison Survey, for a distance of 550,66 feet to a point for corner (unable to find or set corner), said corner being an interior all corner of the said 123,9004 acre TX ENERGY, LLC tract; THENCE SOUTH 89°08'02" BAST, for the boundary between the tract herein described and the said 123.9004 acre TX ENERGY, LLC tract, the same being the common line between the Bald Phelam Humphry League and the said Jeff and James Chaison Survey, the Pierre Lemane Survey, Abstract No. 163 and the W. P,BL McFaddin Survey, Abstract No, 689, Jefferson County, Texas, for a distance of 4571,06 feet to a point for corner, said corner being in the West line of the said 24.6091 acre OilTanking Beaumont Partners, L.P. tract; THENCE SOUTH 00058'20" WEST, for the boundary between the tract herein described and the said 24.6091 acro OilTaakuig Beaumont Partners, L,P. tract, for a distance of 1.004.19 feet to a 5/8" iron rod with a cap stamped "M, W. Whiteley & Associates", said cornar being in the North line of the remainder of that certain called 461.42 acre tract, identified as TRACT A, as described in a "Special Warranty Deed" from BP Pipelines (North America) Inc. to OilTanking Beaumont Partners, L.P. as recorded in Clerk's FIle No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 89041'40" WEST, for the boundary between the tract herein described and the remainder of the said 461.42 acro OilTankhig Beaumont Partners, L.P tract, passing at a distance of 1326.31 feet a found 3" aluminum pipe, passing at a distance of 1738,01 feet a 3" aluminum pipe and continuing for a total distance of 2202.70 feet to a 5/8" iron rod found for corner, said corner also being an exterior ell corner of the said 461.42 acre OilTanking Beaumont Partners, L.P. tract and the Northwest corner of that certain called 24,6091 aore tract of land as described in a "Special Warranty Deed" from OilTanking Beaumont Partners, L.P, to TX ENERGY, LLC as recorded in Clerk's File No. 2009022171, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 45025'18" WEST, continuing for the boundary between the tract heroin described and the Northwesterly line of the said 24.6091 acre TX ENERGY, LLC tract, for a distance of 2730.75 feet to a 5/8" iron rod found for corner, said corner being in the Northeasterly line.of that certain 300 foot strip as described in Warranty Deed from J.T. Shelby to Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed Records, Jefferson County, Texas and said corner also being in the Northeasterly line of that certain called 23.5668 acre tract, identified as TRACT THREE B, as described in a "Special Warranty Deed" from Jefferson Triangle Properties, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047461, Official Public Records ofRoftl Property, Jefferson County, Toxas; T14ENCE NORTH 44020'33" WEST, for the boundary between the tract herein described and the said 23.5668 acre TX ENERGY, LLC tract, for a distance of 1399.09 feet to a 5/8" iron rod found for corner, said cornar being the most Northerly corner of trio said 23,5668 acre TX ENERGY, LLC tact and also CommllmW rorTillaIusmusto (Vomi T-7) III being in the Easterly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE NORTH 04026'05" WEST, along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distattce of 313,59 feet to a 5/8" iron rod found for corner; THENCE NORTH 23040'23" EAST, continuing along and with the Easterly line of tine said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 442,57 feet to a 5/8" iron roti found for corner; THENCE NORTH 01056'02" EAST, continuing along and with the Easterly he of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 285.61 feet to a 5/8" iron rod found for corner, said corner being in the Northwesterly line of the Phelan Humphry League; THENCE NORTH 45°21'25" EAST, along and with the Northwesterly line of tine Phelan Humphry League, for a distance of 566.11 feet to the POINT OF BEGINNING and containing 181.9324 acres, more or less save and except the above referenced 10.6679 acre Martin Gas Sales, Inc. thereby leaving a net acreage of 171,2645 acres, more or toss. TRACT VI, PARCEL A free Simple) BEING a 24.6091 acre tract or parcel of land situated in the Phelam Humphry League, Abstract No. 32, Jefferson County, Texas and being out of and part of that curtain called 461.42 acre tract of land, identified as tract A, as described in a "Special Warranty Deed" from BP Pipelines (North America) Inc. to Oil Tanking Beaumont Partners, L.P. as recorded .in Clerk's File No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas, and being all of that eertavi called 24.6091 acre tract of land as described in a "Special Warranty Deed" from OilTanking Beaumont Partners, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2009022171, Official Public Records of Real Property, Jefferson County, Texas, said 24.6091 acre tract being more particularly described as follows: NOTE: All bearings are based on the Northeasterly line of that certain called 4.6344 acre tract, klentified as Tract One, as described In a "Special Warranty Deed" from Jefferson Triangle Marine, L.P, to TX ruieigy, LLC as recorded in Clerk's Rile No, 2007047460 Official Public Records of Real Properly, .leffenson County, Texas as SOUI H 44120'08" EAST; BEGINNING at a 5/8" iron rod found for the most Westerly confer of the tract herein described, said corner also being the most Southerly corner of brat certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson Comity, Texas, and said corner also being in the Northeast line of that certain called 23.5668 acre tract of land, identified as TRACT THREE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P, to TX ENERGY, LLC as recorded in Clerk's File No. 2007047461, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 45025118" BAST, for the boundary between the tract herein described and the said 192.5857 acre TX ENERGY, LLC tract, for a distance of 2730.75 feet to a 5/8" iron rod found for corner, said corner being an interior ell corner of the said 192.5857 acre TX ENERGY, LLC tract and also being an exterior ell corner of the said 461.42 acre OilTanking Beaumont Partners, LP tract; THENCE SOUTH 89°01'40" EAST, for the boundary between the tract herein described and the said Coninil"nenl fWrIle fnsmno (Fonn r-7) 112 192.5857 acme TX ENERGY, LLC tract, for a distance of 394.38 feet to a 518" iron rod found for corner, THENCE SOUTH 45025'18" WEST, over and across the said 461.42 acre OilTanking Beaumont Partners, LP tract for a distance of 784.53 feet to a 5/8" iron rod found for corner; THBNCE SOUTH 49057'07" EAST, over and across the said 461.42 acre OilTariking Beatunont Partners, LP tract for a distance of 118.98 feet to a 518" iron rod found for corner; THENCE SOUTH 45025118" WEST, over and across the said 461.42 acre OilTanking Boauniont Partners, LP tract for a distance of 2235.32 feet to a 5/8" iron rod found for corner, said corner being in the Northeast lino of said 23.5 66 8 acre TX ENERGY, LLC tract; THENCE NORTH 44019'21" WEST, for the boundary between the tract herein described and the said 23.5668 acre TX ENERGY, LLC tract, for a distance of 400.00 feet to the POINT OF BEGINNING and containing 24.6091 ACRES, snore or less. TRACT VI,1'areel B, (LBa§ement restate) BEING a 0.3818 acre pipeline right--of-way and easomont situated in the Phelam Humphry League, Abstract No. 32, Jefferson County, Texas, being out of and part of that certain called 2.440 acre traot of land, also identified as TRACT D, Sava and Except that ccanin called 0.332 acres lying within the Kansas City Southern railroad 100' wide strip, as described In a deed from Mamie Movaddin Ward Heritage Foundation, et al to OilTauking Beaumont Partners, L.P. as recorded in Clerk's File No, 20050069725 Official Public Records of Real Property of Jefferson County, Texas, and being out of and part of that certain called 6.4 acre tract of land, also identified as TRACT E, as described in a deed from Mamie McFaddin Ward Heritage Foundation, et al to OilTauking Bebumont Partners, L.P, as it -corded in Clerk's File No. 2005006972, Official Public Records of Real Property, Jefferson County, Texas, said 0.3818 acre pipeline right-of-way and easement being snore particularly described as follows: NOTE: x€11 bearings are bayed on the Northeasterly line of that certain called 4.6344 acre tract, ident y7ed as Tact One, as described In a "Special Xarranty Deed" front Jefferson Mangle Marine, L.P. to 7X Energy, LLC as recorded in Clerk's File iVo. 20070474160 Official Public Records of Real Property, Jefferson County, Texas as SOUTH 44Q20'08" EAST COMMENCING at a 5/8" iron rod found for the most Southwesterly corner of that certain called 23.5668 acre tract of land, identified as TRACT THREE B, as described in a "Special Warranty Deed" form Jefferson Triangle Properties, L.P. to TX ENERGY, LLC -as recorded in Clerk's File No. 2007047461, Official Public Records of Real Property, Jefferson County, Texas, said corner also being in the Northeast right-of-way tine of Kansas City Southern Railroad (based on a width of 100 feet), and also said corner being an exterior ell corner of said OilTanking Beaumont Partners, L.P. Tract D; THENCE NORTH 86054'33" EAST, for the boundary between said TX ENTERGY, LLC TRACT THREE B and tho said OilTanking Beaumont Partners, L.P. TRACT D, for a distance of 85.00 feet to the most Westerly corner and the POINT OF BEGINNING of (lie tract therein described; T[JENCL NORTH 86054'33" EAST, continuing for the boundary between the said TX ENERGY, LLC TRACT Ti -M, E B and the said OilTanking Beaumont Partners, L,P. TRACT D, for a distance of 100,00 feet to a point for corner; THENCE SOUTH 44019'21" EAST, over and across the said OilTanking ]Beaumont Partners, L.P. TRACT D and TRACT E for a distance of 238.25 feet to a point for corner, said corner being in the most Con"nilme nr for Alk insurance (Form T-7) 113 Westerly North line of that certain called 46.796 acre tract of land, also identified as TRACT ONE, as deseribad in a deed from E. I. DU PONT DE NEMOURS AND COMPANY to EASTMAN CHEMICAL COMPANY as recorded in Clerk's bile No. 2007038287, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 81°1431" WEST, for the boundary between the said OilTanking Beaumont Partners, L.P. TRACT E and the said Eastman Chemical Company 46.796 acre tract for a distance of 125.20 feet; THENCE NORTH 44°19'21" WEST, over and across the said OilTanking Beaumont Partners, L.P. TRACT E and TRACT D for a distance of 204.06 feet to the POINT OF BEG)NN1NG and containing 0.3818 ACRES, more or less. TRACT VL Parecl C (Easement Estate BEING a 1.2396 acre road easement situated in the Pholam Humphry League, Abstract No. 32, Jefferson County, Texas and being out of and part of that certahi called 27.18 acre tract of land, identified as Tract B, as described in a "Special Warranty Dead" form BP Pipelines (North America) Inc. to Oil Tanking Beaumont Partners, L.P, as recorded in Clerk's File No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas, said 1.2396 acre road easement being more particularly described as follows: NOTE. All hearings are based on the Northeasterly line of that certaln called 4.6344 acre tract, identified as D,act One, as described In a "Special Warranty Deed" from Jefferson Trirntgle Marine, Z.P. to TX Energy, LLC as recorded in Clerk's File No. 2007047460 Oficial Public Records of Real Property, Jefferson Cotatty, Texas as SOUTH 44°20'08" EAST, COMMENCING at a 2" iron pipe found for the North corner of said OitTanking Beaumont Partners, L.P. tract, said confer being the most Easterly corner of that certain called 20.0281 acre tract of land as described in a "Special Warranty Deed" from Phillip A. Roebuck Family Partnership, LTD. to TX Energy, LLC, as recorded in Clerk's File No. 2008003576, Official Public Records of Real Property, Jefferson County, Texas, said corner also being in the Southwesterly right -of --way line of Kansas City Southern Railroad (bases on a width of 100 feet); THENCE SOUTH 4401.8'38" EAST, along and with the said Southwesterly right-of-way lino of Kansas City Southern Railroad for a distance of 429.22 fest to a point for the most Northerly comer and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 44018'38" EAST, continuing along and with the said Southwesterly right-of-way line of Kansas City Southern Railroad for it distance of 50.00 foot to point for corner; THENCE SOUTH 45°27'11" WEST, over and across the said 27.18 acres OilTanking Beaumont Partners, L.P. tract for a distance of 1071.13 feet to a point for corner, said comer being in the Northeasterly right-of-way line of State Highway 347; THENCE NORTH 63042'49" WEST, along and with tine Northeasterly right-of-way line of the said State Highway 347 -for a distance of 52.93 feet to a point for corner; TI-113NCE NORTH 45027'11" EAST, over and across the said 27.18 acres 0€[Tanl6ng Beaumont Partners, L.P. tract for a distance of 1088.71 feet to the POINT OF BEGINNING and containing 1.2396 ACRES, more or less. C:oaunitment for Tido rnsaranaotPorm T-7) 114 CT VII, Parcel A (I cc Shnuie BEING 46.8010 Acres of land described and being out of and a part of those certain tracts deed to E. I. du Font de Notnours and Company more fully described as 3,224 acres described as McFaddin Access Strip No, 1, 3.189 aores described as Weiss Access Strip, 124,708 acres recorded in Volume 845, Page 63, 23.70 acres recorded in Volume 1865, Page 58, 10.270 acres recorded In Volume 1865, Page 68,23.70 acres described as Tract "A" recorded in Volume 1865, Page 120 and 10,270 acres recorded in Volume 1865, Page 128 of file Deed Records of Jefferson County, Texas. Said 46.796 acres of land also being a part of tho DuPont -Beaumont Industrial Site No. I Subdivision recorded in Volume 15, Page 4 of the Map Records and part of the DuPont-Boaumont Works Industrial park Subdivision recorded in Clerk's File No. 2006048240 and being Lot 4 of the Replat of DuPont -Beaumont Industrial Site No. 1 in Clerk's File No. 2007037934 of the said Jefferson County and being situated it) the Pelham Humphries League, Abstract No. 32, and the J. S. Johnston Survey, Abstract No. 34, Jefferson County, Texas. TRACT Vitt PARCEL B (Easement Estate) — Ren nmont-DuPont: Nan -exclusive easement estate as conveyed, assigned and/or set forth in (1) that certain deed executed by E, I. du Font do Nemours and Company in favor of Eastman Chemical Company, dated September 26, 2007, Piled September 28, 2007, under County Clerk's File No. 2007038287, Official Public Records of Real Property of Jefferson County, Texas and (ii) that cerlain Declaration of Easements and Covenants executed by E. I, du Font de Nemours and Company as recorded tinder Film Code No, 104-01-0533, Real Property Records, Jefferson County, Texas. TRACT VIII (Fee Sluiple) - DE LEXED `T'ItACT IX tree S$nule BEING a 20,0281 acre or parcel of land situated in the Pltelam i-lulnphry League, Abstract No. 32, Jefferson County, Texas and being all of that certain called 20.03 note tract of land as described in a "Special Warranty Deed" front Phillip A. Roebuck to The Phillip A. Roebuck Family Partnorship, Ltd. as recorded in Clerk's File No. 97-9731390, Official Public Records of Real Property, Jefferson County, Texas, the, same being all of that certain called 20.03 acre tract of land as described in a "Special Warranty .Deed" from Suzanne R, Roebuck to The Phillip A. Roebuck Family Partnership, Ltd, as recorded In Clerk's Filo No. 97-9731389, Of£teial Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 20.0281 acre tract of land as described in a "Special Warranty Deed" from Phillip A. Roebuck Family Partnership, LTD, to TX ENERGY, LLC as recorded in Clerk's File No. 2008003576, Official Public Records of Real Property, Jefferson County, Texas said 20,0281 acre tract being more particularly described as follows: NOTR: Alt bearing are based on the Northeasterly line of that certain called 4.6453 acre tract, identified as Tract One, as described In a "Special Warranty Deed"from Edward P. de<evallos and Robert Price, Jr, to Je eryon Triangle Adarb7e, L. P., as recorded in Clerk',s File No. 98-9821354, Of/2eial Public Records of Real Property, Jefferson Cowity, Texas as SOUTH 44°20'08" RAST BEGINNING at a 2" Iron pipe found for the most Easterly corner of the tract herein described, said corner also being the most Northerly corner of the remainder of that certain called 27.18 acre tract of land, identif"icd as TRACT B, as described in a "Special Warranty Deed" from BP Pipelines (North America) Inc. to 011Tanking Beaumont Partners, L,P, as recorded in Clerk's File No. 2001014848, Official Publio Coinaddncrt for TkIe Insurance (Fo"n'r-7) Records of Real Property, Jefferson County, Texas and in the Westerly right-of-way Line of the Kansas City Southern Railroad (based on a width of 100 feet); THENCE SOUTH 47002'52" WEST, for the boundary between the tract herein described and the remainder of the said 27.18 acre OilTanking Beaznnont Partners, L.P. tract, for a distance of 1188,10 feet to a small nail in concrete at the base of a fence post found for corner, said corner being the most Westerly corner of the remainder of the said 27.18 acre OilTanking Beaumont Partners, L.P. tract and in the Northeasterly right-of-way line of State Highway No. 347; THENCE NORTH 48006140" WEST, along and with the Northeasterly right-of-way line of State Highway No. 347, for a distance of 248.11 feet to a Texas Department of Transportation concrete monument found for corner, said corner also being the beginning of a cane to the right having a radius of 3685.93 feet and being subtended by a chord bearing NORTH 44116127" WEST having a chord length of 477.60 feet; THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way line of State Highway No, 347 and along and with said curve, for an are length of 477,94 feet to a 1/2" iron rod found for corner, said corner being the most Southerly corner of that certain called 21,1268 acre tract, identified as TRACT TWO, as described in a "Special Warranty Deed" ftom Jefferson Triangle Marine, L.P, to TX ENERGY, LLC as recorded in Clerks File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas; TI-MNCE NORTH 47005'45" EAST, for the boundary between the tract herein described and the said 21,1268 acre TX ENERGY, LLC tract for a distance of 1203.93 feet to a 5/8" iron rod found for corner, said corder being the most Easterly corner of the said 21.1268 acre TX ENERGY, LLC tract and in the Westerly right-of-way line of the Kansas City Southern Railroad; THENCE SOUTH 44020'18" EAST, along and with the Westerly right-of-way line of the Kansas City Southern Railroad, for a distance of 723,78 feet to the POINT OF BEGINNING and containing 20,0281 ACRES, inore or less, TRACT X Parcel A (Fee Simple Lot One (1) of the du PONT-BEAUMONT INDUSTRIAL S1T1 S SUBDIVISION: BEING a 12.8175 acre tract of land in the Pelham Humphries League in Jafferson County, 'Texas, -and also being out of a 124 acre tract conveyed by Wesley W. Kyle, et a[ to R. 1. du Pont do Nemours and Company by deed dated December 14, 1951 and being recorded in Vohjme 845, Pago 33, Deed Records of Jefferson County, Texas, and said 12,8175 acre tract being sometimes also known as Lot No. 1 of the DuPont - Beaumont Industrial Sites Subdivision that was recorded on November 19, 1991, in Volume 15, Page 4 of the Map Records of Jefferson County, Texas, TRACT X Pii reel B (Fee Simple)_ Lot Two (2) of the du PONT-BBAUMONT INDUSTRIAL S1THS SUBDIVISION: BEING a 13.5247 acre tract of land in the Pelham Humphries League In Jefferson County, Texas, and also being out of a 124 acre tact conveyed by Wesley W, Kyle, et at to H. I, du Pont de Nemours and Company by deed dated December 14, 1951 and being recorded in Volume 845, Page 33, Deed Records of Jefferson County, Texas, and said 13.5237 acre tract being sometimes also ]mown as Lot No. 2 of the DuPont - Beaumont Industrial Sites Subdivision that was recorded on November 19, 1991, In Volume 15, Page 4 of the Map 'l(words of Jefferson County, Texas. Conuuitwnt for'rAlo Tusumuoe (ltorm T-7) TRACT X Parcel C (Easemeut Estate] Dion -exclusive easement estate as conveyed, assigned and/or set forth in {i} that certain deed executed by E. I. du Pont de Nemours and Company in favor of Eastman Chemical Company, elated September 26, 2007, filed September 28, 2007, under County Clerk's Pile No. 2007038287, Official Public Records of Real Property of Jefferson County, Texas and (ii) that certain Declaration of r..asements and Covenants executed by B. I. du Pont de Nemours and Company as recorded under Film Codo No. 104-01-0533, Real Property Records, Jefferson County, Texas. Commilmeet for Talo Imumnce (Porus T-7) fY N dM 'M Xwt 111 Mjfp)W- tax ' <�vwiq Yh�adr !}ar irnr � gr�nr Yr111W P'v x.n - M1 Psr IMn i1»M•1AY �J vm rbil -!'nu )rdr�M I iXYh71 A.s b)f�r • 1 J® W Maw" r rvrl D 1rna+ n xm+•s nu IT, ne raorxr a=wm N Tru race' WAVJrd_lr h; .NWI£D A "CAC -0 YMQ 0.'SUR.I.Vvf CDWAMt- CCL"67WV17 t, - 44-?02--O-Z=22- Dcbd J '1.�0� OtiI�l ii tt.F � Nn 10 a�A �i,"t` ^` ?-+^ }^� �.— -•� ny•- bit^- b-�� b�•- y� a•w-- ��; tr $� 1 Wit+I �a ys -_ro a Cf��. $�� G'L� demo-.��. �n �• }Fo-yy �nRa4P, q4a n Y �. Q �N �. G q�w .iSS• $v rm A '� y f+ ai "'aP of I '' p„y mY $ :o cS "it�� ;'�� r � r � � .;* ��s y y }+A Y c lgpF,� '� �3`� �Z� �"•�' -c,,�� �+,� 6 „P � 2'�',x� s^ p'i �? a�� Qn. 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Pone Zone Nbne There are no site rechictlons or zoning Information in the unlncorported limits of Person County, Texas as per the �rson County Englnoars Deportmant. ) 8,38-8884 Basis of Beating The bearing N 45'5829' E being the Southwest line of the subject tract, called 1,5445 cores, known as Lot ,3 of the DuPont—Beaumont industiol Site No. 2 Subdivlson of record in Volume 17 on Page 394 of the Map Records of Jefferson County, Texas, was used as `The Bask of Bearing' for this survey. Sold Southwest line bang designated in said descn'ption as N 45'58'29" E 235, t 1, obtalned from exfating maps supplied by Dupont Personnel. Subject property 1s located outside the Wis of the Clly of 9eaumont, and within the uninoorportod Ifmlts of Jefferson riOUnty, rOKV$ Access to this property fs in common 11th access to the Dupont property. Lot 1, Lot 2, and Lot 3 shown vn Shaets f —3 are not ont1guous to aach other. There Is no visible evidenos of oametorles on eubjeot properties, riQod Note, - By grophlo pJvtting only, thle property 1t in Zone AB of the flood Insurance Rota Map, Community panel No. 980385 0110 C, whfoh bears an effeotIve date of 11-20-1991. No portion of the .subject property /las within o Special EIood Hazard Arm as described on the flood Insuroncs Roto hlop for the aommunity In whioh the SUbjeot proper,ttyy is located. No field eurveying was performed to determined this Zone and an Elevation Coriillcote may be needed to verify thls determinatlon or appy for -variance from the federal Emergency Uanagement Agency. 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The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "City," and OCI Beaumont, LLC, a Texas Limited Liability Corporation, hereinafter called "Company," PREAMBLE WHEREAS, City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of City, such industrial district being known as City of Beaumont Industrial District (the "District'). WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or leases land and improvements which are part of the manufacturing and industrial facilities of Company and/or its Affiliates located within District, such land and improvements being more particularly described in Exhibit "A" attached hereto (the "Property"). WHEREAS, Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate Page 1 with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. WHEREAS, Company and City desire to base the industrial district payment on assessed value to ensure equity among the companies. WHEREAS, City desires to encourage the addition of new improvements to the Company's property located within the City of Beaumont Industrial District; In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I COMPANY'S OBLIGATION 1. Company has committed to constructing additional improvements to existing facilities, including increased capacity to produce methanol and ammonia as well as a new flaring system, and equipment to curb emissions, energy consumption and waste water. This project is related to the construction of a new methanol plant by Natgasoline LLC, the sister company of OCI Beaumont LLC. Such new construction and improvements will be abated at 100% through 2024. 2. The abatement does not include the value of the existing property described in Exhibit "A." The Company shall be responsible for the payment of ad valorem taxes based upon the existing value of the property and improvements currently existing in Exhibit "A" as determined by the Jefferson County Appraisal District. The Company shall notify City in writing at least thirty (30) days prior to the date construction is scheduled to commence. Page 2 2. Company will make an annual payment to City on or before February 1s` of each such year computed based on 100% of the Assessed Value of the Company's facilities and property, real, personal, and mixed, located on Company's land covered by this Agreement (herein "the property") as provided herein (the "Annual Payment") , Upon expiration of the abatement period, the Annual Payment shall include all property covered by this Agreement. 3. "Assessed Value" means the 100% valuation of existing company property as determined by the Jefferson County Appraisal District for the previous tax year. 4. "Assumed City Taxes Due" means the number obtained by the following formula: Assessed Value Less Improvement Value Subject to Abatement / 100 x Current City Tax Rate = Assumed City Tax Due 5. If the assessed values are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. Page 3 6. (a) As to the property that was the subject of and described in the agreement between City and Pandora Methanol dated December 15, 2011, incorporated herein as Exhibit A, payments shall be: For years 2016 through 2019, the payment shall equal 80% of the Assumed City Taxes Due. For years 2020 through 2024, the payment shall equal 75% of the Assumed City Taxes Due. (b) As to those improvements described in Paragraph 1, above, the company will receive a 100% abatement of all Assumed City Taxes Due for years 2016- 2024, City shall bill Company for payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Finance officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to City had Company been in the city limits of City will be recaptured and paid to City within 60 days of any such event. Page 4 ARTICLE II PROPERTY COVERED BY AGREEMENT This Agreement will reflect the intention of the parties hereto that this Agreement shall govern and affect the properties of Company and/or its Affiliates (facilities, real, personal, and mixed) located on the Property more particularly described in Exhibit "A", which are within the extra -territorial jurisdiction of the City of Beaumont. "Affiliates" shall mean any entity owned entirely or in part by Company. ARTICLE III SALE BY COMPANY (a) Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. (b) Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its Page 5 obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with state law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation becomes final with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City Page 6 shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all costs of such action being borne equally by the City and by the said Company or companies with Company's portion allocated on the basis of Assessed Values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof, 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION FOR BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the Page 7 parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, City sha!1 be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "parent," "affiliates" and to any properties owned or acquired by said parent and affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its parent and/or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. The word "parent" as used herein shall mean all companies which directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over Page 8 fifty percent (50%) of the stock having the right to vote for the election of directors of Company. 2024, ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for nine (9) years, expiring December 31, NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by certified mail addressed as follows: TO CITY City of Beaumont Attn: City Manager 801 Main Street Beaumont, Texas 77704 Page 9 TO COMPANY OCI Beaumont LLC Attn: President/CEO PO Box 1647 Nederland, Texas 77627 IN WITNESS THEREOF, this Agreement, consisting of nine pages plus Exhibit ,L SU "A" is executed In duplicate counterparts as of this � —day of � et gl , 2015. In A T ST: C � Tina Broussard City Clerk CITY OF BEAUMONT, TEXAS Kyle Hayes City Manager By; Frank Bakker President/CEO ATTEST: Page 10