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HomeMy WebLinkAboutRES 08-342 RESOLUTION NO. 08-342 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 Contract with Eastman Chemical Company. The contract 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 16`h day of December, 2008. - Mayor Becky Ames - 1 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 Eastman Chemical Company, a Delaware 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 with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. Page 1 EXHIBIT "A 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. The Company will receive a 10-year 100% tax abatement on all new construction and improvements to existing facilities on the herein described property. This 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 10-year time period will commence when modification to existing land (dirt work) first begins on any property described in Exhibit "A" or when renovations or modifications first begin to existing improvements or facilities on properties described in Exhibit "A." The Company shall notify City in writing at least thirty (30) days prior to the date construction is scheduled to commence, as stated above, which will determine the start date and first calendar year for the Initial Term. The Initial Term shall be the ten (10) year tax abatement period. 2. Commencing upon the expiration of the Initial Term and continuing thereafter for an additional period of five calendar years (the "Second Term") after the tax Page 2 I abatement period, 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") . 3. "Assessed Value" means the 100% valuation of Company Property and improvements thereon 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 / 100 x Current City Tax Rate = Assumed City Tax Due 5. In October of each year the Finance Officer for City shall obtain the most recent Assessed Value as set by the Jefferson County Tax Appraisal District and such valuation shall be used for the Annual Payment due the following February; by way of example, October 2008 Assessed Values would be used for the February 1, 2009 payment. 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 Page 3 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. For years 11 through 13 (years 1 through 3 of the Second Term), the payment shall equal 80% of the Assumed City Taxes Due and for years 14 and 15 (years 4 and 5 of the Second Term) the payment shall equal 75% of the Assumed City Taxes Due. 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. 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", Page 4 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 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. Page 5 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 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 Page 6 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 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 Page 7 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. 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 fifty percent (50%) of the stock having the right to vote for the election of directors of Company. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for fifteen (15) years commencing when dirt work (modification to existing land) first begins on any portion of the Property or when Page 8 renovation or modification first begins to existing improvements or facilities on the described property. 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 TO COMPANY City of Beaumont Eastman Chemical Company Attn: City Manager Corporate Tax, Property Tax Manager 801 Main Street P. O. Box 431 P. O. Box 3827 Kingsport, Tennessee 37662-5280 Beaumont, Texas 77704 IN WITNESS THEREOF, this Agreement, consisting of nine pages plus Exhibit "A" is executed in duplicate counterparts as of this day of December, 2008. CITY OF BEAUMONT, TEXAS By: Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk EASTMAN CHEMICAL COMPANY By: ATTEST: Ronald C. Lindsay, Senior Vice President Corporate Strategy and Regional Leadership Page 9 EXHIBIT "A" i EXHIBIT "A" ASTMAN SURVEYS LEGAL DESCRIPTIONS December 2, 2008 PARCEL A. TRIANGLE MARINE 1.. r I tie Y s rocme.� ., SURVEY ,-11 >;.w PARCEL A. TRIANGLE MARINE �R� f •PAR�c- A- i LEGAL DESCRIPTION PARCEL A. TRIANGLE MARINE EXHIBiT"All , TRACT ONE I Legal Description: 4.6344 Acre Tract or Parcel of Land i Part of Lots 8,9,& 10 of the undesignated portion of the Resubdivision of the Daniel Lewis Land Volume 1,Page 44,Map Records Phelam Humphry League,Abstract No.32 1 Jefferson County,Texas t BEING a 4.6344 acre tract or parcel of land situated in the Phelan Humphry League,Abstract No. 32,Jefferson County,Texas and being the remainder of Lots 8,9,&10 of the Resubdivision of the Daniel Lewis Land in the Phelan Humphry League as recorded in Volume 1,Page 44,Map Records, Jefferson County,Texas and also being all of that certain called 4.6453 acre tract of land,identified i 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 File No. 98-9821354,Official Public Records of Real Property, Jefferson County, Texas, said 4.6344 acre tract being more particularly described"as follows: j NOTE. All bearings are based on the Northeasterly line of that certain called _ I 4.6453 acre tract, 'identified as Tract One, as described in a "Special Warranty I Deed"from Edward P. deZevallos and Robert Price, Jr. to Jefferson Triangle ' O 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"EAST. I f BEGINNING at a 5/8"iron rod found for the most Northerly corner of the tract herein described, 1 said corner also being the intersection of the Northerly line of the said Lot 8 and the Westerly right- I � of-way line of the Kansas City Southern Railroad(based on a width of 100 feet); THENCE SOUTH 44°2908"EAST,along and with the Westerly right-of-way line of the Kansas City Southern Railroad,for a distance of 714.22 feet to a 5/8"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"Special Warranty Deed" from Bo-Mac Contractors, Ltd, to Camille J. Landry, Mitchell P. Lanchy 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; THENCE SOUTH 45 024'51"WEST,for the boundary between the tract herein 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 .s Exhibit"A"-Page 1 E • i s I ' I Crane&Rigging Co.tract,the mostNortherly comer of that certain called 0.846 acre tract of land, C =' identified as Tract One,as described in a"Special Warranty Deed"from Bo-Mac Contractors,Ltd.to Camille J.Landry,Mitchell P.Landry andRegina 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 that certain called 0.2153 acre tract of land as described in a "Warranty Deed" from MKC Energy Investments, Inc. to Camille J. Landry, I Mitchell P.Landry and Regina M.Landry d/b/a Deep South Crane&Rigging Co.as recorded in . Clerk's File No.2004003596,Official Public Records of Real Property,Jefferson County,Texas; THENCE NORTH 47 055'06"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 line 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 191137" EAST with a chord length of 120.77 feet; THENCE NORTHEASTERLY, along and with the Northeasterly right-of-way line of State i Highway No. 347 and along and with said curve, for an are length of 121.21 feet to a Texas Department of Transportation concrete monument(broken)found for corner; 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 j O concrete monument found for corner; I i THENCE NORTH 38-1129"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 comer; THENCE SOUTH 46°33132"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 i concrete monument found for comer; f THENCE NORTH 38°17'20"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 5/8" iron rod found for corner,said corner being in the common line between the said.Lot 8 and Lot 1 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. TYZACT TWO UExhibit"A"-Page 2 i 1 i • E E nLegal Description: 21.1268 Acre Tract or Parcel of Land J Phelan Humphry League,Abstract No.32 j Jefferson County,Texas I BEING a 21.1268 acre tract or parcel of land situated in the Phelam Humphry League,Abstract No. i 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.P.as recorded in Clerk`s File No. 98-9821354, Official.Public Records of Real Property, Jefferson County, Texas, said 21.1268 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 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 File No.98-9821354, Official Publid Records of Real Property,Jefferson County, Texas as SOUTH 44°20'08"EAST. BEGINNING at a 5/8"iron rod found for the most Easterly corner of the tract herein described,said i corner also being the most Northerly corner of that certain called 20.03 acre tract of land as described in a "Special Warranty Deed" from Phillip A. Roebuck to The Phillip A. Roebuck Family Partnership, Ltd. as recorded in Clerk's File No. 97-9731390, Official Public Records of Real Property,Jefferson County,Texas and said corner also being in the Westerlyright-of-way line of the Kansas City Southern Railroad(based on a width of 100 feet); ; THENCE SOUTH 47 005145"WEST,for the boundary between the tract herein described and the said 20.03 acre The Phillip A.Roebuck Family Partnership,Ltd.tract,for a distance of 1203.93 feet l to a 1/2"iron rod found for corner,said corner being in the Northeasterly right-of-way line of State HighwayNo.347 and being the most Westerly corner of the said 20.03 acre The Phillip A.Roebuck Family Partnership,Ltd.tract and said corner also being the beginning of a curve to the right having a radius of 3685.83 feet and being subtended by a chord bearing NORTH 35°50'30"WEST with a chord length of 621.42 feet; THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way line of State Highway No. 347 aid 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 29 042'58"WEST with a chord length of 81.50 feet; ! i 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 arc length of 81.51 feet to a 1/2" Exhibit"A"-Page 3 f iron rod found for corner, said comer 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 47°3734"EAST,along and with the Southeasterly line ofthe said 100 footwide Texas Department of Transportation drainage ditch,for a distance of 583.89 feet to a 5/8"iron rod found for corner; THENCE NORTH 02"27-15"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 5/8"iron rod found for comer; THENCE NORTH 47°09'58--EAST,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 44019'05"EAST,along and with the Westerly right-of-way line of the Kansas City Southern Railroad,for a distance of 1065.14 feet to the POINT OF BEGINNING and containing 21.1268 ACRES,more or less. TRACT THREE A Legal Description: 5.8766 Acre Tract or Parcel of Land Phelam Humphry League,Abstract No.32 Jefferson County,Texas BEING a 5.8766 acre tract or parcel of land situated in the Phelam 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 in 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. deZevailos and Robert Price,Jr.to Jefferson Triangle Marine,L.P.as recorded in Clerk's File No. I 98-9821354,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 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 File No.98-9821354,Official Public Records of i Exhibit"A" -Page 4 � I i Steal Property, Jefferson County; Texas as SOUTH 44°20'08"EAST. All set 518" i i iron rods set with a cap stamped"M W. Whiteley&Associates". 4 BEGINNING at a"T"rail found for the most Northerly corner of the tract herein described,said comer also being the intersection o£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 comer of said 300 foot strip and said corner also being the most Westerly comer of that certain called 3.1656 acre tract,identified as Tract Five A,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 File No. 98-9821354, 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 tract herein described and the said 3.1656 acre Jefferson Triangle Marine,L.P.tract,for a distance of 444.90 feet to a 5/8"iron rod found for corner,said comer being the most Southerly corner of the said 3.1656 acre Jefferson Triangle Marine,L.P.tract and in the Westerly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded hi Volume 1476,Page 76,Deed Records,Jefferson County,Texas; THENCE SOUTH 04 1131142"EAST, along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distance of 22531 feet to a 5/8"iron rod found for corner; oTHENCE SOUTH 4103756"EAST,continuing along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distance of 485.69 feet to a 5/8" iron rod found for corner; THENCE SOUTH 10 009126"EAST,continuing along and with the Westerly line of the said 100 I foot wide Texas Department of Transportation drainage ditch,for a distance of 230.28 feet to a 5/8" iron rod set for corner; f THENCE SOUTH 45°2632"WEST,continuing along and with the Westerly line of the said 100 I foot wide Texas Department of Transportation drainage ditch,for a distance of 3.82 feet to a 5/8" J iron rod set for comer,said corner.also being in the Easterly right-of-way line of the Kansas City Southern Railroad(based on a width of 100 feet); THENCE 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 5/8"iron rod set for corner,said corner F being in the Northwest line of the said Phelam Humphry League; . i Exhibit"A"-Page 5 i • j � I i i I THENCE NORTH 45 028'30" BAST, 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 less. TRACT FOUR A Legal Description: 22.8591 Acre Tract or Parcel of Land Jeff and James Chaison Survey,Abstract No.435 Jefferson County,Texas BEING a22.8591 acre tractor parcel of land situated in the Jeff and James Chaison Survey,Abstract No. 435,Jefferson County,Texas,the same being a portion of that certain called 150 acres of land conveyed by Perry McFaddin Duncan, Camelia B. McFaddin, a feme sole, Di Vernon McFaddin Cordts and husband,S.G.Cordts,Mamie McFaddin 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.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,said 22.8591 acre tract being more particularly described as follows: NOTE. All bearings are based on the Northeasterly line of that certain called 4.5453 acre tract, identified a�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 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 with a cap stamped"M.W. Whiteley&Assoctates". COMMENCING 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 Chaison Survey,AbstractNo.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 being an interior ell corner of the remainder of that certain called 203.2524 acre tract of land,identified as Tract Five B,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 File No. 98-9821354, Official Public Records of Real Property,Jefferson County,Texas and an exterior ell corner ofthat certain called 123.9203 acre tract of land,identified as Tract Four B,as described in a"Special Warranty Deed"from Edward P.deZevallos and Robert Price, Jr. to Jefferson Triangle Marine,L.P. as recorded in CIerles File No. 98-9821354, Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 89 058'05"WEST,along and with the South line of the said 123.9203 acre Jefferson Triangle Marine,L.P.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 OExhibit"A"-Page 6 I I comer,said corner being the Southwest corner ofthe said 123.9203 acre Jefferson Triangle Marine,L.P. 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 NORTH89P56'43" WEST, over and across the said 100 foot wide Texas Department 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 3 82A0 feet to a 1"iron pipe found for comer; 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 IP 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 LaMonlc-a Ltd.as recorded in Clerk's File No.200303 8403,Official Public.Records of Real Property, Jefferson County,Texas; . THENCE NORTH 01°20'03 EAST,for the boundary between the tract heroin described and the said 318.35 acre LaMonica,Ltd,tract,for a distance of 995.53 feet to a V iron pipe found for comer,said corner being in the South line of a Canal for barge traffic from W.P.H.McFaddin to United Oil and O Refining Co.as recorded In Volume 80,Page 292,Deed Records,Jefferson County,Texas and Volume 93,Pap 450,Deed Records,Jefferson County,Texas; THENCE NORTH 70°27'51"BAST,along and with the South line of the said Canal,for a distance of 1 98.41 feet to a 1" iron pipe found for corner; THENCE NORTH 72°45'38"EAST,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 82000'171L BAST,continuing along and with the South line of the said Canal,for a distance of 400.87 feet to a 518"iron rod set for comer,said comer being the intersection ofthe South line of the said Canal and the West line of the said 100 foot wide Texas Department of Transportation drainage ditch; THENCE SOUTH 01°48'50" WEST, along and with the West line of the said 100 foot wide Texas Department of Transportation "nago ditch, for a distance of 1215.58 feet to the POINT OF BEGINNING and containing 22.8591 ACRES,more or less. TRACT FOUR B Legal Description: 123.9004 Acre Tract or Parcel of Land Exhibit"A!'-Page 7 I I Jeff and James Chaison Survey,Abstract No.435 Pierre Lemane Survey,Abstract No. 163 W.P.H.McFaddin Survey,Abstract No.689 Jefferson County,Texas BEING a 123.9004 acre tract or parcel of land situated in the Jeff and James Chaison Survey,Abstract No.435,Pierre Lemane Survey,Abstract No.163 and the W.P.H.McFaddin Survey,AbstractNo.689, Jefferson 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 McFaddin Cordts'and husband,E.G. I Cordts, Mamie McFaddin 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 being all of that certain called 123.9203 acre tract of land,identified as Tract Four B,as described in a"Special Warranty Deed"from Edward P.deZevallos and RobertPrice,•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, said 123.9004 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 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 File No. 98,9821354, Offcial Public Records of Real Property, Jefferson Courtly, Texas as SOUTH 44°20'08"EAST All set 518"iron rods set with a '. cap stamped"M..W Whiteley&Associates". BEGINNING at an axle found for the intersection ofthe most Southerly Northwest boundary line of the Pbelam Humphry League,Abstract No.32,Jefferson County,Texas,and the most Southerly Southeast I comer of the Jeff and James Chaison Survey,Abstract No.435 as said line was established by an agreed j judgment in Cause No.1219,said corner also being the most Easterly corner ofthe said John A.Veatch Survey,Abstract No.55,Jefferson County,Texas and said corner also being an interior ell comer of the remainder of that certain called 203.2524 acre tract of land,identified as Tract Five B,as described in a "Special Warranty Deed"from Edward P.deZevallos and Robert Price,Jr.to Jefferson Triangle Marine, L.P. as recorded in Clerles File No. 98-9821354,Official Public Records of Real Property,Jefferson County,Texas and an exterior ell corner of the said 123.9203 Jefferson Triangle Marine,L.P.; THENCE SOUTH 89 058'05"WEST,along and with the South line ofthe said 123.9203 acre Jefferson j Triangle Marine,L.P.tract,the'same being fhe 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 ofthe said 123.9203 acre Jefferson Triangle Marine,L.P. tract and in the East line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476,Page 76,Deed Records,Jefferson County,Texas; THL�NCE 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 518"iron rod found for corner,said comer 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 from W.P.H.McFaddin to United Oil and OExhibit"A" -Page 8 C^� 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 k I 5095.88 feet to a 1"iron pipe found for comer,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 find or set corner),said corner being on the most North line of that certain called "one acre square" tract of land conveyed by Clyde A. Barbour to The Texas Company as recorded in Volume 1043 Page 507,Deed Records,Jefferson County,Texas; THENCE NORTH 89 05 5`27"WEST,alongthe North line of said Texas Company tract,for a distance of 104.10 feet to a point for corner(unable to find or set comer); THENCE SOUTH 0105 P58"WEST,along the West line of said Texas Company tract,for a distance of 208.71 feet to a 518"iron rod found for comer,and said corner being in the North line ofthe remainder of the said 203.2524 acre Jefferson Triangle Marine,L.P.tract and in the common line between the W.P.H McFaddin Survey and the said Phelam Humphry League; THENCE NORTH 89 008102" WEST, for the boundary between the tract herein described and the remainder of the said 203.2524 acre Jefferson Triangle Marine,L.P.tract,the same being the common L line between the said Phelam Humphry League and the said W.P.H.McFaddin Survey,the said Pierre Leman Survey and the said Jeff and James Chaison Survey,for a distance of 5108.29 feet to a point for corner(unable to find or set corner),said corner also being an exterior ell corner ofthe remainder ofthe said 203.2524 acre Jefferson Triangle Marine,L.P.tract and also an exterior ell comer ofthe said Phelam Humphry League and an interior ell comer of the said Jeff and James Chaison Survey; I THENCE SOUTH 00 037'20" WEST, for the boundary between the tract herein described and the remainder of the said 203.2524 acre Jefferson Triangle Marine,L.P.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 123.9004 ACRES,more or less. TRACT FIVE A Legal Description: 3.1638 Acre Tract or Parcel of Land i Phelam Humphry League,Abstract No'.32 i Jefferson County,Texas BEING a 3.1638 dare tract or parcel of land situated in the Phelam Humphry League,Abstract No. 32,Jefferson County,Texas and being a portion of the 208.38 acres of land conveyed by Stanolind 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 1� Exhibit"A"-Page 9 . s r as Tract Dive A,as described in a"Special Warranty Deed"from Edward P.deZevallos and Robert i 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, said 3.1638 acre tract being more j particularly described as follows: NOTE. All bearings 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. deZevallos and Robert Price, Jr. to Jefferson Triangle Marine,L.P.as recorded in Clerk's FYIe No.98-9821354, Official Public Records of Real Property, Jeff"erson County, Texas as SOUTH 44°20'08"EAST. All set 518" iron rods set with a cap stamped"M.W. Whiteley&Associates". BEGINNING at a "T"rail found for the most Westerly corner of the tract herein described,said corner 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,Texas,also being the most Northerly coiner of that certain called 5.8735.,acre tract, identified as Tract Three-A, 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 File No. 98-9821354,Official Public Records of Real Property,Jefferson County,Texas; THENCE NORTH 45028'30" EAST, along and with the Northwesterly line of the said Phelam j Humphry League,for a distance of 672.47 feet to a5/8"iron rod found for corner,said comer being in the Westerly line of a 100 foot wide Texas Department of Transportation drainage ditch as i recorded in Volume 1476,Page 76,Deed Records,Jefferson County,Texas; i THENCE SOUTH 01°58'31" WEST,along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distance of 161.21 feet to a 518"iron rod found for corner; THENCE SOUTH 23.40-34"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 feat to a 5/8" , iron rod found for corner; i THENCE SOUTH 04°30'21"EAST,continuing along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a 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 n exterior ell corner of the said 5.8735 Jefferson Triangle i g angle Maxine,L.P.tract; . THENCE NORTH 44°20'52"WEST,along and with the Northeasterly line ofthe said 300 foot strip and for the boundary between the tract herein described and the said 5.8735 Jefferson Triangle Exhibit"A"-Page 10 ' i � I Marione,L.P.tract,for a distance of 444.90 feet to the POINT OF BEGINNING and containing 3.1638 ACRES,.more or less. 4 TRACT FIVE B Legal Description: 192.5857 Acre Tract or Parcel of Land Phelam Humphry League,Abstract No.32 Jefferson County,Texas BEING a 192.5857 acre tract or parcel of land situated in the Phelam Humphry League,Abstract C No.32,Jefferson County,Texas and being out of and part of that certain called 208.38 acres of land conveyed by Stanolind Oil Purchasing Company to Texas Cralf 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 B,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 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"from Palmera Properties,Inc.to Martin Gas Sales,Inc.as recorded in Clerk's File No.98-9814112,Official Public Records of Real Property,Jefferson County,Texas,said 192.5857 acre tract being more particularly described as follows: ONOTE: A11 bearings 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. 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 SOUTH 44 020108"EAST. All set 518" iron rods set with a cap stamped"M.W. Whiteley&Associates'. BEGINNING at an axle found for the intersection of the most SoutherlyNorthwest boundary line of the Phelam Humphry League,Abstract No. 32,Jefferson,County,Texas,and the most Southerly Southeast coiner of the Jeff and James Chaison Survey,AbstractNo.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 being an exterior ell corner of the said 123.9203 acre tract of land,identified as Tract four B,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 File No.98-9821354,Official Public Records of Real Property, Jefferson County,Texas; Exhibit"A"-Page 11 �III 1 i , l / THENCE NORTH 00°37'20"EAST,for the boundary between the tract herein described and the said 123.9203 acre Jefferson Triangle Marine,L.P.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 feetto a point for comer(unable to find or set corner), said comer being an interior ell corner of the said 123.9203 acre Jefferson Triangle Marine,L.P.tract; THENCE SOUTH 89 008'02"EAST,for the boundary between the tract herein described and the said ; 123.9203 acre Jefferson Triangle Marine,L.P.tract,the same being the common line between the said Phelam Humphry League and the said Jeff and James Chaison Survey, the Pierre Lemane Survey, Abstract No. 163 and the W. P.H.McFaddin Survey,Abstract No. 689,Jefferson County,Texas and passing at a distance of 5108.29 feet a 5/8"iron found for corner,said comer being the Southeast corner of the said 123.9203 acre Jefferson Triangle Marine,L.P.tract and continuing for a distance of 5317.00 feet to a point for corner on the old bank of the Neches River(unable to find or set corner); THENCE, SOUTH 20 039'20"EAST,along and with the old bank ofthe Neches River,for a distance of 570.00 feet to a point for comer(unable to find or set corner); I THENCE SOUTH 10 04759"EAST,continuing along and with the old bank of the Neches River, for a distance of 485.92 feet to a point for corner(unable to find or set comer); THENCE NORTH 89°01'40"WEST,for the boundary between the tract herein described and that certain called 461.42 acre tract,identified as TRACT A,as described in a"Special Warranty Deed" I from BP Pipelines(North America)Inc.to Oiltanking Beaumont Partners,L.P.as recorded iri Clerk's File No.2001014848,Official Public Records of Real Property,Jefferson County,Texas,passing at i a distance of 86.85 a 5/8"iron rod found for reference,passing at a distance of2381.47 feet a found 3"aluminum pipe,passing at a distance of 2791.17 feet a 3"aluminum pipe and continuing for a total distance of 3257.86 feetto a 5/8"iron rod found for comer,said corner also being an exterior ell comer of the said 461.42 acre Oiltanking Beaumont Partners,L.P.tract; THENCE SOUTH 45 025'18"WEST,continuing for the boundary between the tract herein described and the said 461.42 acre Oiltanking Beaumont Partners,L.P.tract,for a distance of 2730.75 feetto a 5/8"iron rod set for corner,said corner being an exterior ell corner ofthe said 461.42 acre Oiltanking Beaumont Partners,L.P.tract and said corner also being in the Northeasterly line of that certain 300 foot strip as described in WarrantyDeed from J.T.Shelbyto 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 23.5505 acre tract,identified as Tract Three—B,as described in a"Special Warranty Deed"from Edward P.deZevallos and Robert Price,Jr,to Triangle Raityard, L.P.as recorded in Clerk`s File No. 1999043482,Official Public Records of Real Property,Jefferson County,Texas; ! THENCE NORTH 44°20'33"WEST,for the boundary between the tract herein described and the said 23.5505 acre Triangle Railyard,L.P.tract,for a distance of 1399.09 feet to a 5/8"iron rod found Exhibit"A"-Page 12 for corner,said corner being the most Northerly coiner of the said 23.5505 acre Triangle Railyard, `•.._ L.P. tract and also 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 04°26'05"WEST,along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distance of 313.59 feet to a 5/8"iron rod found for corner, THENCE NORTH 23°40'23"EAST,continuing along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distance of 442.57 feet to a 5/8" ! iron rod found for comer; 'WHENCE NORTH 01°56'02"EAST,continuing along and with the Easterly line 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 comer, said corner being in the Northwesterly line of the Phelam Humphry 1 ' League; THENCE NORTH,45°21'25"EAST,along and with the Northwesterly line of the Phelam Humphty League,for a distance of 566,11 feet to the POINT OF BEGINNING and containing 203.2536 acres,more or less save and except the above referenced 10.6679 acre Martin Gas Sales,Inc.thereby j leaving a net acreage of 192.5857 acres,more or less, i!z I f i I Exhibit"A'-Page 13 I F i Tract Three B f ' TRIANGLE RAILYARD, •L.P. Centerfine description for a Proposed 36" Pipeline extending over, through, along and across a 23.5505 acre tract of land, being described in Document Number 98-8814109, situated in the Pelham Humphries Survey, Abstract 32, and recorded In the Ocunty Cleric's Office of Jefferson County,Texas. _ Bearings are based an the Taxes Coordinate System,South Central Zone. The Centerline of the above said 35'Pipeline Is described as follows: BEGINNING at a point on the East One of the above said 23.5508 acre tract of land,said "POINT OF BEGINNING'being North 47°12'46"West,a distance of 803.5 feet from a 3/8"Iron rod Inside a 2"Iron pipe(in concrete)found at the Southeast comer of sold 23.5505 acre tract; THENCE, South 42 047'12"West;a distance of 300.0 feet to the"POINT OF EXIT'in the West line of said 23.5505 acre tract;said"POINT OF EXIT"being North 47 01248"West a distance of 540.0 feet from a calculated comer,and the Southwest comer of said 23.5505 acre tract. Total Rods:18.18 Plat Attached • i! . I i 's t PARCEL B . DUPONT LAND 21ff �2 _ �- L •'+rP mil^-'}M�/ � :c+.-n,•��\ - ., {{ { S.._ �'i_._�•e+_. ice'^ _ .. \`'�\\ {.. iv; " f -_.. .�_� J r x_i.. 1 ...-.i -`IK0l3Tk1�L N,4/H•. ,e.,� Y MMT LOCA110N FLAN • 'Y�er..T— �_.. _ _ _._._ OfMFQ1 NDTfs- I r- .ma,n-�`•c''` _. . . _.. - .. nsTf,�..SN LAND TITLE ....... `sup Er f �w � 4« tM!One 11af>, .K • .. .. .,.. .._.. _'. r.... ....... - ., .. /xx;TM -IT • rWIL I`i ~• 1 e >, -r i .f/.T.l/JGiA'�[{;1C 7TL1'S'l1Hr'EY Of' OQHO.Ni• HLHGrr OF Hi r{,anar/Mvsmuti;/m t /H rile //UVF:-whs[G{Cete.A&TTRjer:r, r8 ✓.S 10Na'5-771.V S{.%PYF.Y, r&MVcT,IO J, JfF/'E'�SD.v CO[INYJ'TE:G'_>' SURVEY . �x W1IRTECH ��•-�^••'•• LEGAL DESCRIPTION PARCEL B. DUPONT C TyXH1fS1CT"A" { t 114.560 Acres of Land E BEING 114.560 acres of land described in Two(2)tracts and being out of and a part of those certain tracts deeded to E.1.du Pont de Nemours and Company more fully described as 3.224 acres described as McFaddin Access Strip No. 1,3.189 acres described as Weiss Access Strip, 124.708 acres recorded in Volume 845,Page 63,23.70 acres recorded in Volume 1865,Page 58,20.406 acres recorded in Volume 1865,Page 68,45.98 acres described as Tract"A'recorded in Volume 1865,Page 120 and 10.270 acres recorded in Volume 1865,Page 128 of the Deed Records of Jefferson County, Texas. Said 114.560 acres of land also being a part of the DuPont-Beaumont Industrial Site No. 1 Subdivision recorded in Volume 15,Page 4 of the Map Records and part of the DuPont-Beaumont Works Industrial Park Subdivision recorded in Clerk's File No. 2006048240 and being Lots 4 and 5 of the Replat of Dupont-Beaumont Industrial Site No..1 in Clerks'File No.2007037934 of said Jefferson County and being situated in the Pelham Humphries League,Abstract No.32,and the J.S.Johnston Survey,Abstract No. 34,Jefferson County,Texas and being more particularly described as follows: TRACT ONE—46.796 Acres(Lot-4) BEGINNING at a 112 inch iron rod found for the West comer of said du Pont 23.70 acre tract,same being in the Southwest line of the McFaddin Canal No.2 and being in the Northeast line of the Kansas City Southern Railway Company(100 feet wide right-of- way); THENCE in a Southeasterly direction along and with the Northeast line of said du Pont 3 23.70 acre tract,same being the Southwest he of said McFaddin Canal No.2 as follows: South 81 dog.03 min.52 sec.East South,a distance of 360.94 feet to a I inch iron rod found in concrete for angle corner; South 60 deg.48 min. 56 sec.East,a distance of 177.38 feet to a 1 inch iron rod found in concrete for angle comer; i South 54 deg. 13 min.40 sec. East,a distance of 816.68 feet to a I inch iron rod found in concrete for angle comer; South 58 deg.50 min.40 sec.East,a distance of 377.04 feet to a railroad rail found for angle corner; South 59 deg.23 min. 15 sec.East,a distance of 536.04 feet to a 5/8 iron rod with cap stamped"WORTECH SURVEYORS"set for angle comer; South 59 deg.53 min. 15 sec.East,a distance of 290.26 feet(289.7 feet)to a 1 inch iron rod found in concrete for the East corner of said du Pont 23.70 acre tract,same being in the most Southerly Northwest lime of said du font 124.708 acre tract and Lot 3 of said Industrial Site No. 1 Subdivision; i 1 d I 4 THENCE North 74 deg.01 min.46 sec.East,a distance of 433.33 feet to a 5/8 iron rod with cap stamped"WORTECH SURVEYORS"set for corner; THENCE South 44 deg. 07 min.41 sec.East,a distance of 764.00 feet to a 5/8 iron rod with cap stamped"WORTECH SURVEYORS"set for corner; THENCE South 45 deg.52 min. 19 sec.West,a distance of 943.49 feet to a 5/8 iron rod with cap stamped"WORTECH SURVEYORS"set in the Southwest line of said du font 124.708 acre tract,same being the Northeast line of said Kansas City Southern Railway Company right-of-way, THENCE North 44 deg.06 min.57 sec.West along and with the Southwest line of said du Pont 124.708 acre tract,same being the Northeast line of said Kansas City Southern Railway Company right-of--way,a distance of 1057.97 feet to a 1 inch iron rod found in concrete for the West corner of said du Pont 124.708 acre tract,same being the South corner of said du Pont 23.70 acre tract; THENCE North 44 deg.07 min.00 sec.West along and with the Southwest line of said du Pont 23.70 acre tract,sauce being the Northeast line of said Kansas City Southern Railway Company right-of-way,a distance of 2,505.30 feet to the PLACE OF BEGINNING,containing 46.796 acres of land,more or less. TRACT TWO—67.764 Acres(Lot 5) BEGINNING at a I inch iron pipe found in concrete for the West corner of said du Pont 10,270 acre tract,same being the South corner of said du Pont 20.406 acre tract and being in the Northeast line of State Highway No. 347(200 feet wide right-of-way); THENCE North 47 deg.54 min. 18 sec.West along and with the most Southerly Southwest line of said du Pont 20.406 acre tract,same being the Northeast line of said State Highway No.347,a distance of 934.65 feet to a 2 inch iron pipe found in concrete for the most Southerly West corner of said du Pont 20.406 acre tract,same being the South corner of that certain Gulf States Utilities Company called 0,576 acre tract of land, I more fully described and recorded in Volume 1320,Page 85 of said Deed Records; • I THENCE North 43 deg.25 min. 19 sec.East along and with the most Southerly Northwest line of said du Pont 20.406 acre tract,same being the Southeast line of said Gulf States Utilities Company 0.576 acre tract,a distance of 100.00 feet to a point for the East corner of said Gulf States Utilities Company 0.576 acre tract,same being an ell i corner of said du Pont 20.406 acre tract(UnabI�to set or find. Point falls inside fenced in power station site.); THENCE North 47 deg.53 Hain.41 sec.West along and with the most Northerly Southwest line of said du Pont 20.406 acre tract,same being the Northeast line of said Gulf States Utilities Company 0.576 acre tract,a distance of 251.61 feet to a 518 iron rod I 1 1 with cap stamped"WORTECH SUR'V'EYORS"set for the most Northerly West corner of said du Pont 20.406 acre tract,same being the North corner of said Gulf States Utilities Company 0.576 acre tract,same being in the Southeast line of said remainder of du Pont 3.189 acre tract; THENCE South 43 deg.25 min. 19 sec.West along and with the Southeast line of said remainder of du Pont 3.189 acre tract,same being the Northwest line of said Gulf States Utilities Company 0.576 acre tract,a distance of 100.14 feet to a concrete monument (broken)found for the South comer of the remainder of said du Pont 3.189 acre tract, same being the West corner of said Gulf States Utilities Company 0.576 acre tract,and being in the Northeast right-of-way line of said State Highway No.347; THENCE North 47 deg. 55 min.06 sec.West along and with the Southwest line of said remainder of du Pont 3.189 acre tract and said remainder of 3.224 acre tract,same being the Northeast line of said State Highway No.347,a distance of 299.62 feet to a 1.1/2 inch iron pipe found in concrete for the West comer of said remainder of du Pont 3.224 acre tract,same being the South corner of said du Pont 45.98 acre tract; THENCE North 48 deg.02 min.44 sec,West along and with the Southwest line of said du Pont 45.98 acre tract,same being the Northeast line of said State Highway No. 347,a distance of 1901.35 feet to a 1/2 inch iron rod with cap stamped"SPI INC"for the West corner of Lot 5 of said DuPont-Beaumont Works Industrial Park Subdivision,same being the South comer of Lot 4 of said DuPont-Beaumont Works Industrial Park Subdivision; THENCE North 47 deg.55 min.03 sec.East along and with the Northwest line of said Lot 5 of said DuPont-Beaumont Works Industrial Park Subdivision,same being the Southeast line of Lot 4 of said DuPont-Beaumont Works Industrial Park Subdivision,a distance of 966.20 feet to a 1/2 inch iron rod with cap stamped"SPI INC"for the North corner of Lot 5 of said DuPont-Beaumont Works Industrial Park Subdivision,same being the East corner of Lot 4 of said DuPont-Beaumont Works Industrial Park Subdivision and being in the Northeast line of said du Pont 45.98 acre tract,same being the Southwest right-of-way line of said Kansas City Southern Railway Company(100 feet wide right- of-way); THENCE South 44 deg.06 min.57 sec.East along and with the Northeast line of said Lot 5 and du Pont 45.98 acre tract,same being the Southwest line of said Kansas City Southern Railway Company right-o£--way,a distance of 1826.68 feet to a 1-1/2 inch iron pipe with cap found in concrete for the East corner of said du Pont 45.98 acre tract,same being the North corner of the remainder of said du Pont 3.224 acre tract; THENCE South 44 deg.07 min.30 see.East along and with the Northeast line of said Lot 5 and remainder of du Pont 3.224 acre tract,said 3.189 acre tract,said 20.406 acre tract and said 10.270 acre tract,same being the Southwest line of said Kansas City Southern Railway Company right-of-way,a distance of 1660.14 feet to a 5/8"iron rod with cap stamped"WORTECH SURVEYORS"set for comer; 1 THENCE South 42 deg.22 min. 19 sec. West,a distance of 726.24 feet to a 5/8 inch iron rod with cap stamped"WORTECH SURVEYORS"set for corner in the Southwest line of said du Pont 10.270 acre tract,and being in the Northeast right-of-way line of said State Highway No.347; F THENCE North 47 deg. 54 min. 13 see.West along and with the Southwest line of said du Pont 10.270 acre tract,same being the Northeast line of said State Highway No.347,a distance of 186.51 feet to the PLACE OF BEGINNING,containing 67.764 acres of land, more or less. \4798507.2(Rev.9-28-07) i I� i PARCEL C . i „rte Jill, , �, 1 r��1 i4�li• �� �� �9 g f. r r PA,i Ii4 ii33[ ui ;i�lfi 9 � 1 AA ASS SURVEY PARCEL C. it 1 - 1 1 ♦y�� 4 4 t / /- / r_ r /” �1 No $ k; ,4 �f'� ,fl f �1•N ��� • - � 4 S � T S PARCEL D . TERRA ASSETS i I +tax ; 9 9 `� I I / t 4 F k • tt c et 4' , v 1 91 r I! 1� 4 s9►, 5i � ' ' � MET PIFO les PS Ad s Uj Key IAAF- LEGAL DESCRIPTION PARCEL D. TERRA ASSETS E)MIBIT "A" DESCRIPTION OF DEMISED PREMISES Lot. 1 of the Du Pont-Beaumont Industrial Sites Subdivision: BEING a 12.8175 acre tract of land in the Pelham Humphries League in Jefferson County, Texas and also being out of a 124 acre tract conveyed by Wesley W. Kyle, et al to E.I.du Pont deNemours and Company by deed dated December 14, 1951 and being recorded in Volume 845, Page 33, Deed Records of Jefferson County and said 12.8175 acre tract being sometimes also known as Lot No. 1, of the Du Pont-Beaumont Industrial Sites Subdivision that was recorded on November 19, 1991 in Volume 15, Page 4 of the Map Records. Lot 2 of the Du Pont-Beaumont Industrial Sites Subdivision: BEING a 13.5237 acre tract of land in the Pelham Humphries League in Jefferson County, Texas and also being out of a 124 acre tract conveyed by Wesley W. Kyle, et al to E.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 and said 13.5237 acre tract being sometimes also known as Lot 2 of the Du Pont-Beaumont Industrial Sites Subdivision that was recorded on November 19, 1991 in Volume 15, Page 4 , Map Records of Jefferson County, Texas. Together with all other easements, tenements, hereditaments and appurtenances thereto, including, without limitation, the easements created pursuant to the Declaration of Easements and appurtenant to the foregoing parcels. J LOTS 6, 7, 8, 9 TO CLOSE IN 2009 Ell PARCEL E . TWIN CITIES cr-w.... ��,>•::� rte...; ....�-,.ro-r •^^'9 �-' .'^. -'u� a � Ji• G i•: yyY..�J.. ". ��iqr„��if��dnwf� .l.d': �,_•�•�.1�..w+.p - .•y.•`"—nnx.,��'."!"� r Seat iLfllm 5VO7/Yf X'WI 1.'1Pl W•Wall AWMM Anal •'^t;.P-':."f': .,.wn:�. �. -> '� .w�. S31113 NWU '3 133HVd ! 'um+mnP m wssra • i i� i �. �I waw mluem i :: , ouYaUMU ATQ=l um (I LAMA s:uanos,ae:r 4 il: `! I AN/ ; §3a�#dia3�l�r � Ik•;��� i l: 1 .,»�.».�..:+m.r re aM;w.ti.w1»•iann-W y � ` �j���`.�:! .r_'S' (d,V r�.,V� ..�..:e.+r.•-�awl..w we..e..,.:.:.....��,u»u w: � -tjn; ;i . «.ar..r;.sF.r..�Pe.an.�,•�wk.�++',a'.,i,°q`..'.,"..., I �'�i`�i;' � m•,.x ...-.,.vn .v•��+'4w v'�S:..ttwfpi�JTT, I .t�' ,.'j .i,vV�µ».u a rlww;a�..yyr e4 e.rro a • ,,� C-,o.,r. nw.y n.,rv+P 4w.n,/^�w,• r'F I Irk� f PiNa«e a r.�w.ww I t.,� 1 1 "4a,n�•.:i+w.w iPe.w..e.:w......v..w.'':•+...a � .LS aVI L�itr�ryl 411 .=es w H ww 1 ml...:w w Pry , i.•a:wavy?) i ' �I 7 �fftt.N�•r. i � S 1 .. - ... i I LEGAL DESCRIPTION j PARCEL E. TWIN CITIES Exhibit A Property s I Legal Description: 20.0281 Acre Tract or Parcel of Land Phelam Humpbry League,Abstract No. 32 Jefferson County,Texas BEING a 20.0281 acre tract or parcel of land situated in the Phelam Humphry League,Abstract I No.32,Jefferson County,Texas and being all of that certain cared 20.03 acre tract of land as I described in a"Special Warranty Deed"from Phillip A.Roebuck to The Phillip A.Roebuck Family Partnership,Ltd as recorded-in Qedes.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 File•No.97-9731389,Official Public Records of Real Property,Jefferson County,Texas,said 20.0281 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, identifled as Tract One, ai describdd in a."Special Warranty Deed"from Edward P'deZevallos and Robert Pricer Jr. to Jefferson Triangle Marine, LP. as recorded in C'lerk's FYje'2V&. 98.:9821354, Official Public Records j of Real Property,Jefferson County,.Texas as SOUTH 44°20'08"EAST. i 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,reWainder of that certain called 27.18 acre tract of land,identified as TRACT B,as described in a."Special Warranty Deed"from BP i Pipelines(North America)Inc.to Oiltanidng Beaumont Partners,L.P.as recorded in Clerk's Pile No.2001014848,Official Public Records of Real Property,Jefferson County,Texas and in the j Westerly right-of-way line of the Kansas City•Sputhern Railroad(based on a:width of 100 feet); THENCE SOUTH 47°02'52"WEST,for*.boundary between the tract herein described and the remainder of the said 27.18 acre Oiltanking.Beaumont 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 comer,said comer being the most Westerly oormr of the remainder of the said 27.18 acre Oiltauking Beauinont ' Partners,L.P.tract and in the Northeasterly right-Qfway line of State Highway No.347; THENCE NORTH 48°06'40"WEST,along ani`with the Northeasterly right-of-way line of State Highway No.347,for a distance of 248.11 feot to a Texas Department of Transportation concrete monument found for coiner,said corner also being the beginning of a curve to the right having a radius of 3685.93 feet•and beingsubtended•by a,.chord bearing NORTH 44°16`27"WEST having a chord length of 477.60 feet; THENCE NORTHWESTERLY,along and with the Northeasterly right-of-way line of State •t Highway No,347 and along and with said curve,for an arc length of 477,94 feet to,a 1/2"iron rod found for corner,said corner being tha most.Southerly corner of that certain called 21.1268 I 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 File No.20.07047460, Official Public Records of Real Property,Jefferson County,Texas; THENCE NORTH 47°05'45"EAST,for the,boundary.between the tract herein described and the said 21.1268 acre TX ENERGY,LLC traci,for a'distance of 1203.93 feet to a 5/8"iron rod found for corner,said corner 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 44°20'18"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 t and containing 20.0281 ACRES,more or less. I FILED AND RECORDED " OFFICIAL PUBLIC RECORDS 2008 Jan 31 02:3a PM LOVE $32.00 2 98093575 CAROLYN L. OUIDRY COUNTY CLERK I JEFFERSON COUNTY TEXAS I j � 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 Eastman Chemical Company, a Delaware 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 with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. Page 1 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. The Company will receive a 10-year 100% tax abatement on all new construction and improvements to existing facilities on the herein described property. This 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 10-year time period will commence when modification to existing land (dirt work) first begins on any property described in Exhibit "A" or when renovations or modifications first begin to existing improvements or facilities on properties described in Exhibit "A." The Company shall notify City in writing at least thirty (30) days prior to the date construction is scheduled to commence, as stated above, which will determine the start date and first calendar year for the Initial Term. The Initial Term shall be the ten (10) year tax abatement period. 2. Commencing upon the expiration of the Initial Term and continuing thereafter for an additional period of five calendar years (the "Second Term") after the tax Page 2 abatement period, Company will make an annual payment to City on or before February 1" 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") . 3. "Assessed Value" means the 100% valuation of Company Property and improvements thereon 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: City Tax Rate = Assumed City Tax Due Assessed Value / 100 x Current y Y 5. In October of each year the Finance Officer for City shall obtain the most recent Assessed Value as set by the Jefferson County Tax Appraisal District and such valuation shall be used for the Annual Payment due the following February; by way of example, October 2008 Assessed Values would be used for the February 1, 2009 payment. 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 Page 3 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. For years 11 through 13 (years 1 through 3 of the Second Term), the payment shall equal 80% of the Assumed City Taxes Due and for years 14 and 15 (years 4 and 5 of the Second Term)the payment shall equal 75% of the Assumed City Taxes Due. 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. 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", Page 4 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 111. 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 ri g hts 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 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. Page 5 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 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 Page 6 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 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 Page 7 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. 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 fifty percent (50%) of the stock having the right to vote for the election of directors of Company. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for fifteen (15) years commencing when dirt work (modification to existing land) first begins on any portion of the Property or when Page 8 renovation or modification first begins to existing improvements or facilities on the described property. 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 TO COMPANY City of Beaumont Eastman Chemical Company Attn: City Manager Corporate Tax, Property Tax Manager Att p tY 9 801 Main Street P. O. Box 431 P. O. Box 3827 Kingsport, Tennessee 37662-5280 Beaumont, Texas 77704 IN WITNESS THEREOF, this Agreement, consisting of nine pages plus Exhibit +1- "A" is executed in duplicate counterparts as of this 18 day of December, 2008. CITY OF BEAUMONT, TEXAS By: B L � Kyle Hayes City Manager EST:, Tina Broussard City Clerk 1� EAS71W HEMICAL CO P Y Y By: ATTEST: ��j� Ronald C. Lindsa S for oil President Corporate Strategy and Regional Leadership Page 9 EXHIBIT "A" ASTMAN SURVEYS LEGAL DESCRIPTIONS December 2, 2008 PARCEL A. TRIANGLE MARINE E � E i { V N j ;r y, t F � 3 t 46V� 4 - vC. t i g x a.. �.F _ I s i li XV,} x. a E «p i n 1 SURVEY PARCEL A. TRIANGLE MARINE i PAS A- I f LEGAL DESCRIPTION PARCEL A. TRIANGLE MARINE TRACT ONE Legal Description: 4.6344 Acre Tract or Parcel of Land Part of Lots 8,9,& 10 ofthe undesigaated portion of the Resubdivision of the Daniel Lewis Land Volume 1,Page 44,Map Records Phelan Hmuphry League,Abstract No.32 JeMrson County,Texas BEING a 4.6344 acro tract or parcel of land situated in the Pbelam Humpbry League,Abstract No. 32,Jeffason County,Tom and being the remainder of Lots 8,9,&10 of the Rasubdiviafon of the Daniel Lewis Land in the Phelan Humaphry League as recorded in Vohime 1,Page 44,Map Records, Jefibason County,Texas and also being all of that certain called 4.6453 acre tract of land,identified as Tract One,as described in a "Special Warranty Deed"from Edward P. drZ•evatlos and Robert Price,Jr.to Jeffierson Triangle Marine,L.P. as recorded in Clerk's File No.98-982154,Official Public Records of Real Property, Jefferson County, Texas, said 4.6344 acre tract being more particularly deson'bed"as follows: NOTE: All bearings 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. deZevallos and Robert Price, Jr, to Jefferson Triangle O Marine,L.P.as recorded in Clerks FYIe No.98-9821354, official Public Records of Real property,Jefferson County, Texas as 80UTH44020108"E"T. BEGINNING at a 5/8"iron rod found for the most Northerly corner of the tract herein described., said corner also being the irtion 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 44°20'08"EAST,along and with the Westerly right-of-way line of the Kansas City Southern.Railroad,for a distance of 714.22 fact to a 5/8"iron rod found for comer,said corner being the most Northerly comer of that certain called 4.960 acre tract of land,ides�ied as Tract Two, as described in a"Special Warranty Deed" from Bo-Mac Contractors,Ltd. to Camille J. I Landry, WiMall P. Landry and Regina M. Landry d/b/a Deep South Crane &Rigging Co. as i recorded in Cle&s File No. 2003031413, Official Public Records of Real Property, Jepson i County,Tatar; THENCE SOUTH 45°2#51"WEST,for the boundary between the tract bx8in described and the said 4.960 an Deep South Crew*Rigging Co.tract,for a distance of 432.78 fleet to a 1/2"iron rod found for comer, acid corner being the most Westerly corner of the aid 4.960 acre Deep South Exhibit"A"-Page 1 Crane&Rigging Co.tract,the mostNortherly corner of that certain called 0.846 acre tract of land, ��-- identified as That One,as described in a"Speoial Warranty Deed"from Bo-Mao Contractors,Ltd.to Camille 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,Jeftson County,Texas and also being the most Easterly corner of that certain called 0.2153 acre tract of land as described in a "Warranty Deed" from MKC Energy Investments, Inc. to CamiriC J. Landry, Mitchell P.Landry and Regina M.Landry d/b/a Deep South Craw&Rigging Co.as recorded in. Clerk`s File No.2004003596,Official Public Records of Real Property,Jefferson County,Texas; THENCE NORTH 47°55'06"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 Beet to a 5/8"iron rod found for corner,said corner being in the Northeasterly rlght of--way line of State Iiighway No. 347,and said corner also being the beginning of a curve to the right having a radius of 410.58 feet and being subtanded by a chord bearing NORTH 370.01137"EAST with a chord length of 120.77 feet; THENCE NORTHEASTERLY, along and with the Northeasterly right-of--way line of State Bighway No. 347 and along and with said curve, for an are length of 121.21 feet to a Texas Department of Transportation concrete monument(broken)found for corner; 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 Oconcrete mommnent Bound for corner; THENCE NORTH 38°11'29"WEST,oontmuing along and with the Northeasterly right-of-way line of State Highway No.347,fbr a distance of 247.57 feet to a Texas Department of Transportation concrete monument found for corner; THENCE SOUTH 46°33'32"WEST,continuing along and with the Nortimsterlyryghtt 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 comer; THENCE NORTH 38°17'20"WEST,continuing along and with the Northeastedy right-of way line of State Highway No. 347,for a distance of 339.48 feet to a 5/8"iron rod found for comer,said corner being in the common line between the add-Lot 8 and Lot 1 of the said Resubdivision of the Daniel Lewis Land; THENCE NORTH 45°43'05"EAST,for the boundary between the said Lots I and 8,for a distance of 230.50 feet to the POINT OF BEGINNING and containing 4.6344 ACRES,more or leas. TRACT TWO Exhibit"A'-Page 2 I i nLegal Description: 21.1268 Aare Tractor Parcel of Land �J phd=Humphry League,Abstract No.32 Jefferson County,Texas BMG a 21.1268 acre tract or parcel of land situstod in the Pholam Humpbry League,Abstract No. i 32,Jefferson County,Texas and being out of and part of that certain called 62.71 acre tract of land as described in a "Wa mty Deed"by J.T. Shelby to Takes W Sulphur Company as recorded in Volume 812,Page 470,Deed Record, Jefferson County,,Tom 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.daZavallm and Robert Price,Jr.to Jefferson TrmOo Marine,L.P.as recorded in Clasps File No. 98-9821354, MW Public Regis of Real Property, Jeflbnon CO", TWCas, said 21.1268 acre tract being more particularly described as follows: NOTE: All bearings, are based on the Northeasterly line of drat certain called 4.6453 acre iraA identood as 7Yact One, as described in a "Special WxTw ty Deed"from Edward P. deZevallos and Robert Price, Jr. to Jefferson Triangle Marine,L.P.as recorded in Clerks File No.98-9821354,Offlcial Public Records of Real Property,Jef'srsan County, Texas as SOUM44°20'08"EAST ' • 4 BEGrNM[NG at it 5/8"iron rod found for the most Easterly coiner ofthe tract hemin dmotibed,said comer also being the most Norl#ariy corner of that oertain called 20.03 acre tract of land as described in a "Special Warranty Deed" from Phillip A. Roebuck to The Phillip A. Roebuck Family Pmrtn rft,Ltd, as recorded in Clerk's File No. 97-9731390, OflrcW Public Records of Real ; Property,Jefferson County,Texas and said comer also being in the Westedyright-4-way line of the Kansas City Soudmn Raflroad(based on it width of 100 feet); I TBZNCE SOUTH 47 005145"WEST,for the boundary between the tract herein described and the said 20.03 acre The Phillip A.Roebuck Family Partnership,Ltd.tract,for a distance of 1203.93 feet to a 1/2"iron rod found for corner,said corner being in the Northoasterly rigbt-of-way line of State Highway No.347 and being the most Westerly corner of the said 20.03 acre The Phillip A.Roebuck Family Partnashlp,Ltd.tract and said corner also being the begimung of a curve to the right having a radius of 3685.83 fret and being subtended by a chord bearing NORTH 35°50'30"WEST with a chord length of 621.42 feet; THENCL NORTHWESTERLY, along and with the Northeasterly right-of-way line of State Highway No. 347 and along and with said curve, for an arc length of 622.16 feet to a Texas Department of Transportation concrft monument found for comer, 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 29°42'58"WEST with a chord length of 81.50 foot; T'SENCE NORTHWBST'ERLY, along and with *a 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 Poet to a 1R" OExhibit"A"-Page 3 iron rod found for corner, said corner being in the Southeasterly line of a 100 foot wide Texas Department of won drainage ditch as recorded in Volume 1476,Page 76,Deed Records, Jefferson County,Texas; THENCE NORTH 47 03734"EAST,along and with the Sou&eaetady line ofthe said 100 footwide Texas Department of 11ransportation drainage ditch,for a distance of 583.89 foot to a 518"iron rod found for corner; THENCE NORTH 0202715--BAST,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 5/8"iron rod found for corner; THENCE NORTH 47°09-58"BAST,continuing along and with the Sou easterly line of the said 100 foot wide Teams Depirtnbnt otTransportation drainage ditch,for a distance of 119.76 feet to a 518"iron rod found for corner,said corner also being in the Westerly right-of-way line of the old Kansas City Southern Railro$d; THENCE SOUTH 44°1SV05"BAST,along and with the Westerly right-of-way line of the Kansas City Southern Railroad, for a distance of 1065.14 feet to the POINT OF BEGINNING and containing 21.1268 ACRES,more or less. TRACT THREE A Legal Description: 5.8766•Acre Tract or Parcel of Land. , Phelem Humphry League,Abstract No.32 Jefferson County,Texas BEING a 5.8766 acre tract or parcel of land situated in the Phelam Humphry.League,Abstract No. 32,Jefferson County,Texas and being out of and a part ofthat certain 300 foot strip as described in Warranty Deed firm 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 5.8735 acre tract of land,identified as Thot Three-A,as described in�"Special Warmly Deed"ftom Edward P. i &Zzvallos 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,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, ideneed as Tract One, as described in a "Special Warranty Deed"front Edward P. deZevallos and Robert Price, Jr. to Jefferson Triangle Marine,L.P.as recorded in Clerk's File No.98-9821354,O,J eial Public Records of Exhibit"A"-Page 4 i j - t i o Real Property,Jef frson County, Texas as SOUTH 44°20'08"EAST. All set 518" iron rods set with a cap stamped"M.W. Whiteley&Associates". BEG24MG at a"T"rail found for the most Northerly comer of the tract herein descn'bed,said comer also being the intersection of the Northwest boundary tine of the Phelam HimapinyLeague,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 comer of that oertain called 3.1656 acre tract,identified as Tract Five A.as deacnbed in a"Special Warranty Deed"from Edward P.daevallm and Robert Price,Jr.to Jefferson Triangle Marine,L.P. as recorded in Clerk's File No. 98-9821354, Official Public Records of Rea[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 tract herein described and do said 3.1656 acre Jefferson Triangle Marine,L.P.t=act,for a distance of 444.90 feet to a 5/8"iron rod found for coiner,said corner being the most Southerly corner of the said 3.1656 acre Jefferson Triangle Marine,L.P.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 04 1131142"EAST,along and with the Westerly line of the said 100 foot wide Texas Department of Tka sportation drainage ditch,for a distance of 225.31 feet to a 5/8"iron rod found for corner; oTHENCE SOUTH 4103T56-EAST,continuing along and with the Westerly line of the said 100 foot wide Tau Department of Transportation drainage ditch,for a distance of 485.69 feet to a 518" � iron rod ibund for comer; THENCE.SOUTH 10°0974"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 o a 518" iron rod set for corner; THENCE SOUTH 45°26'32"WEST,continuing along and with the Westerly line of the said 100 foot wide Tau Department of Transportation drainage ditch,for a distance of 3.82 feet to a 518" iron rod act 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); THENCE 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 5/8"iron rod set for corner,said corner being in the Northwest line of the said Phelam Humpbry League; OExhibit"A"-Page 5 t t i THENCE NORTH 45°28'30" BAST, along and with the Northwest line of the said Phelam Humphry League,for a distance,of 299.95 $net to the POINT OF BEGINNING and containing 5.8766 ACRES,more or less. TRACT FOUR A Legal Description, 22.8591 Aare Tract or Parcel of Land Jeff and James Chaison Survey,Abstract No.435 Jefferson County,Tam BEING a 22.8591 acre tractor parcel of land ettuated in the Jeffand James Chaim Survey,AbeiractNo. 435,Jefferson County,Texas,the same being a pordon of that oertain called 150 acres of land conveyed by Perry McFaddin Duncan, Camella B. McFaddin, a fame sole,Di Vernon McFaddin Cordts and husband,B.G.Cordts,Mamie McFaddin Ward and husband,Carroll E.Ward,W.P.W.McFaddin,Jr.and J.L.C.McFeddin to Texas Oulf 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,Wandfied as Tract Four-A as described in a"Special Warranty Deed"from Edward P.daZevallos and Robert Price,Jr.to TaMrson Triangle Marine,L.P. as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property,Jefferson County,Texas,said 22.8591 acre tract being more particularly described as follows: NOTE. All bearings are based on the Northeasterly lure of duct cerfain called 4.6453 acre tract; kkni&d ay Tract Ore, as described in a "Special Warranty Deed"from O Edward P. deZevagos and Robert Pries, Jr. to Jgftrson TrkMk bdarhvs, L.P. as recorded in Clerks fiWe No. 98-9821334, Offlaial Public Reoordr of Real Prop", Jeferson Courtly, Texas as SOUTH 4402010811 BAST All set 518"Iron rods set with a cap simnpsd"At W. Whft ley do Assoclat r COMMENCING at an axle found for the intersection ofthe most Southerly Northwest boundary line of the Phelam Humphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly. Southeast corner of the Jeffand James Chatson 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,Tom and said corner also being an interior ell comer of the remainder of that certain called 203.2524 sere tract of land,1dendfled as Tract Five B,as described in a"Special Warranty Deed"fiom Edward P.deZevallos and Robert Price,Jr.to Jefferson Triangle Marine,L.P. as recorded In Clerks File No. 98-9821354, Official Public Records of Real Property,Jefferson County,Tam and an exterior oil corner of that artain called 123.9203 acre but of land,Identified-as Tract Four B,as described In a"Special Warranty Deed"from Edward P.deZevallos and Robot Price,Jr.to Jefferson Tviaogle Marine,L.P. as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property,Jeff son County,Texas; THENC2 SOUTH 89°MM-WEST,along and with the South line ofthe Bald 123.9203 acre Jeffason Triangle Marine,L.P.tract,the some being the common,line between.the said Jeff and James Chalson Survey and the said John A. Veatch Survey,for a distance of 389.73 feet to 518" iron rod found for OExhibit"A"-Page 6 I � 2 corner,said corner beingthe Southwest corner ofthe said 123.9203 acre Jefferson Triangle Marine,L.P. 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,TOX89 THENCE NORTH8905643" WEST, over and across the said 100*0t wide Texas Department of Transportation drainage ditch,and for the common line between the acid Jeffand James Chaison Survey and the said John A. Veatch Survey,for a distance of 100.13 feet to a 518" iron rod found for the Southeast corner aad POINT OF BEGINNING of the tract herein described; THENCE NORTH 89°56'31"WEST,continuing for tha common line between the said Jeff and James Chaison Survey and the said John A.Veatch Survey,for a distance of382AO feetto a 1"iron pipe found for corner, THENCE NORTH 89052'32"WEST,continuing for the common line batwoea the said Jeff died James Chalson Survey and the said John A.Veatch Survey,for a distance of 496.09$eat to a 1/"iron pipe found for corner,said corner also being an exterior ell corner of that certain called 318.35 acm tract of land as described in a"Com tod Sheriffs Deed"from Cr.Mitch Woods,Sheriff of Jefferson County,Texas,to LaMonica Ltd.as recorded in Clerk's File No.2003038403,Official PubHoRecords of Real Property, Ter- iy,Texas; . RTH 01020103"EAST,for the boundary between to tract heron described and the said .. ,"Monica Ltd.tract,for a distance of 99553 fact to a I" 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 �. �,-fining Co.as recorded in Volume 80,Page 292,Deed Records,Jefferson County,Taxes and Volume -� Ned,Records,Jeff arson County,Texas; `�► XTH 7002T5 I-BAST,along and with the South line of the said Canal,for a distance of 198. . tec, �I"iron pipe found for corner; 'T,N(_'T NORTH 72°45'38"EAST,continuing along and with the South line dithe said Canal,for a 39 fact to a 518"iron rod found for comer; THENCE NORTH 82°00'17"EAST,continuing along and with the South line of the said Canal,for a distance of 400.87 feet to a 5/8"iron rod set for corner,said comer being ft iutersecdon ofthe South Una of the said Canes and the West line of the said 100 foot wide Texas Department of Transportation drainage ditch; THENCE SOUTH 01 048'50" WEST, 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 B13GU NING and containing 22.8591 ACRES,mom or leas. TRACT FOUR B Legal Description: 123.9004 Acre Tftd or Parcel of Land OExhibit"A'-Page 7 i i Jeff and James Chaison Survey,Abstract No.435 ' Phrre Lemane Survey,Abstract No. 163 W.P.H.meaddin Survey,Abstraot No.689 Jefferson County,Texas RXING a 1239004 acre trail or parcel of land situated in*a Jeff and James C liaison Survey,Abstract No.435,Pierre Lamene Survey,Abstract No.163 and the W.P.H.MaFaddin Survey,AbstractNo.689, 7efFerson County,Texas,and out of and part of that retain called 150 aares of load conveyed by Pemy MoFaddin Duncan,Carnab B.McFaddin,a fame sole,Di Varaon MoFaddin C:ordts-and husband,B.G. Cordts, Mamie McFaddin Ward and Husband, Carroll E. Ward, W.P.W. MaFaddhr, Jr. and J.L.C. Mopsddin to Texas Ciulf Sulphur Company,Vol.960,Pg.192,Deed Records,Jeffierson Comfy,Texas and being all ofdW certain called 123.9203 acre tract of land,iden0ed as TraotFour B,as dessanW in a"Special Warranty Deed"from Edward P.daZavallos and RobatPrlce,•Jr.to AM=Triangle Maine, L.P.as recorded In Clak's File No.98-9821354,Official PubHo Records of Rssaal Property,Jefferson County,Tacas, said 123.9004 acre tract being more particularly described as follows: NOTE: ill bearbrga are based on the Northeasterly lbie of that certain oalkd 4.6453 acre tract, ddeWed errs Tract One, as described in a"Special Warranty Deed"franc Edward P. dsZewallos and Robert Prim,Jr. to JgRP-ton Triangle Marbre, L.P. as ' recorded in Clerk's pile No. 9&9821354, Offlctal Pxblte Records of Real Property, i Alftrson Cour*Texas as SOUTH 44°20'08"FAST .ill set 5/8"iron rods set with a bap stamped I'M IP Whiteley&Awadates". BEGReaNG at an axle tbuad for the intersection of the most Souttusrly Northwest boundary line of the Phelam Humphry Leaghe,Abstract No.32,Jefferson County,Texas,and the most Southerly Southeast I comer of the Jeff and James Chaison Survey,Abstract No.435 as said line was established by an agreed judgment In Cause No.1219,said corner also being the most Badmiy corner ofthe said John A.Veatch Survey,Abstract No.55,Jefibrson County,Texas and said corner also being an interior all comer of the ranWndgr of that certain called 203 2524 acre tract of land,identified as Tract Five B,as deson'bed in a "Special Warranty Deed"from Edward P.deZevalloe and Robert Price,Jr.to Jeffmson Triangle Marine, L.P.as recorded In Clams File No.98-9821354,Official Public Records of Real Property,Jefferson County,Texas and an worior eli caner of the said 123.9203 Jefferson Triangle Marine,L.P.; TMNCZ SOUTH 89°58'05"WEST,along and with fire Soudr We ofte said 123.9203 acre Jefferson j Triangle Marine,L.P.tract,tre'same being the common line between the said Jeff and James C liaison ' Survey and the said John A.Veatch Survey,for a distance of 389.73 feet to 518" iron rod found for corner,said comer being the Southwest corner of the said 123,9203 am Jefferson Triangle Marine,L.P. tract and in the East lino of a 100 foot wide Taxes Department of Transportation drainage ditch as recorded in Volume 1476,Pages 76,Deed Records,Jefferson County,Texas; TSSNC� NORTH 01°48'50" EAST,along and with the East line of the said 100 foot wide Texas Department of Transportation dish age dltah,for a distance of 1228.38 Beet to a 518"iron rod found for corner,said comer being the Intersection of the acid 100 foot wide Taxes Department of Thnsportation drainage ditch and the South One of a Canal for barge traf -from W.P.H.MaFaddin to United 011 and OExhibit"A"-Page 8 i Raining Co.as recorded in Volume 80,Pap 292,Deed Reoords,Jefferson County,Texas and Volume { 93,Page 450,Deed Records,Jefferson County,Texas; Il THENCE NORTH 84 030151"EAST,along and with the South line of the said Canal,for a distance of ! 5095.88 feet to a 1"iron pipe found for corner,said iron pipe being located the old bank of the Neches River, THENCE SOUTH 2505741"BAST,along and with the old bank ofthe Neches River,for a distance of 1148.77 feet to a point for comer(unable to find or set corner),said corner being on the most North lino of that certain cal led "one acre square" tract of land conveyed by Clyde A..Barbour to The Texas Company as recorded in Volume 1043 Page 507,Deed Records,Jefferson County,Texas; I THENCE NORTH 89 055127"WEST,along the North line of said Texas Company t iA fora Adance of 104.10 feet to a point for corner(unable to find or set ooiner); TH1EEl•TCE SOUTH 01051,58"WEST,along the West line of said Texas Company tract,for a distance of 208.71 feet to a 519"iron rod found for corner,and said corner being in the North line ofthe remainder of the said 203 2524 acre Jefferson Triangle Marine,L.P.tract and in the common line between the W.P.H. McFaddin Survey and the said Phelam Humphry League; TEIENCE NORTH 89 008102" WEST, for the boundary between the tract heroin described and the remainder of the said 2032524 acre Jefferson Triangle Marine,L.P.tract,the same being the common line between the said Phelam Humphry League and the sald W.P.H.McFaddin Survey,the said Pierre Leman Survey and the said Jeff and James Chaison Survey,for a distance of 5108.29 feat to a point for O corner(unable to find or at corner),said career also being an oderlor ell corner ofthe remainder ofthe j said 203.2524 acre JefBerson Triangle Marine,L.P.tract and also an exterior ell comer ofthe said Phelam H=phry League and an interior all corner of the said Jeff and James Chaison Survey; THENCE SOUTH 00°3720" WEST, for the boundary between the tract herein described and the remainder of the said 2032524 acre Jeffarson Triangle Marine,L.P.tract,the some being the common line between the said Phelam Humphry League and the said Jeffand James Cheison Survey for a distance of 550.66 feet to the POINT OF BEGUgMG and containing 1233004 ACRES,mom or less. TRACT FIVE A i Legal Description: 3.1638 Acre Tract or Parcel of Land i Phalam Humphry League,Abstract No:32 Jefferson County,Texas BEING a 3.1638 dery tract or parcel of land situated in the Phelam Humphry Leagua,Abstract No. 32,Jefferson County,Texas and being a portion of the 208.38 acres of land conveyed by Stanolind Oil Purchasing Company W Texas OW Sulphur Company,Volume 1597,Page 324,Deed Records, Jefferson County,Texaa,and also being all of drat certain called 3.1656 acre tract of land,identified OExhibit"A"-Page 9 • i as Tract Five A,as described in a"Special Warranty Deed"from Edward P.deZevallos and Robert Ir J Price, Jr.to Jefferson Triangle Marine,L.P. as recorded in Clerk's File No.98-9821354, Official ! ' Public Records of Real Pro Jefferson County, Texas said 3.1638 acre tract bet more PAY, tY, � being particularly described as follows: NOTE.• All bearbW are based on the NordWstierly line of that certain called 4.6453 acre tract, idvd#Ud as Tract One, as described in a "Special Warranty Deed"from Edward P. d*ZevaUm and Robert Price, Jr. to Jefferson Triangle Marine,LP.as recorded in Clerks FYI*No.98-9821334, Offickd Public Records of Real Property,Jefferson Cowq, Texas as SOUTH 44°20108"LMT. All set S/8" bon rods set with a cap stamped IM W. Whiteley&Associates". BEGE64MG at a"T"rail found for the most Westerly comer of the tract herein described,said corner also being the intersection of the Northwest boundary line ofthe Phelam Humphry League,A- 32,Jefferson County,Texas,as said line was established by an agreed judgment in Cause No.1219 and the Northeasterly comer of that certain 300 foot strip as down'bed in Warranty Deed from J.T. Shelby to Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed Records, Jefferson County,Texas,also being the most Northerly corner of that certain called 5.8731,acre tract,identified as Tract Three-A, as described in a"Special Warranty Deed" from Edward P. de&vallos 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; THENCE NORTH 45°28-30"EAST, along and with the Northwesterly line of the said Phelam I Humpbry League,for a distance of 672.47 feet to a 5/8"iron rod found for comer,said corner being I in the Westerly line of a 100 foot wide Texas Department of Transportation drainage ditch as i recorded ip Volume 1476,Page 76,Deed Records,Jefferson County,Texas; THENCE SOUTH 01 05831"WEST,along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distance of 161.21 feet to a 5/8"iron rod found for corner; THENCE SOi, M 23°40-34"WEST,continuing along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distwo of 448.39 feet to a 5/8" iron rod found for corner; THENCE SOUTH 04*3021"BAST,continuing along and with the Weetedy line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distance of 218.62 feet to a 518" iron rod found for corner,said comer being in the Northeasterly line of the said 300 foot strip and also being an exterior all corner of the said 5.8735 JaMrson Triangle Marine,L.P.tract; ! THENCE NORTH 44°20'52"WEST,along and with tine Northeasterly line ofthe said 300 toot strip and for the boundary between the tract herein described and the said 5.8735 Jefferson T'AmWe Exhibit"A"-Page 10 Marine,L.P.tract,for a distance of 444.90 fret to the POINT OF BEGINNING and containing 3.1638 ACRES;more or lass. i TRACT FIVE B Legal Descriptioru 192.5857 Acre Tract or Parcel of Land Phelam Humphry League,Abstract No.32 Jefferson County,Texas BUNG a 192.5857 acre tract or parcel of land situated in the Phelam Hump*League,Abstract No.32,Jefferson County,Texas and being out of and part of that certain called 20838 sores of land conveyed by Stanolind Oil Purchasing Company to Texas Gulf Sulphur Company,Volume 1597, Page 324,Deed Records,Jef bMn County,Texas and being all of that certain called 203.2524 acre treat of land,identified as Tract Five B,as described in a Special Warranty Deed"from Edward P. deZevalios 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,save and=ept that certain called 10.6679'am tract of land as described in a"Special Warranty Deed"from Palmera Properties,Inc.to Martin Go Sales,Inc,as recorded in Clerk's File No.98-9814112,Official Public Records of Real Property,Jefferson County,Texas,said 192.5857 acre tract being more particularly described as follows. NOTE: All bearings are based on the Northeasterly line of that certain called O as described in a "Special W 4.6433 acre track idantt,�ed as ?y'ucct One, � anwih' Deed"from Edward P. deZewlloos and Robert Price, Jr. to Jeffirson Man& Marine,L.P.as recorded in Clerk's FV6 No.98-9821354,Official Public Records of Real Property,Jq ftrson County, Texas as SOUTH 44°10'08"EAST.. All set 518" iron rods set with a cap stamped"MW. Whiteley&Associates". BEGINNING at an axle found for the intersection of the most SoutherlyNorthwest boundary line of the Phelam Humphry League,Abstract No.32,Jefferson County,Tw MS,and the most Souderly Southeast comer of the Jeff and James Chaison Survey,AbstraotNo.435 as said line was established by an agmad judgment in Cause No. 1219,said oomer also being the most Easterly comes'of the said John A.Veatch Survey,Abstract No. 55,Jeferson County,Texas and said corner also being an exterior ell comer of the said 123.9203 acre tract of laud,identified as Tract Four B,as described in a -'Special Warmaty Deed"f om Edward P.deZevallos and Robert Prim,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; Exhibit W-Page 11 THENCE NORTH 00°3720"EAST,for the boundary between the tract herein described and the said 123.9203 we Jefferson Triangle Marine,L.P.tract,the same being the common line between the said Phelam Humphry League and the sold Jeff and James Chalson Survey,for a distance of 550.66 feetto a point for comer(unable to find or set comer),said corner teing an interior ell corner of the said 123.9203 acre Jefferson Triangle Marine,L.P.tract; THENCE SOUTH 89°08102"BAST,for the boundary between the tract herein described and the said 123.9203 acre Jefferson Triangle Marine,L.P.tract,the same being the common line between the said Phelam Humphry League and the said Jeff and James Chanson Survey,the Pierre Lemane Survey, Abstract No. 163 and the W.P.H.McFaddin Survey,Abstract No.689,Jefferson County,Texas and I passing at a distance of 5108.29 feet a 518"iron found for corner,said comer being the Southeast corner of the said 123.9203 acre Jefferson Triangle Marine,L.P.tract and continuing for a distance of 5317.00 feat to a point for corner on the old bank of the Neches River(unable to find or set comer); . THENCE SOUTH 20°39"20"EAST,along and with the old bank ofthe Neches River,for a distance of 570.00 feet to a point for corner(unable to find or set comer); I THENCE SOUTH 1004759"BAST,continuing along and with the old bank of the Neches River, for a distance of 485.92 feet to a point for corner(unable to find or set corner); THENCE NORTH 89001140"WEST,for the boundary between tine tract herein described and drat certain called 461.42 acre tract,identified as TRACT A,as described in a"Special Warranty Deed" from BP Pipelines(North America)Ina.to Oiltanking BearimontPartnms,L.P.u recorded id Cleric's File No.2001014848,Offieiel Public Records of Real Property,Jefferson,County,Tam,pawing at a distance of 86.85 a 5/8"iron rod found for refemm,passing at a distance of 2381.47 feet a found 3"aluminum pipe,passing at a distance of 2791.17 feet a 3"aluminum pipe and continuing for a total distance of 3257.86 feetto a 5/8"iron rod found for corner,said comer also being an exterior an comer of the said 461.42 sore Oiltanking Beaumont Partners,L.P.tract; THENCE SOUTH 45°25'18"WEST,continuing for the boundary between the had herein described and the said 461.42 acre Oiltanking Beaumont Partners,L.P.tract,for a distance of 2730.75 feetto a 5/8"iron rod set for corner,said comer being an exterior all comer of the said 461.42 acre Oiltanidng Beaumont Partners,L.P.tract a4d said comer also being in the Northeasterly line of tint certain 300 foot strip as described in warranty Deed from J.T.Shelby to Texas Oulf Sulphur Company,recorded' in Volume 1454 Page 630,Deed Pteeords,Jefferson County,Texas and said corner also being in the Northeasterly line of that certain called 23.5505 acre treat,identified as Tract Three—B,as described in a"Special Warranty Deed"fiom Edward P.deZevallos and Robert Price,Jr.to Triangle Railyard, L.P.as recorded in Clerk's File No. 1999043482,Official Public Records ofReal Property,Jefferson County,Texas; i THENCE NORTH 44°20133"WEST,for the boundary between the tract herein described and the said 23.5505 acre Triangle Railyard,L.P.tract,for a distance of 1399.09 feet to a 5/8"ironrod found OExhibit"A"-Page 12 i n for corner,said corner being the most Northerly corner of the said 23.5505 am Triangle Raily,ard, J L.P.tract and also being in the Easterly line of a 100 foot wide Taxes Department of Transportadon drainage diboh as recorded in Volume.1476,Page 76,Deed Records,Jeftson County,Texas;; THENCE NORTH 04126105"WEST,along and with flee Easterly line of ft said 100 foot wide Tan Department of Transportation drainage ditch,for a distance of 313.59 fact to a 5/8"iron rod found for corner; THENCE NORTH 23°40'23"EAST,continuing along and with the Easterly line of the said 100 { foot wide Texas Department of Transportation drainage ditch,for a distance of 442.57 heat to a 5/8" ! i iron rod found for cornea, THENCE NORTH 01°56'02"EAST,continuing along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch,for a distance of 285.61 feet to a 5/8" i iron rod found for comer, said corner being in the Northwesterly line of 1he Phelam Humphry League; THENCE NORTH 45°21'25"EAST,along and with the Northwesterly line of the Phelam Humphry League,for a distance of 566.11 feet to the POINT OF BEGI14MG and containing 203.2536 acres,mote or less save and except the above referenced 10.6679 acre Martin Oas Sales,Inc.thereby leaving a net acreage of 192.5857 acres,more or less. 1. OExhibit"A"-Page 13 I t • ` • L i Tract Three B ?RIAI gLZ RAXLYdU--L.P. Centerline desor"M for a pmpond 80' IV91 re dm#' dwo and across a the 23.5605 gore tract of land, being described DowmoM Number iCisdc'a 9,el of Jtsd In Pelham Humphries Survey, Abstract 32, and Oounty,Texas. jBearings are based an the Texan Coordinate System,Swift Central Zone. r + The Centefte of the above said 360"llne Is deea ted as follows: BEGINNING at a point on the East line of the Above Bald 29.6606 Mors tract of land,said"POINT of eEGINNINGO being North 4T12'48"West,a distance of 809.6 feet from a 9ff Iron rod Inside a r Iron pipe(in concrete)fcurtd at the Southeast oomgr of sold 28.656 Man trail; THENCE,South 42°4T12'West;a distance of 300.0 feet to the"POINT OF E Tr in the Wort line Oof said 25.5505 acre tract;said OPONNT OF Mir being North 47°12'48'West a dletance of 540.0 � feet from a calculated comer,and the Southwest comer of said 23AN am VIA I i Total Rode:18,18 1, Plat Attached 3 • i i PARCEL B. DUPONT LAND i ?I'*�+tS.'`=:•�•!•-fir•-' ...._. j;•;i� i'_•.. 14r 'IF.i. K 1�—�a "i!• _ .. . YI•10.1T��CNKtK t. ITTI �J.:.Sf f• N. Y'��.. fY -J -rl .. -.:K` .' - t r .•�-. .• . pl7< 11 i LOCATION PLAN ms - �• '�::4� .�: � ri002 for.ferr�mr. IfY 1•M f •r.a ... ... �AR�r-_ yy�t•" { .rw .. r 4." .. __ •. '` ��..•.."�nyTyr.�..-��...�..... ALTA/• TITLE , - .. : .. '•..:" - ..' - '• Mlle M � ' � ..:�7."•. ';;E r.--' -.�_ !M.�----------:'�'�sY.^'- �~�aw�tarr"rr.•.�.: ~:: ... i.•r.err..» V .. .. a{ ..-.. ... +•�- `� i -._... ..... ....... .. s -- AM+AsW s or rwr MAW ar O.POWr Ad Wray/A©a rnWA s1rr m / 1 W=7 /rr&ur MVPA"T 6rwaCtC rr"Awr N. sr ✓s rwwrarar vwnrc.uuneurAt, s+ mmnrsaw aoawrr r6us SAK rsa,s SURVEY WTlRTECR PARCEL B. DUPONT p LEGAL DESCRIPTION PARCEL B. DUPONT 114.560 Acres of Land BEING 114.560 acres of land described in Two(2)treats and being out of and a part of those certain tracts deeded to E.L du Pont de Nemours and Company more firlly described as 3.224 was described as McFaddin Access Strip No. 1,3.189 acres described as Weise Access Strip, 124.708 acne recorded in Volume 845,Page 63,23.70 acres recorded in Volume 1865,Page 58,20.406 acres recorded in Volume 1865,Page 68,45.98 awes described as Tract"A"recorded in Volume 1865,Page 120 and 10270 acres recorded in Volume 1865,Page 128 of the Deed Records of Jefrson County, Texas. Said 114.560 acres of land also being a part of the DuPont-Beaumont Industrial Site No.l Subdivision recorded in Volume 15,Page 4 of the Map Records and part of the DuPont Beaumont Works bxbxtrW Park Subdivision recorded in Clerk's File No. 2006048240 and being Lots 4 and 5 of the Replat of Dupont Besumorrt Industrial Shl., No,.1 in Clerks'File Nc.2007037934 of said Jerson County and being situated in the Pelham Humphries League,Abstract No,32,and the J.S.Johnston Survey,Abstract No. 34,Jafferson County,Taxes and being more particularly desan'bed as follows: TRACT ONE—46.796 Acres(Lot-4) BEGINNING at a 1/2 inch iron rod fbund for the West corner of said du Pont 23.70 acre tract,same being in the Southwest line of the McFaddin Canal No.2 and being in the Northeast line of the Kansas City Southern Railway Company(100 feet wide right-of- WA. THENCE In a Southeasterly direction along and with the Nortboast line of said du Pont 23.70 aore tract,same being the Southwest line of said McFaddin Canal No.2 as follows: South 81 deg.03 min.52 sec.Past South,a distance of 360.94 feet to a 1 inch iron rod found in oonmete for angle corn, South 60 deg.48 min. 56 sec.Bast,a distance of 177.38 feet to a 1 Inch iron rod found in concrete for angle comer; South 54 deg. 13 min.40 sec.Bast,a distance of 816.68 feet to a 1 inch iron rod found in concrete for angle comer; South 58 deg.50 min.40 sec.East,a distance of 377.04 feet to a railroad rail found for angle comer, South 59 deg.23 min. 15 soc.Bast,a distance of 536,04 feet to a 518 iron rod with cap stamped"WORTBCH SURVEYORS"set for angle corner; South 59 dog.53 min. 15 sec.But a distance of 290.26 feet(289.7 feet)to a 1 inch iron rod&mud in concrete for the But comer of said du Port 23.70 acre tract,same being in the most Soudxrly Northwest lime of said du Pont 124.708 acre tract and Lot 3 of said Industrial Site No. 1 Subdivision; I THENCE North 74 deg.01 rain.46 sec.Bast,a distance of 433.33 feet to a 5/8 iron rod with cap stamped"WORTH SURVEYORS"set for corner, THENCE South 44 deg. 07 min.41 no.Bast,a distance of 764.00 feet to a 518 iron rod with cap stamped"WORT M SURVEYORS"set for corner, THENCE South 45 deg.52 min. 19 sec.West,a distance of 943.49 feet to a 5/8 iron rod with cap stamped"WORTECH SURVEYORS"set in the Southwest lire of said du Pont 124.708 am tract,some being the Northeast line of said Kansas City Southern Railway Company d&-of--way, THENCE North 44 deg.06 Hain.57 sec.West along and with the Southwest link of said du Pont 124.708 am tract,same being the Nord"d line of said Kansas City Southern Railway Company right-of-way,a distance of 1057.97 fed to a 1 inch iron rod found in concrete for the West comer of said du Pont 124.708 acre tract,same bang the South corner:of said du Pont 23.70 acre tract; THENCE North 44 deg.07 min.00 sec.West along and with the Southwest line of said du Pont 23.70 acre tract,same being the Northeast line of said Kansas City Southern Railway Company right-of way,a distance of 2,505.30 feet to the PLACE OF BEt11NN1NO,oonWning 46.796 acres of land,more or less. TRACT TWO—67.764 Acres(Lot 5) BECIIN WO at a 1 inch iron pipe found in concrete for the West oomer of said du Pont 10,270 acre tract,same being the SoA corner of said du Pont 20.406 a=tract and being in the Northeast line of Stabs Highway No.347(200 feet wide riSM-4-way); THENCE North 47 deg.54 min. 18 sec.West along and with the most Southerly Southwest line of said du Pont 20.406 acre tract,same being the Northeast lime of said State Highway No.347,a distance of 934.65"to a 2 inch iron pipe found in concaote for the most Southerly West corner of said du Pont 20.406 acre tract,some being the South corner of that certain Cilulf States Utilities Company called 0.576 acre tract of land, i more fully described and recorded in Volume 1320,Page 85 of said Deed Records; J THENCE North 43 deg.25 min. 19 sea East along and with the most Southerly Northwest line of said du Pont 20.406 acre treat,same being the Southeast line of said Clrilf States Utilities Company 0.576 sore tract,a distance of 100.00 feet to a point for the East corner of said Gulf States Utilities Company 0.576 ace tract,same bang an eII corner of said du Pont 20.406 acre tract(UnabI*0 to set or find. Point falls inside fmoed in power station site.); THENCE North 47 deg.53 min.41 sea West along and with the most Northerly Southwest line of said du Pont 20.406 acre trxot,same being the Northeast line of said Gulf States Utilities Company 0.576 acre tract,a distance of 251.61 feet to a 5/8 iron rod I i 1 f with cap stamped"WORTECH SURVEYORS"set for the most Northerly West corner of said du Pont 20.406 acre tract,same being the North comer of said Off States Utilities Company 0.576 acre tract,same being in the Southeast line of said remainder of du Pont 3.189 acre tract; THENCE South 43 dog.25 min. 19 sec.Walt along and with the Southeast line of said remainder of du Pont 3.189 acre tract,same being the Northwest line of said Gulf States Utilities Company 0.576 acre tract,a distance of 100.14 feet to a concrete monument (broken)found for the South corner of the remainder of said du Pont 3.189 acre tract, same being the West corner of said Gulf States Utilities Company 0.576 acre tract,and in the Northeast right-of-way line of said State I�&way No.347; being lig THENCE North 47 deg.55 min.06 sec.West along and with the Southwest line of said remainder of du Pont 3.189 am tract and said remainder of 3.224 am trect,same being the Northeast line of acid State Highway No.347,a distance of 299.62 feat to a 1.112 inch iron pipe found in concrete for the West comer of said remainder of du Pont 3.224 same the South comer of said du Pont 45.98 acre tract; acre tract, being sac.West along THENCE North 48 deg.02 min.44 and with the Southwest lime of said du Pont 45.98 acre tract,same being the Northeast lino of said State Highway No.347, a distance of 1901.35 foet to a 1/2 inch iron rod with cap stamped N S PI INC"for the West Park Subdivision,same being corner of Lot 5 of said DuPont Boavmont Works Industrial P � g the South corner of Lot 4 of said DuPont-Beaumont Works Industrial Park Subdivision; S min.03 sec .But el and with the Northwest line of said THENCE North 47 deg.5 �B Lot 5 of said DuPont.Beaumo nt Works Industrial Park Subdivision,same being the Southeast line of Lot 4 of said DuPont-Beaumont Works industrial Park Subdivision,a distance of 966.20 feet to a 1/2 inch iron rod with cap stamped"SPI INC"for the North corner of Lot 5 of said DuPont-Beaumont Works Industrial Park Subdivision,some being the East corner of Lot 4 of said DuPont,-Beaumont Works Industrial Park Subdivision and being in the Northeast line of said du Pont 45.98 acre tract,same being the Southwast right-of-way line of said Kansas City Southem Railway Company(100 fleet wide right- of-way); THENCE South 44 deg.06 min.57 sec.Bast along and with the Northeast line of said Lot 5 and du Pont 45.98 acre tract,some being the Southwest line of said Kansas City Southern Railway Company right-of-way,a distance of 1826.68 feet to a 1-112 inch iron pipe with cap found in concrete for the Bet corner of said du Pont 45.98 acre tract,same being the North owner of the ramaiwdrr of said du Pont 3.224 am tract; THENCE South 44 deg.07 min.30 sea East along and with the Northeast line of said Lot 5 and remainder of du Pont 3.224 acre tact,said 3.189 acre tract,said 20.406 acre tract and said 10.270 acre tract,same being the Southwest line of said Kansas City Southern Railway Company right-of-way,a distance of 1660.14 feat to a 518"iron rod with cap shaped"WORTECH SURVEYORS"act for corner; it I i THENCE South 42 deg.22 min. 19 sec. West,a distanoe of 726.24 feet to a 5/8 inch iron rod with cap stamped"WORTECH SURVEYORS"set for corner in the Southwest line of said du Pont 10.270 acre tract,and being in the Northeast right-of-way line of said State Highway No.347; THENCE North 47 deg.54 min. 13 sec.West along and with the Southwest line of said du Pont 10270 acre tract,same being the Northeast line of said Stefe Highway No.347,a distance of 186.51 feet to the PLACE OF BEGINNING,containing 67.764 acres of land, more or less. k7esm.2(Rat."O-M PARCEL C . ., — a its SURVEY PARCEL C. 4 / AW Ii 1 S' "� ,'• i �•�' � ti i ► \fit Yi 1' •� r� i �� PARCEL D . TERRA ASSETS ,6 � •"t � , �C9 �7 i� R �yc g 1 4 �E A � oil ^ # e ... ..«.. T a X 0 m r oy , C tJ— f \ 1 ca cc Ac: s � . s 3^a. plc S. ' t M C TM�•S.1�l.:ii_ .-lPRDP6MTY uo.O3eor.K.,B-;4 r.1 tl'UNiC) r `PRCPIRM kr.�•.DEpd B•i 4 a662 t 7 Y PRp II MCAFFop Nt A�RCq IMC KtcSP T!111 M+.i1R�.c L = JA►P 8-144663 T`}U�4P�-1'4'1,655 L s a!5 96 .(c s. �� 70.<o•�a s. � h(=7 � Ze./-Ac0 Aa\s. 1 — ----- N6 Dan R+v p L A Y ...._._. .a— ..—_`-- .—•__-. .- _. KEY IA&P FAV+ cmwis AOQ17�t7.NOL L4NO SO.A..tp�r%be jr-�CaJ TA'A 'u!%ff Tl,Atir/aw d,42' W1VlLLCUX E++4iwsraws 1-30- .■1-P=sow'A&P,B-/04631 I.aelaum• - LEGAL DESCRIPTION PARCEL D. TERRA ASSETS DMISIT "A" DESCRI17I01 OF DEMISED PREMISES Lot. 1 of the Du Pont-Beaumont Industrial Sites Subdivision: BEING a 12,.8175 acre tract of land in the Pelham Humphries League in Jefferson County, Texas and also being out of a 124 acre tract conveyed by Wesley W. Kyle, et al to E.I.du Pont deNsmours and Company by deed dated December 14, 1951 and being recorded in Volume 845, Page 33, Deed Records of Jefferson County and said 12.8175 acre tract being sometimes also known as Lot No. 1, of the Du Pont-Beaumont Industrial Sites Subdivision that was recorded on November 19, 1991 in Volume 15, Page 4 of the Map Records. Lot 2 of the Du Pont-Beaumont Industrial Sites Subdivision: BEING a 13.5237 acre tract of land in the Pelham Humphries League in Jefferson County, Texas and also being out of a 124 acre tract conveyed by Wesley W. Kyle, et al to E.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 and said 13.5237 acre tract being sometimes also known as Lot 2 of the Du Pont-Beaumont Industrial Sites Subdivision that was recorded on November 19, 1991 in Volume 15, Page 4, Map Records of Jefferson County, Texas. Together with all other easements, tenements, hereditaments and appurtenances thereto, including, without limitation, the easements created pursuant to the Declaration of Easements and appurtenant to the foregoing parcels. J 4 s v 3 z . .;: PARCEL E. TWIN CITIES I a t u �, at�t^:f .{7i'� `� 1. d ;i sL f �a�f1t itTi�. �:� ` fJt �� a s!=tg�■�■ ti '� f�11�(i tt i �f���� 1( {t�s �=•5 �i}`v s� i(�;�s �' � �� � � � xfR all „t i r. l�iLa d,f tf�j tl � f }� 1 Z! .�� 6"• � s, mss, a; tit s ui—-_� - M�_.....:..:..+--..wy:� _ •vlMA9 is--O '{M%.`i'�iJlf� a�>arT__,�. _ __..._- - ...._.... _. ui N J W V Y a aH pi• �� � r ,look g' .\omv a 'raa 11C mom ats LEGAL DESCRIPTION PARCEL E. TWIN CITIES . Fghlbit A Properly Legal Description., 20.0281 Axe Tract or Parcel of Land P)>clam Humphry League,Abstract No. 32 Je:fferaon County,Texas BEING a 20.0281 acre tract or parcel of Iand situated in the Phelam Htmipluy League,Abstract No.32,Jeffuson County,Texas and being all of that certain oared 20.03 lm tract of land as described in a"Special Warranty Deed"from Phillip A.Roebuck to The Phillip A.Roebuck Family Partnership,Ltd.as moorded•in Clerk's File No:•97-9731390,Official Public Reeoords of Real Property,Afforaon County,Twaw,the same being all of that certain,oeMed 20.03 acre tract of land as desoribed to a"Special Warranty Deed"from Suzpnq R.Roebuck to The Phillip A. Roebuck Family Partnership,Ltd.as recorded in Clark's Filee No.97-9731389,Official Public Records of Real Property,Jeffereon County,Tuxes;said 20.0281 acre tract being more particularly described as follows; NOTE All bew tW are based on ties Northeasterly Ihm of that'cal ain called 4.6413 acre bug idemVUd as Tract 0*as describid in a."Special Warranty Deed"from Edward P'd*Zevaam and Robert Price„Jr. to JeffersonT Mangle Marini LA as recorded in Clerks�Rk 1Vo.9 8-9821354, Oft-al Public Records ofReal Property,Jefferson County,Taal asS0UTH44°20'08"EAST v BE MONG at a 2"iron found far the most pipe Bastarl3►corner of the tract heroin described, said comer also being the most Northerly comer of the i�iader of that certain called 27.18 acre trail of land,identified ea TRACT B,as described ill a"Special Warranty Deed"from BP Pipelines(North America)Ina to 01 tanlr�g Hyaumogt Paqueas,L.P.as recce ded In Clerk-s File � No.2001014M.Official Public Re mds•of.W PrQpeity,Jeffeason County,Texxw and in the Westerly right-of-way line of ft Kansas C*.Southern Railroad(based on a•wicith of 100 feet); THENCE SOUTH 47002152"WEST,for t1p.boundary between five tract hamn described and the remainder of the said 27.18 acre Ohtani ng Beaumont Parmesan,L.P.tract,for a distance of I 1188.10 feet to a sgall nail in concrete at the base of a feeace post found for corner,said comer being the most Westerly comer of the re iminde:r of the said 27.18 acre Oil Beaumont Part mw.L.P.Uraat aW in the Northeasterly rig t-of way line of State Highway No.347; THENCE NORTH 48°06-40"WEST,along soli with the Northeasterly right-of-way line of State Highway No.347,for a distance of 248.11 to it Texas Department of Transportation concreft monument found far comer,said exmu�also being the beginning of a carve the right having a radius of 3685.93 feet-and being .by kdw d bemiring NORTH 44 016127"WEST having a chord length of 477.60 feet: T88'NCE NORTHWESTERLY,along and with the Northeasterly right-of-way line of State • i I Highway No.347 and along and with said cx�ve,for an arc length of 47794 fact to.a 1/2"iron rod found for comer,said comer being the most Southerly comer of that certain called 21.1268 acrre'tract,identified as TRACT TWO,as doscn'bed.in a"s Carl Warranty Dxd"from Jefferson Triangle Marine,L.P.to TX ENERGY,LLC w rec arded in Clerk's File No.2007047460, I Official Public Records of Real Property,Jefferson CDWIY► Texas; 'ItMNCE NORTH 47°0545"EAST,for the boundary.between the tract herein described and the said 21.1268•acre TX MMOY,LLC tract,fora distance of 1203.93 feet to a 5/8"iron rod found.!br comer,said comer being tine most EB#My comer of the said 21.12618 acre TX ENBROY,LLC treat and lm the Westerly right-of--way line of the Kansas City Southem Railroad; THENCE SOUTH 44°20'18"EAST,along and with the Westerly right-of--way line dthO Kansas City Southern Railroad,for a distaoce of 723.78 feet to the POINT OF BEGIrAMG + and containiacg 20.0281 ACRES,more or law. I I FILED AND RECORDED OFFICIAL PUBLIC se,cosos 2444 ear, 31 42.-38 Pn Man p2." CNMYN L. 4U: NY COUNTY CjW JIFFUM COUNTY Tom