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HomeMy WebLinkAboutRES 08-353 RESOLUTION NO. 08-353 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 Arkema, Inc. 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 23rd day of December, 2008. 11 f, i - Mayor Becky Ames - � W � THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 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 Arkema, Inc., its parent, subsidiaries and affiliates, hereinafter called COMPANY. PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the 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 the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc I EXHIBIT "A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2009 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal, and mixed, located on Company's land covered by this contract as described in Article 11 (hereinafter called "the properties"). 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2009 shall be due and payable on or before February 1, 2009. The February 1, 2009 payment is calculated as follows: SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 2 Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2009 Payment Due Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this Agreement; for example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. This assessed value shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payment due hereunder shall be calculated in accordance with the following schedule: The 2010 - 2011 payments shall be 80% of assumed City taxes due. The 2012 - 2015 payments shall be 75% of assumed City taxes due. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 3 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 any annual payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable .by the 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 the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. (d) During the prior contract period, a construction project to be done by Company and Novus International on Company's properties was approved. Novus will lease land from Arkema to construct its part of the proposed project. The value of Novus assets will be subject to provisions of this Agreement. No separate agreement with Novus will be executed. (e) In 2008, 80% of the assessed value of the project as determined by the Jefferson County Appraisal District will be included in the Company's and Novus' assessed value for purposes of calculating assumed city taxes due for the payment in 2009. In 2009, 100% of the assessed value of the project as determined by the Jefferson County Appraisal District will be included in the Company's and Novus' assessed value for purposes of calculating assumed city taxes due for the payment in 2010. SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 4 ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property more particularly described in Exhibit "A" hereto, which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's properties to any person or entity. It is the intent of the parties that no sale of any of Company's properties will affect the amount to be paid to the City under this Agreement. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such property has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. 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 Company's properties 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 Company's 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 SIAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doe 5 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 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 1" 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 of the Company's properties, 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 cost of such action being borne equally by the City and by the said Company or companies with the 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 the 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. SAAGENDA\AGENDA ITEM MEMOS\Arkema2009-Final.doc 6 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property; 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 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 may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the 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 "affiliates" and to any properties owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to properties and improvements owned by Company that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 7 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. ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2009, and ending on December 31, 2015. ARTICLE VIII NOTICES Any notice provided for in this Contract, 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 Manager Arkema, Inc. City of Beaumont P. O. Box 1427 P. O. Box 3827 Beaumont, Texas 77704 Beaumont, Texas 77704 ARTICLE IX CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 8 IN WITNESS THEREOF, this Agreement, consisting of 9 pages plus Exhibit "A", is executed in duplicate counterparts as of this day of , 2008. CITY OF BEAUMONT, TEXAS By: Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk ARKEMA, INC. By: ATTEST: SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 9 THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 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 Arkema Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the 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 the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: GA1ndustrW CaRracte\2009\Arke=2009-FitW.doc 1 ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2009 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal, and mixed, located on Company's land covered by this contract as described in Article II (hereinafter called "the properties"). 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value/ 100 X Current City Tax Rate=Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2009 shall be due and payable on or before February 1, 2009. The February 1, 2009 payment is calculated as follows: G:\IndusUW ComractsM09\Arkema 2009-FfiW.doc 2 Assumed City Taxes Due: Assessed Value/ 100 X Current City Tax Rate=Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2009 Payment Due Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this Agreement; for example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. This assessed value shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty(30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payment due hereunder shall be calculated in accordance with the following schedule: The 2010 - 2011 payments shall be 80% of assumed City taxes due. The 2012 - 2015 payments shall be 75% of assumed City taxes due. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official GAIndustrial Contracts\2009\Arkema 2009-Final.doc 3 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 any annual payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the 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 the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. (d) During the prior contract period, a construction project to be done by Company and Novus International on Company's properties was approved. Novus leases land from Company for its part of the proposed project. The value of Novus assets will be subject to provisions of this Agreement. No separate agreement with Novus will be executed. (e) In 2008, 80% of the assessed value of the project as determined by the Jefferson County Appraisal District will be included in the Company's and Novus' assessed value for purposes of calculating assumed city taxes due for the payment in 2009. In 2009, 100% of the assessed value of the project as determined by the Jefferson County Appraisal District will be included in the Company's and Novus' assessed value for purposes of calculating assumed city taxes due for the payment in 2010. G;Undust W Contracts120MArkema 2009-FitW.doc 4 ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property more particularly described in Exhibit "A" hereto, which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's properties to any person or entity. It is the intent of the parties that no sale of any of Company's properties will affect the amount to be paid to the City under this Agreement. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such property has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. 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 Company's properties 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 Company's 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 G:Undustrial CoMxacts\20091Arkema 2009-Final.doc 5 to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event e e e t of such annexation, Company will not be required to make further P Y q payment under this Agreement for any calendar year commencing after such annexation 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 I' 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 of the Company's properties, 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 cost of such action being borne equally by the City and by the said Company and any other companies within the area proposed to be annexed or incorporated, with the 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 the 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. GAIndustrial Contmas\20MArkema 2009-Final.doc 6 I 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property; 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 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 may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the 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 "affiliates" and to any properties owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to properties and improvements owned by Company that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with GAIndustrial Contmds\2009\A&e=2009-Final.doc 7 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. ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2009, and ending on December 31, 2015. ARTICLE VIII NOTICES Any notice provided for in this Contract, 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 Manager Plant Manager City of Beaumont Arkema Inc. P. O. Box 3827 P. O. Box 1427 Beaumont, Texas 77704 Beaumont, Texas 77704 With copy to: Director, Tax Arkema Inc 2000 Market Street Philadelphia, PA 19103-3222 GAIndustrial Contracts\2009\Arkema 2009-Final.doc 8 ARTICLE IX CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 9 pages plus Exhibit "A", is executed in duplicate counterparts as of this p rp day of &eTSer , 2008. CITY OF BEAUMONT, TEXAS By: Kyle Hayes ar City Manager ATTEST: Aul6a(--&Ulu M'4 Tina Broussard City Clerk ARKEMA, INC. By: . - zj-"� ATTE T: S qe j -_7 pF55T i7Z S 2-2 Se� u2 f (ZQC-T GAIndustrial Contracts\2009\Arkema 2009-FuW.d 9 . Attachment C LeOsl Description of Plant Land Tracts (part A Rohn, Sectlon U.S.) All those tracts of land In the Catwright tit Roberts Subdivision 8.In the David Brown Survey,being more putkulariy desen'bed as follows. Lot Nos.B and C in Block No.Two(2)of die Cutwttgltt&Roberta Sobditrlsion 08"to the City of Beaumont,Jefferson County,Texas,as per sup or pleat of said Addition of record in the office of the County Clerk in the County Cow of said County aged State; Lot D in Block No.Two(2)of the Cartwright dk Robau Subdivision"B"to the City of Jefferson Coway.Tomas.as per tap or plat of said Addition of record In dw oftioo of do Cottaq Clerk of add Coteaty and State;WuMlad oa die North by Old River al as mom pu ttlarly described in deed from Wright it ElaNrlJw Ltd,dated At sea 18, 1933. recorded in Vol.909.Page 53,of dw Deed Rem*of Jet&rsoa Cona►y.Teuas,mferenae to wbicb b made for a more particular desc*Wa; Together with the land bweediately a1mg sad 64at sa dw aottdt bowd *foss of ftM Lou B,C.and D constituting rite north oneur(being 30 fat)of dw abandoned Mansetki Ferry Road; Ail of the above described pmpo V being todur described as Mown Beginning at a point oo the cotter Iles of dw 100 foot wide now abandoned Manslieid Ferry Road,old beginning point being fifty Peet soul►of the soeftw comer of Lot D of Block T of the aforemendoned Cartwright a Robart's 5abdivision'B": THENCE West with said sealer tiers 654.00'to a point for canes: THENCE North SOW to the Sootbwest ewer of Lot B of sad Block 2; THENCE continuing Nor&791.59'to a paa fa carp rind coma being when Ow Walt line of said Lot 8 meets the body of wda bwm as'Old R1wt'; THENCE Nonh Igo Sr FAA with the meanders of am battik of said Old Rivet 666.70'to a point f o r comer,said corner being wbem t h e E a s t line of dm af-- 01 eatroned Lot D meets the Old River TM=South widt the East Jim of sad Lot D 910.9W to a point,beitg dw SovdwM corner orsaid cot V; THENCE an"ing Soudn SOHO'to die place of bagiaabg. This eonveyana Wodas all oil,gsn,and other Minush hN 40.cod taadw arO►FM or all of du above&Palbed proMW conned bo*y whiolk an owaed by Gsm om or agar of thernn.indi'triduatly or as partners and srcc,1 M - of Wtidtt B Hardkbes„Lod.and Ha*kbw Towing and Barging Co..Ltd.,bolt of whl&.revs Tan:b d partatrtdtipa.t P&W with all rights to ing M and epos asgodated with such minaala,rd Oratdoss haft MGM ut to Grantee,Its successors and risings.all 400 of i1qFM ad egress 0 aid the of amb t-Se7( 3tPrA-CL83A" C-i Novtmtbat 10. 1945 EXHIBIT "A" property for the purpose of exploring for,drilling,produein&or saving oil,gas,or other ' minerals,or for any othet purpose. Four(4)tracts of land containing a total of 33.7743 acre:,described by meta and bounds as follows: TRACT NO.ONE.(1) HEM a portion of Block 13 of the Cartwright 6t Roberts Subdtvkioa re'•h the David Brown Lague in 7effetsoa Coun4►,'Caw,as recorded n��Soalh SO 6oet GUM�oept tow County,save the South 120 feet thereof~ n described v follows' abandoned Mansfield Forty Road right of way,beb g own patio terly BEGTKN[NO at a point oa the Center line of the 100 foot wide now abandoned MatstiaW the Northeast Corner of Stock point and So WI-37 f4d WOO find South of the Sots 00"M 4(510*�o[ THENCE West with said center lute 1123.13 fat to a corner:said corner ben dw Northwest comer of a 43.7968 ocm tract Of rand Conveyed by LL C=Twd8K Sr.to MI"11a PetrokM Comparpr, THENCE Sout>s 985 feet to a point for comet in dw North Ise of Mobs!on Coepon&u's 120 foot wide canal right of way; THENCE Fast with she North tiitte of Mobil Oil Catporation's 120 foot wide anal right of way 1123.13 feet b a 314 kick pipe and C9 in the Norb the of Mobil C"Cotporstioa's 120 foot wWe carol tight of way for a cones, THENCE Noah US fat to die PLACE OF BEOVDI G,wmkft 229890 acre of lard. said tract soatstiates referred,0 herein na"'eat No. BEING a portion of Lot"G'in Block 14 of dw Cw wsigbt t Roberts Svbdivhioa"B".in rite David Brown Leaghu in letretson Cott W,Texan,ti into iad h 60�looted!of said Jefferson County,save the Sow&20 tea dase4 NOW wir6 the UA So flat of da 140=1 now abandoned Maalkid Ferry Rid sight of way.and behrg antra Pw*WlrfY de=IW as blows; 13EGINWO at a point in the eahter lido of rite stow abin doaod MaRAWd Ferry Road,send point being 1732.feat Wass of a print toceW SO feat N"of the NottlwM begirdilng conw of ock 13 and So reef Satdt or da SwAboW m m er of Mock 3 otSW Cartwd*& Roberts 8nbdivission-W,said begb eiag point bit the 140rdw t°-r 0!73944 are tract of bard conveyed by Ma Www ad 1.L C B•to M�gn►Padoktsm Coanpatfly; 7HENM West whh said caw line 15231 lief b A point br Conan; THENCE Souris US fort to tN No'*Hera of Mobil 011 C"Mdeles IV*W*anal right of wspr; THENCE Fast with"Csnat tight of way 152.7 Net to a poet for COrW, 14e7(1 3N'i'A CL32.du C•2 November 10,1995 (Fart A Form, Section n.8.) THENCE North Its foot to the PLAcs of nowNtNG,containing 3.100 acres,said tract sometimes referred to herein as'"Tract No.Two(2)". jUCT NO_THREE(31 BEING a part of the South portion of Lot No.S and floe South portica of Lot No.6,of Block No. 1.In the Cartwright It Roberts Subdivision"B".in the David Brown League,Jefferson County,Texas,as recorded iv the map treads*raw Jefferson Coo my,topew with the North So beat of the adJaw now abodoned Mansfield Ferry Road r%k of wry,and being more puticuhhrly d"cribed as follow:` BEGMNMO at a point on the center lithe of dw 100 foot wide now abarhdooed Mansfield Ferry Road,said beghming point bebg 150137 feet West of a point located SO fist North of the Northeast caner of Blotic 13 amd SO het South of the SoutteaA termer of Block 2 of said Cartwright&Roberts Subdivlsion"W.said beghw4 point bdq So Soattwt caw of 6.996 acre traa of land conveyed by J.B.Saester to Magnolia Petrokom Company; THENCE West whh said tenter Ibw 383.7 text to a point for amore THENCE Nat,SS327 feat to a point In the South tight of way Eae of the Gulf Sates Udlitles Company ISO foot wide right of way aseahent; THI NCE South ISO 40'East with said South eight of way line 104.9 feet to a powt; THENCE South 890 S4'East with said SwA right of way line 279.10 fiat to a point for comer im the East tint of Lot 6.Block 1.of said C3trtwright A Roberts Sebdivlaion B"; THENCE South with said East Nw S44.19 feat to the PLACE OF B80110 4G,containing 4.2116 acres of land,raid tract is sometimes Waned to Web U•Tk=NO.11M(3p. TRACT NC_FOUR f41 >SEWO the Sotto pwft of Lot A,Nxk No.2.of the Catwright&11dou Sttbdtvbioa "B",it 60 134vid Brower Lague,Jelfesaoa County.TOM&at tecadad le do map records of said Jefferson ComW.togothar wits do North SO feet of the 00emt now"odcaed Mansfield Ferry Road fight of way and bob=more particu"described as follows: BEGINNIM at a point of the center line of the 100 foot wide now abandoead Mtuhsfield Ferry Rod,said be&nbg point being 126132 hit Wort of a point bcWAd SO fiat Worth of the Nor*Aw m ra of ftek 13 and SO he South of tie Soutses t comer o(91c&2,said b owkg point being totaled SO het Soat6 ohhe Southamc corm Of Lot of A std fife Sowhwed former of Lot B.Rink 2 of aaW Cartwright dr RAMS Smbdivbba B'.said btgombg pW%fimtlter dosaibed as die Sohn caterer of a 3.0109 acre tract of had convged by C.1.CwAlmn to Mapolia Patroko m CormpW, THE=West with mW carter line 240 feet to a potent for corner; THBNC6 North 54429 feet to a polmt in the South right of May lime of the Gulf States Utilities CootrFM%taaanerhk THENCE South 890 SW East with said South right of way lime 139.52 feet to a po(tht; tQat(t3yltr�CtSt.�e C-3 Novanber 10.1945 •-- � r.CJJ�l�J ' (Part A Form, 8eatlon iI.B.} vvv i THENCE continuing in sat easterly direction with the said South easement right of way line and with the arc of a Curve whose central angle is four de is 1346.57 feet a chord ��' 16 minutes,and Whoa radius distance of 100.53 feet and an are d'ns&=of 10035 feet te,a concrete monument with a beau plug in the Eau line of aid Lot A,and the Wets line of Lot B,Block 2 of the said Cartwright&Roberta Subdivision•g*: T1NCE South with the East line of Lot A a distance of 548.03 fief to the PLACE OF BEGQrNM.m the e=Iw Une of the now abandon Mana&W Forty Road right of way. containing 5.0036 acres of land,said tract IMetitnet rcfcnvd to bemin as"Try No.Four Mu. l-Se7(i3WA CLM2*i November 10, 1995 TOTAL P.05