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Ordinance No. 13,262ORDINANCE NO. 13,262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY, LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial District Agreement with Chevron Phillips Chemical Company, LP. A copy of said Industrial District Agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately fLom and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affi ti e vote of the City Council of the City of Baytown, this the 25th day of August, 2016. H. DONCARLOS, AT T ST: LETICIA BRYSCH, Ci1je Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Ci ttomey t~ �1 NM01 1X'46,�o R:1KarenlFileslCity Council' %Ordinances\2016\August 25 IDAwithChevronPhillipsChemicalCompany .doc Exhibit "A" Industrial District Agreement This Industrial District Agreement ( "Agreement ") is made and entered into between the City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas, hereinafter also referred to as 'Baytown" or "City," and Chevron Phillips Chemical Company LP, a Delaware limited partnership, hereinafter referred to as "Property Owner." In consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between the City and Property Owner as follows: I. Parties This Agreement is made under the authority of Texas Local Government Code Annotated §42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable law. The parties to the Agreement and their addresses are: 2. The "City" City of Baytown Attn: City Manager F.O. Box 424 Baytown, TX 77522 Copy to: City of Baytown Attn: City Attorney P.O. Box 424 Baytown, TX 77522 The "Property Owner" Chevron Phillips Chemical Company LP Attn: Chaney Moore 10001 Six Pines Drive, Room 7056B The Woodlands, TX 77380 Tax Statement Address: Chevron Phillips Chemical Company LP Attn: Mr. Chaney Moore 10001 Six Pines Drive, Room 7056B The Woodlands, TX 77380 U. Identification of Property and Industrial District This Agreement includes provisions concerning certain real estate and tangible personal property owned or leased by the Property Owner. Real estate located outside the corporate limits of the City is sometimes referred to herein as the "affected area," and it is described in Exhibit A, which is attached to this Agreement and made a part hereof. Acting pursuant to the above mentioned authority, the City Council of the City has by ordinance, designated the affected area as an industrial district, the same to be known as Baytown Industrial District No. 2(the "Industrial District "). III. Tenn The term of this Agreement is seven tax years, from 2017 through 2023, unless it is sooner terminated under the provisions hereof. This Agreement shall be effective and binding on the parties hereto upon execution hereof on behalf of the parties to this Agreement and shall remain in effect for seven years. This Agreement supersedes any prior existing agreements between the Property Owner and the City relating to the subject matter specific to the term hereof, provided that Section 8 of the First Amendment to the Industrial District Agreement, executed by the City on July 17, 2013, shall remain in effect until fulfilled. IV. Limited Immunity from Annexation by the City In consideration of the obligations of the Property Owner herein set forth, the City hereby guarantees for the term of this Agreement the immunity of the affected area from annexation of any type by the City except for such parts of the affected property as may be necessary to annex property owned by third parties within the Industrial District that the City may decide to annex. Additionally, this Agreement shall not affect the continuation of any limited purpose annexation status to which the affected area is now subject. V. Industrial District Payment As part of the consideration for the City's undertakings as set forth above, the Property Owner agrees to pay to the City on or before December 31' of each year during the term hereof a sum of money equal to: (1) the fair market value as agreed to and stipulated by the parties to be as follows for each year indicated: 2017 $1,479,860,064 2018 $2,048,660,064 2019 $2,048,660,064 2020 $2,048,660,064 2021 $2,048,660,064 2022 $2,048,660,064 2023 $2,048,660,064 2 hereinafter referred to as the "Base Value," multiplied by (2) the property tax rate per $100.00 of assessed valuation adopted by the City Council for the City, multiplied by the applicable Yearly Payment Rate as detailed below: TAX YEAR YEARLY PAYMENT RATE 2017 .66 2018 .66 2019 .66 2020 .66 2021 .66 2022 .66 2023 .66 VL Valuations and Collections A. Generally The parties hereto recognize that said Harris County Appraisal District is not required to appraise for the City the land, improvements, and tangible property, real or mixed, in the affected area, which is not within the corporate limits of the City, for the purpose of computing the payments hereunder. For the purpose of providing a procedure for determining and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted and made a part hereof all provisions of the Constitution and statutes of the State of Texas pertaining to ad valorem taxation as amended throughout the term of this Agreement (including, in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of such provisions would require the assessment of the Property Owner's property on an equal and uniform basis with property in the general corporate limits of the City, the provisions of this Agreement will control where in conflict with the provisions of such laws and (ii) the income method of appraisal as described in Section 23.012 of the Texas Property Tax Code shall not be limited to only properties for which a rental market exists. Specifically, nothing contained herein shall limit the income method of appraisal specified in Section 23.012 of the Texas Property Tax Code to only properties for which a rental market exists, instead if such method is used, the chief appraiser shall: 1. use income and expense data pertaining to the property, if possible and applicable; 2. make any projections of future income and expenses only from clear and appropriate evidence; 3. use data from generally accepted sources in determining an appropriate capitalization rate; and 4. determine a capitalization rate for income - producing property that includes a reasonable return on investment, taking into account the risk associated with the investment. The parties agree that the fair market value of the Property Owner's land, improvements, and tangible property subject to Subsections B and C of this section shall be determined in accordance with the market value computation contemplated in the Texas Property Tax Code for the purpose of calculating the Property Owner's payment under this Agreement on properties annexed or disannexed subsequent to the commencement of this Agreement. The City may choose to use the appraised value as finally determined by the Hams County Appraisal District (or through administrative or judicial appeal of the Hams County Appraisal District's determination), or by appraisal conducted by an independent appraiser of the City's selection at the City's expense. The determination of fair market values by the City shall be final and binding unless the Property Owner within thirty (30) days after receipt of the City's determination petitions for a Declaratory Judgment to the Civil District Court of Harris County, Texas, as provided for by Section XHI hereof. Nothing contained herein shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value of land, improvements, and tangible personal property in the annexed portion for ad valorem tax purposes. B. Adiustment of Base Value for Property Inside the Co rate Limits but Subseguently Disannexed Land, improvements and tangible property, real or mixed, of the Property Owner, which is disannexed from the corporate limits of the City during the term of this Agreement, shall become part of the affected area immediately upon disannexation. The value for such disannexed land, improvements and tangible property, real or mixed shall be determined as described in Subsection A of this Section based upon the year in which the property is disannexed and shall be added to the Base Value specified in Article V each year after the disannexation for purposes of payment hereunder. C. Adiustment of Base Value for Property Outside the Corporate Limits but Subsequently Annexed Land, improvements and tangible property, real or mixed, of the Property Owner, which is annexed into the corporate limits of the City during the term of this Agreement, shall be removed from the affected area the year after the annexation. The value for such annexed land, improvements and tangible property, real or mixed shall be determined as described in Subsection A of this Section based upon the year in which the property is annexed and shall be subtracted from the Base Value specified in Article V each year after the annexation for purposes of payment hereunder. D. Statements The City shall mail one statement to the Property Owner on or about December 1 of each year showing the total amount due on December 31 of such year pursuant to this Agreement. Such statement shall be mailed to the "Tax Statement Address" noted in this Agreement. Any amounts due on December 31 that are not paid when due shall become delinquent on January 1 of the following year. Provided, however, if the tax statement is mailed after December 10, the 4 delinquency date is postponed to the first day of the next month that will provide a period of at least 21 days after the date of mailing for payment of the amount due. Delinquent amounts shall be immediately subject to the same penalties, interest, attorneys' fees and costs of collection as recoverable by the City in the case of delinquent ad valorem taxes. The City shall have a lien upon the Property Owner's land within the affected area upon any delinquency in the Industrial District Payment. E. Valuation Contests If any differences concerning the appraised values shall not have been finally determined by the due date of the Property Owner's payment hereunder and the Property Owner is pursuing through a declaratory judgment action as specified in Subsection A, the Property Owner shall, without prejudice to such action, pay to the City by December 31 of each year (subject to the exception in the preceding paragraph for statements mailed after December 10), such amount as is provided in the Texas Property Tax Code, as amended throughout the term of this Agreement, for payments made under such conditions by owners of property within the general corporate limits of the City subject to ad valorem taxation. Any refund payable by the City to the Property Owner hereunder shall be paid within 60 days after receipt by the City of both Hams County Appraisal District's form notification that the appraised value of the property has been reduced and a written refund request by the Property Owner, if not paid timely, the refund amount shall bear interest at the rate specified in Section 2251.025 of the Texas Government Code beginning 60 days after the City received both the Property Owner's written refund request and the Harris County Appraisal District's formal notification that the appraised value of the property has been reduced. VII. Compliance with Law The City and the Property Owner mutually recognize that the health and welfare of Baytown residents require adherence to high standards of quality in the air emissions, water effluents and noise, vibration and toxic levels of those industries located in the Industrial District, and that development within the District may have an impact on the drainage of surrounding areas. To this end, the Property Owner and the City agree that the same standards and criteria relative to noise, vibration and toxic levels and drainage and flood control which are adopted by the City and made applicable to portions of the City adjacent to the Industrial District shall also be applicable to the affected area. The Property Owner agrees that any industrial or other activity carried on within the affected area will be constructed in strict compliance with all applicable valid state and federal air and water pollution control standards. If the Property Owner's property within the affected area is subject to the Occupational Safety and Health Act, 29 U.S.C. 65, et seq., as amended, then the Property Owner shall undertake to ensure that its facilities and improvements in the affected area comply with the applicable fire safety standards of such act and the resolutions from time to time promulgated hereunder (the "OSHA Standards "), but there shall be no obligation to obtain any permits of any kind from the City in connection with the construction, operation or maintenance of improvements and facilities in the affected area not located within the corporate limits of the City. Nonetheless, the Property Owner agrees that any structure built within the affected area shall be built in accordance with the building code adopted by the City in effect at the time of construction. 5 The City and the Property Owner recognize that activities in the City's industrial districts are subject to regulation by other governmental entities, including the state and federal governments and their various departments and agencies. The City and the Property Owner also recognize that the City may have an interest in activities in the City's industrial districts that are regulated by other governmental entities. Nothing in this Agreement is intended to limit the City's right and authority to communicate its interest in, or opposition to, those activities to the applicable regulatory agencies or to participate, to the extent allowed by law, in any related administrative or judicial proceeding. VIII. Inspections The Chief Appraiser of the Harris County Appraisal District and the City or its independent appraiser shall have the same right to enter and inspect the Property Owner's premises and the same right to examine the Property Owner's books and records to determine the value of the Property Owner's properties as are provided in the Texas Property Tax Code as amended. IX. Default A. Default by Property Owner In the event of default by the Property Owner in the performance of any of the terms of this Agreement, including the obligation to make the payments above provided for, the City shall have the option, if such default is not fully corrected within sixty (60) days from the giving of written notice of such default to the Property Owner to either (i) declare this Agreement terminated or (ii) continue the term of this Agreement and collect the payments required hereunder. Notwithstanding any to the contrary contained herein, should the City determine the Property Owner is in default according to the terms and conditions of Section VII hereof, the City shall notify the Property Owner in writing by U.S. Mail, certified return receipt requested, at the address stated in this Agreement, and if such default is not cured within sixty (60) days from the date of such notice (the "Cure Period ") then such failure to cure shall constitute a material breach of this Agreement; provided that, in the case of a default under Section VII for causes beyond the Property Owner's control that cannot with due diligence be cured within such sixty (60) day period or in the event that the failure to cure results from ongoing negotiations with federal or state officials, administrative proceedings or litigation regarding the necessary cure steps, then the cure period shall be extended until such negotiations, administrative proceedings or litigation are concluded. 0 B. Default by City In the event of default by the City, the Property Owner may, if such default is not fully corrected within 60 days from giving written notice of such default to the City, terminate this Agreement. Upon such termination, both the Property Owner and the City shall be relieved of all further obligations hereunder, but the Property Owner shall not be relieved of the obligation to pay any amounts that accrued prior to such termination. In the event of termination, the City shall have the right to repeal the ordinance designating the affected area as an industrial district. Provided, however, if the termination occurs as a result of the City's exercising its option to terminate (as provided in the first sentence of this Section IX), the City shall not have the right to annex the affected area into the general corporate limits of the City so as to subject the affected area to ad valorem taxes for any part of the period covered by the Property Owner's last payment hereunder. X. Notice Any notice to the Property Owner or the City concerning the matters to which the Agreement relates may be given in writing by registered or certified mail addressed to the Property Owner or the City at the appropriate respective addresses set forth on the cover page of this Agreement. Any such notice in writing may be given in any other manner. If given by registered or certified mail, the notice shall be effective when mailed. With the exception of annual bills for payments due herein, notice given in any other manner shall be effective when received by the Property Owner or the City, as the case may be. XI. No Further Expansion of Taxing Jurisdiction Nothing herein contained shall be construed to change or enlarge the jurisdiction, power or authority of the City over or with respect to the affected area as prescribed by applicable law, except as specifically provided in this Agreement. The Property Owner shall not be obligated by virtue of this Agreement, or the establishment of the industrial district covering the affected area not within the corporate limits of the City, to make any payments to the City in the nature of a tax or assessment based upon the value of the Property Owner's property in the affected area during the term of this Agreement other than the payments specified herein. Specifically, the Property Owner shall not be liable for any City taxes within the affected area, including, without limitation, City ad valorem taxes on taxable property within the affected area. XII. Reimbursement for Services If the Property Owner requests and receives mutual aid firefighting assistance and is a member of Channel Industries Mutual Aid organization ( "C1IVIA ") or similar organization, the 7 Property Owner shall reimburse the City for costs incurred by the City in providing fire protection services to the Property Owner as shall be provided in the charter, bylaws and agreements pursuant to which CIMA or such similar organization is organized and operates. If the Property Owner requests and receives mutual aid firefighting assistance and is not a member of CIMA or a similar organization, then the Property Owner shall be required to reimburse the City for costs actually expended by the City in providing any firefighting assistance to the Property Owner, including chemical and personnel costs. XIII. Declaratory Judgment Action If any disagreement arises between the parties concerning the interpretation of this Agreement, it is agreed that either of the said parties may petition any Civil District Court of Harris County, Texas, for a Declaratory Judgment determining said controversy and the cause shall be tried as other civil causes. If the controversy affects an Industrial District Payment, the Property Owner shall, pending final determination of said controversy, pay to the City on the due date the same amount which was paid to the City for the last preceding period as to which there was no controversy concerning the amount owed by the Property Owner to the City. The Property Owner agrees to tender any additional amount of potential liability to the registry of the Civil District Court, Harris County, Texas, pending final determination of the controversy beyond any further appeal. XIV. Assignment This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Property Owner and the City only. If the Property Owner conveys all or any part of the property then covered hereby, the Property Owner shall notify the City within 30 days of the conveyance and shall thereafter cease to be obligated with respect to the property so conveyed and the Base Value shall be apportioned between the Property Owner and the grantee based upon the property conveyed, only if the grantee thereof enters into an Industrial District Agreement with the City with respect to such property so conveyed. No right or obligation under this Agreement may be sold, assigned or transferred. XV. Authority The Property Owner covenants that it has the authority to enter into this Agreement by virtue of being either the legal or equitable owner of a possessory estate (including a leasehold estate) in the land comprising the affected area, which will not terminate before the expiration date of this Agreement. Additionally, the officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he represents. E3 XVI. No Municipal Services It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (5) garbage pickup service. XVII. Severability If any provision of this Agreement, or any covenant, obligation or agreement contained herein, including, without limitation, that term hereof, is determined by a court to be invalidated or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to comply with applicable law. If it is not possible to so reform such provision, covenant, obligation or agreement, such determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if the invalid or unenforceable portion were not contained herein. Provided, further that such invalidity or unenforceability shall not affect any valid and enforceable provision thereof, and each such provision, covenant, obligation or agreement shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. Notwithstanding the above, if the application of this Section XVII requires reformation or revision of any term that removes or materially diminishes the obligation of the Property Owner to make the payments to the City described herein (except in the event of a reformation that shortens the term of this Agreement), the City shall have the option to declare this Agreement terminated. XVIII. Complete Agreement This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. XIX. Non - waiver Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. W XX. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. XXI. Headings The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. XXII. Choice of Law: Venue This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. XXIII. Agreement Read The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. IN WITNESS WHEREOF, this Ag eement is executed in multiple counterparts on behalf of the Property Owner this ZL day of Au -sr , 2016, and on behalf of the City this day of , 2016. Witness: --;�a KENNETH P. ADAMS, Corporate Counsel and Assistant Secretary Chevron Phi lips Chemical Company LP By: gj% CHANEY T. M ORE, Rea state Property Tax Services Manager CITY OF BAYTOWN STEPHEN H. DONCARLOS, Mayor ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney WADE NICKERSON, Finance Director TRACT I DESCRIPTION OF A 916.599 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4 AND THE GEORGE ELLIS SURVEY, A -21, HARRIS COUNTY, TEXAS Being a tract of land containing 916.599 acres out of the William Bloodgood Survey, A-4 and the George Ellis Survey, A -21, Hams County, Texas. Said 916.599 - acre tract being more particularly described by metes and bounds as follows: BEGINNING at a iron rod found at the intersection of the west right -of -way line of Sjolander Road (width varies) with the north right -of -way line of Interstate Highway 10 (width varies) and being the southwest comer of said tract herein described; THENCE North 13 056'51" West with the east right -of way of said Sjolander Road and with an east line of said tract herein described, a distance of 4,303.66 feet to an angle point; THENCE North 21 °57'49" East with a northwest line of said tract herein described, a distance of 870.71 feet to an angle point; THENCE North 80 030'50" East with a north line of said tract herein described, a distance of 4,005.48 feet to an iron rod found for an interior corner of said tract herein described; THENCE North 09013 * 10" West with a west line of said tract herein described, a distance of 1,877.46 feet to an angle point of said tract herein described and in the old alignment of Cedar Bayou; THENCE with the meanders of the old alignment of said Cedar Bayou as follows: South 83 °56'31" East, a distance of 301.96 feet; South 01 °15'20" West, a distance of 153.98 feet; South 45 014'40" East, a distance of 462.00 feet; North 2l 015'20" East, a distance of 370.00 feet; North 89015'20" East, a distance of 211.00 feet; South 40 047'40'• East, a distance of 226.50 feet; South 24 059'20" West, a distance of 264.00 feet; South 53 044'40" East, a distance of 554.00 feet; North 36 049'46" East, a distance of 564.54 feet to an angle point in a north line of said tract herein described and in the new alignment of said Cedar Bayou; THENCE with the meanders of the new alignment of said Cedar Bayou as follows: South 67 °49'31" East, a distance of 1,241.85 feet; South 65 044'36" East, a distance of 601.27 feet; South 71025'3S" East, a distance of 435.63 feet to an interior comer of said tract herein described; THENCE North 15 021'33" East with a northwest line of said tract herein described, a distance of 482.64 feet to an angle point; THENCE North 80 034'05" East with a north line of said tract herein described, a distance of 1,475.97 feet to the centerline of a Houston Lighting & Power Company casement (340 feet wide); THENCE South 43 023'38" East with the centerline of said Houston Lighting & Power Company easement, a distance of 311-02 feet to an angle point; THENCE South 10 050'44" West with an east line of said tract herein described, a distance of 544.27 feet to an angle point; P" - . THENCE South 30049'13" West with a southeast line of said tract herein described, a distance of 482.16 feet to an angle point, located in the old alignment of said Cedar Bayou; THENCE with the meanders of the old alignment of said Cedar Bayou as follows: South 61 °45'54" East, a distance of 416.99 feet; South 25 009'56" East, a distance of 253.25 feet, South 62 °29'56" East, a distance of 107.31 feet to an angle point in the east line of said tract herein described and in the northwest right -of -way of the Southern Pacific Railroad (100 feet wide); THENCE South 28 °00'04" West with the northwest line of said Southern Pacific Railroad, a distance of 2,544.60 feet to the southeast corner of said tract herein described. located in the north right -of -way of said Interstate Highway 10; THENCE North 87016'10" West with the north right -0f - -way of said Interstate Highway 10, a distance of 386.14 feet to the beginning of a curve to the left; THENCE in a southwesterly direction with the northwest right -of -way line of said Interstate Highway 10 and with a line of a curve to the left having a radius - 3,274.04 feet, central angle = 28 °49'00 ", a chord bearing = South 78 °19'20" West and a chord distance of 1,629.36 feet for a curve length of 1,646.66 feet to the end of said curve; THENCE South 64 °07'32" West with the northwest right -of -way of said Interstate Highway 10, a distance of 5,882.75 feet to an angle point; THENCE South 73 °57'50" West with the northwest right -of -way of said Interstate Highway 10, a distance of 351.00 feet to an angle point; THENCE South 62 °39'50" West with the north right -of -way of said Interstate Highway 10, a distance of 59.70 feet to the POINT OF BEGINMNG and containing 916.599 acres of land. This survey is accompanied by a survey sketch of even date Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/08/08 ( NIYII -Tl.KT I }t &S.-M Save and Except from the 916.599 -Acre Tract the following 101.266 -Acre Tract, e"111 which is within Existing City Limits DESCRIPTION OF A 101.26&ACRE (4,411,169 SQ. FT.) TRACT SITUATED IN THE GEORGE ELLIS SURVEY, A -21 AND IN THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a 101.266 -acre (4,411.169 square foot) tract of land situated in the George Bills Survey. Abstract No. 21 and in the William Bloodgood Survey. Abstract No. 4. Harris County. Texas. Said 101.266 acre tract being a portion of a residue of a 362 .658 -acre tract of land bract 1) and a portion of a residue of a 5.857 -acre tract of land (Tract 2) conveyed to Gulf Oil Corporation, as recorded under Herbs County Cleric's File No. B455829 of the Official Public Records of Beal Property. Harris County. Texas. Said 1012A&acm tract being more particularly described by metes and bounds as follows: BEGINNING at a point for the interaction of the east right -of -way line of Sjoiander Road and the northwest right- of-way, line of Interstate Highway 10, in the west line of the residue of said 5.857-acre tract and for the southwest corner of said tract heroin describe THENCE North 040 27' 41" Weal with the east right -of -way line of said Sjol under Road, with the west line of the residue of said 5.857 -acre tract and with the west line of said tract herein described. a distance of 1.951.03 feet to a point for tit northwest comer of Bald tram heroin described; THENCE South 890 53' 9" East across the residue of said 5.857 -acre tract, across the residue of said 362.658 -acre tract and with the north line of said tract herein described, a distance of 2,632.57 feet to a point for the northeast corner of said tract herein described; THENCE South 15" 53' 15" Best across the residue of said 362.658 -acre Inca and with the southmm line of said tract herein described, a distance of 1.220.22 feet to a point in the northwest right-of-way fine of said Interstate Highway 10 and for the southeast comer of sold tract herein described; THENCE South 73" 36' 42" West with the north right -of -way line of said Interstate Highway 10 and with a south One of said tract heroin described. a distance of 2.511.33 feet to an angle point; THENCE South Sr 2T 00" West with the north right -of -way (ire of said interstate Highway 10 and with a south One of said tract herein described. a dimnce of 351.00 feet to an angle point In the north fight -of way line of acid Interstate Highway 10; THENCE South 72° 09' Or West with the northwest right-of-way line of said Interstate Highway 10 and with a southeast One of sold tract herein described. a distance of 59.70 feet to POINT OF BEGINNING and containing 101.266 acres (4,411.169 square feat) of land. WSISM ENOlNE8RIN0 COMPANY 19500 Park Row, Suite 100 Houston. Texas 77084 Job No.: CM 1024 (1442 -074) Date: 08/3W12 TRACT 2 DESCRIPTION OF A 103.633 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY. TEXAS Being a tract of land containing 103.633 acres out of the William Bloodgood Survey, A -4, Hams County, Texas. Said 103.633 -acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest corner of a 13.167 -acre tract of land conveyed to Chevron Chemical Company, LLC and the southwest comer of said tract herein described; THENCE North 09 027'48" West with the west line of said 13.167 -acre tract, a distance of 1,222.60 feet to an angle point; THENCE South 47 020'52" East with a northeast line of said 13.167 -acre tract. a distance of 44.72 feet to an angle point; THENCE North 30 056'26" East with the northwest line of a 2.80 -acre tract, a distance of 697.40 feet to an angle point, located in the old alignment of Cedar Bayou; THENCE with the meanders of the old alignment of said Cedar Bayou as follows: South 58 °22'27" East, a distance of 101.09 feet; South 51 037'25" East, a distance of 94.81 feet; South 74 015'09" East, a distance of 168.33 feet; North 87°23'23" East, a distance of 94.65 feet; North 60 °34'21" East, a distance of 129.01 feet; North 46 °34'39" East, a distance of 243.89 feet; North 22 °57'45" East, a distance of 299.83 feet; North 55°21'26" East, a distance of 417.94 feet; North 63°01'01" East, a distance of 225.39 feet; North 40014'16" East, a distance of 40.85 feet; North 08 019'57" East, a distance of 78.74 feet; North 28 °37'21" West, a distance of 116.98 feet; North 16023'11 " West, a distance of 224.79 feet; North 12 040'55" East, a distance of 76.28 feet; North 84035'15" East, a distance of 194.87 feet; North 77 027'30" East, a distance of 184.19 feet to an angle point for the northeast corner of said tract herein described; THENCE South 09 013'10" East with an east line of said tract herein described, a distance of 1,335.24 feet to an angle point; THENCE South 53 °59'25" East with a northeast line of said tract herein described, a distance of 170.39 feet to an angle point; THENCE South 09 013'10" East with an east line of said tract herein described, a distance of 1.221.85 feet to the southeast comer of said tract herein described, THENCE South 80 °30'50" West with the south line of said tract herein described, a distance of 2,448.48 feet to the POINT OF BEGINNING and containing 103.633 acres of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1.42 -051) Date: 08/08/08 CMIM n..cr:m. waw TRACT 3 DESCRIPTION OF A 16.035 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY. TEXAS Being a tract of land containing 16.035 acres out of the William Bloodgood Survey, A -4, Hams County, Texas. Said 16.035 -acre tract being more particularly described by metes and bounds as follows: BEGINNING at the intersection point of the north right -of -way line of Interstate Highway 10 (width varies) with the southeast right -of -way line of the South Pacific Railroad (100 feet wide) and being the southwest comer of said tract herein described; THENCE North 28 000'04" East with the southeast right -of -way line of said Southern Pacific Railroad, a distance of 428.67 feet to an angle point of said tract herein described; THENCE North 80021125" East with the north line of said tract herein described, a distance of 1,201.58 feet to an angle point, located in the old alignment of Cedar Bayou; THENCE with the meanders of the old alignment of said Cedar Bayou as follows: South 09 °39' l0" East, a distance of 46.00 feet; South 79 °38'50" West, a distance of 66.20 feet; South 59 °35'50" West, a distance of 58.64 feet; South 00 °43'50" West, a distance of 167.95 feet; South 50 °56' 10" East, a distance of 143.70 feet; South 76 01410" East, a distance of 149.55 feet; South 73 °44' l0" East, a distance of 158.85 feet; South 21 *02'10" East, a distance of 58.36 feet; South 21 °50'50" West, a distance of 64.47 feet; South 51 °23'50" West, a distance of 181.78 feet to the north right -of -way line of said Interstate Highway 10, being the southeast corner of said tract herein described; THENCE North 87016110" West with the north right -of -way line of said Interstate Highway 10, a distance of 1,541.71 feet to the POINT OF BEGINNING and containing 16.035 acres of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM loot (1442 -051) Date: 08/08/08 emlm•rUCT144 44.w TRACT 4 DESCRIPTION OF A 16.503 -ACRE TRACT OF LAND OUT OF THE GEORGE ELLIS LEAGUE, A-2 1. AND THE WILLIAM BLOODGOOD SURVEY, A -4. HARRIS COUNTY, TEXAS Being a tract of land containing 16.503 acre (718,890 square feet) out of the George Ellis League. A -21, and the William Bloodgood Survey, A-4. Harris County, Texas. Said 16.503 -acre tract being out of a residue of a called 172.63 -acre tract of land conveyed to R.D. Burnside III by deed recorded under Hams County Clerk's File No. (H.C.C.F. No.), T435810, Film Code No. (F.C. No.) 522 -77 -3636 of the Official Public Records of Real Property of Hams County, Texas (O.P.R.R.P.H.C.). Said 16.503 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the ChevronPhillips Cedar Bayou Horizontal Control System) BEGINNING at a found 5/8 -inch iron rod in the westerly right -of -way line of Sjolander Road (width varies), for the southeasterly comer of said residue of a called 172.63 -acre tract and the northeasterly comer of a 226.453 -acre tract of land conveyed to 219 -I.H. 10 Ltd. as recorded under H.C.C.F. No. G350652, F.C. No. 145 -98 -1857 of the O.P.R.R.P.H.C.; THENCE North 89 031'55" West with the southerly line of said residue of a called 172.63 -acre tract, and with the northerly line of said 226.453 -acre, a distance of 1,044.26 feet to a 5/8 -inch iron rod with cap stamped "WEISSER. HOUSTON" set for a southwesterly comer of said tract herein described; THENCE North 31058'05" East with a southeasterly line of a 3.9438 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under H.C.C.F. No. F119760, F.C. No. 163 -18 -1319 of the O.P.R.R.P.H.C. and with a northwesterly line of said tract herein described, a distance of 537.17 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for the southerly northwesterly comer of said tract herein described; THENCE South 89 °57'55" East with the southerly line of a 0.672782 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under H.C.C.F. No. H618484, F.C. No. 025 -88 -2190 of the O.P.R.R.P.H.C. and a northerly line of said tract herein described, a distance of 94.27 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for an interior comer of said tract herein described; THENCE North 31 °58'05" East with the southeasterly line of said 0.672782 -acre tract of land and a northwesterly line of said tract herein described. a distance of 341.40 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for an interior comer of said tract herein described; THENCE North 58001'55" West with the northeasterly line of said 0.672782 -acre tract of land and a southwesterly line of said tract herein described, a distance of 80.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER. HOUSTON" set in a southeasterly line of said 3.9438 -acre tract of land for the northerly southwesterly corner of said tract herein described; THENCE North 3l °58'05" East with a southeasterly line of said 3.9438 -acre tract of land and with a northwesterly line of said tract herein described. a distance of 362.14 feet to a 5/8 -inch iron rod with cap stamped "WEISSER. HOUSTON" set for the northerly northwesterly corner of said tract herein described; THENCE North 56 059'39" East with a southeasterly line of said 3.9438 -acre tract of land and with a northwesterly line of said tract herein described, a distance of 187.36 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for an angle point of said tract herein described. Exhibit "A" 1V1�01.t4R�.W NS00� THENCE North 31058'05" East with a southeasterly line of said 3.9438 -acre tract of land and with a northwesterly line of said tract herein described, a distance of 169.02 feet to a 5/8 -inch iron rod with cap stamped "WBlssM HouSMN" set in the westerly right -of -way line of said Sjolander Road for the northeasterly comer of said tract herein described; THENCE South 04 °50'41" East with the westerly right -of- -way line of said Sjolander Road and with the easterly line of said tract herein described, a distance of 1,353.66 feet to the POINT OF BEGINNING and containing 16.503 acres (718,890 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/08/08 Exhibit "A" cmim'- furroav W',Oq TRACT 5 DESCRIPTION OF A 112.400 -ACRE TRACT OF LAND OUT OF THE GEORGE ELLIS LEAGUE, A -21, HARRIS COUNTY, TEXAS Being a tract of land containing 112.400 acre (4,896,136 square feet) out of the George Ellis League, A -21, Harris County, Texas. Said 112.400 -acre tract being out of a residue of a called 172.63 -acre tract of land conveyed to R.D. Burnside III by deed recorded under Hams County Clerk's File No. (H.C.C.F. No.), T435810, Film Code No. (F.C. No.) 522 -77 -3636 of the Official Public Records of Real Property of Harris County, Texas (O.P.R.R.P.H.C.). Said 112.400 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the ChevronPhillips Cedar Bayou Horizontal Control System) COMMENCING at a found 5/8 -inch iron rod for the southeasterly corner of said residue of a called 172.63 -acre tract, in the westerly right -of -way line of Sjolander Road (width varies) and the northeasterly comer of a 226.453 -acre tract of land conveyed to 219 -I.H. 10 Ltd., recorded under Harris County Clerk's File No. G350652. Film Code No. 145 -98 -1857 of the Official Public Records of Real Property of Harris County, Texas; THENCE North 89 °31'55" West with the southerly line of said residue of a called 172.63 -acre tract and with the northerly line of said 226.453 -acre, a distance of 1,138.95 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for the POINT OF BEGINNING and the southeasterly corner of said tract herein described; THENCE North 89031'55" West with the southerly line of said residue of a called 172.63 -acre tract and with the northerly line of said 226.453 -acre and with the southerly line of said tract herein described, a distance of 1,907.73 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for the southwesterly comer of said tract herein described; THENCE North 00 003'23" East with a westerly line of said residue of a called 172.63 -acre tract, with the easterly line of Harvest Meadows Baytown as recorded under F.C. No. 532110 of the Harris County Map Records and with a westerly line of said tract herein described a distance of 1.966.22 feet to a found 1/2 -inch iron rod for the southerly northwesterly comer of said tract herein described; THENCE South 89 °07'23" East with a northerly line of said residue of a called 172.63 -acre tract, with the southerly line of a 8.84 -acre tract of land conveyed to R.D. Burnside III as recorded under H.C.C.F. No. S141482, F.C. No. 510 -22 -1376 of the O.P.R.R.P.H.C., with the southerly line of a 5.0 -acre tract of land conveyed to Lang D. Havens and wife, Diana Havens as recorded under H.C.C.F. No. S 174285, F.C. No. 510- 49 -3720 of the O.P.R.R.P.H.C. and with a northerly line of said tract herein described, a distance of 908.10 feet to a found 1 -inch iron pipe for the southeasterly corner of said 5.0 -acre tract of land and an interior comer of said tract herein described; THENCE North 00 052'57" East with a westerly line of said residue of a called 172.63 -acre tract, with the easterly line of said 5.0 -acre tract of land and with a westerly line of said tract herein described, a distance of 660.18 feet to a found 1 -inch iron pipe for the northeasterly comer of said 5.0 -acre tract of land and for the northerly northwesterly comer of said tract herein described; THENCE South 89 °07'03" East with a northerly line of said residue of a called 172.63 -acre tract of land and with the southerly right -of -way line of said Wallisville Road and a northerly line of said tract herein described, a distance of 59.92 feet to a found 1/2 -inch iron rod for the northerly northeasterly corner of said tract herein described; THENCE South 00 °52'57" West with an easterly line of said residue of a called 172.63 -acre tract, with the westerly line of a 3 -acre tract of land conveyed to Victoria Lyn Starett, as recorded under H.C.C.F. No. 8959300, F.C. No. 508- 65 -2671 of the O.P.R.R.P.H.C. and an easterly line of said tract herein described, a distance of 660.18 feet to a found 1 -inch iron pipe for the southwesterly comer of said 3 -acre tract of land for an interior comer of said tract herein described; Exhibit "A" MlWORARtat a�ro0� THENCE South 89 007'23" East with a northerly line of said residue of a called 172.63 -acre tract, with the southerly line of said 3 -acre tract of land, with the southerly line of a 2.5 -acre tract of land conveyed to James Stanley Starett and wife, Judith Given Starett as recorded under H.C.C.F. No. P208545, F.C. No. 10457 -2665 of the O.P.R.R.P.H.C., with the southerly line of a 3 -acre tract of land conveyed to W.C. Hopper and wife, Bettie T. Hopper as recorded under H.C.C.F. No. C550082, F.C. No. 078 -30 -1184 of the O.P.R.R.P.H.C., with the southerly line of a 3 -acre tract of land conveyed to Billy Wayne Simmons and wife, Sandra Lou Simmons as recorded under H.C.C.F. No. C372509, F.C. No. 068 -21 -0027 of the O.P.R.R.P.H.C., with the southerly line of a 2 -acre tract of land conveyed to Edwin A. Sheffield and wife, Dorothy Lois Sheffield as recorded under H.C.C.F. No. C966000, F.C. No. 108 -26 -1013 of the O.P.R.R.P.H.C., with the southerly line of a 5 -acre tract of land conveyed to James D. Heffernan and wife, Dorothy E. Heffernan as recorded under H.C.C.F. No. C369919, F.C. No. 059 -35 -0986 of the O.P.R.R.P.H.C., with the southerly line of a 10 -acre tract of land conveyed to James D. Heffernan and wife, Dorothy E. Heffernan as recorded in Volume 3448, Page. 338 of the Harris County Deed Records and with a northerly line of said tract herein described, a distance of 1,879.20 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for the southerly northeasterly corner of said tract herein described; THENCE South 00 °28'05" West with the easterly line of a 1.0894 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under H.C.C.F. No. G262504, F.C. No. 140 - 88.1445 of the O.P.R.R.P.H.C. and with the easterly line of said tract herein described, a distance of 435.89 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for an angle point of said tract herein described; THENCE South 31 058'05" West with the northwesterly line of a 3.9438 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under H.C.C.F. No. F119760, F.C. No. 163 -18 -1319 of the O.P.R.R.P.H.C. and with the southeasterly line of said tract herein described, a distance of 1,770.92 feet to the POINT OF BEGINNING and containing 112.400 acre (4,896,136 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/08/08 Exhibit "A" CM WI-Tucrid.' ♦w= TRACT 6 DESCRIPTION OF A 4.014 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY, TEXAS Being a tract of land containing 4.014 acres (174.857 square feet) out of the William Bloodgood Survey, A-4, Harris County, Texas. Said 4.014 -acre tract being out of a 12.167 -acre tract of land conveyed to Tommy J. Kimmey by deed recorded under County Clerk's File No. L175389, Film Code No. 183 -27 -0287 of the Official Public Records of Real Property, Hams County, Texas. Said 4.014 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line of said 12.167 -acre tract) BEGINNING at the northwest comer of a 14. 6000 -acre tract conveyed to Diamond Shamrock Corporation by deed recorded under County Clerk's File No. F028297, Film Code No. 157 - 19.1571 of the Official Public Records of Real Property, Harris County, Texas and the southwest corner of the residue of a 11.017 -acre tract of land conveyed to James C. Savell and Mary Ann Savell by deed recorded under County Clerk's File No. D000865. Film Code No. 110 -26 -1402 of the Official Public Records of Real Property, Hams County, Texas from which a found 5/8 -inch iron rod bears North 71042'22" West, a distance of 0.29 feet; THENCE North 10 039'56" West with the east line of the residue of said 11.017- acre tract of land, with the west line of said 12.167 -acre tract of land and with the west line of said tract herein described, a distance of 300.00 feet to a 5/8 -inch iron rod with cap sped "WEISSER ENO., HOUSTON. TX" set for the northwest comer of said tract herein described; THENCE North 79015'30" East with the north line of said tract herein described, a distance of 583.59 feet to a 5/8 -inch iron rod with cap stamped "wEISSER ENO., HOUSTON, Tx" set for the northeast corner of said tract herein described and being the west line of a 13.167 -acre tract of land conveyed to David W. Kimmey by deed recorded under County Clerk's File No. L175385, Film Code No. 183 -27 -0251 of the Official Public Records of Real Property, Hams County, Texas; THENCE South 10°23' 17" East with the west line of said 13.167 -acre tract of land, with the east line of said 12.167 -acre tract and with the east line of said tract herein described, a distance of 300.00 feet to a 5/8 -inch iron rod with cap stamped "wEtsSER ENO., HOUSTON, TX" set for the southeast comer of said tract herein described; THENCE South 79 015'30" West with the north line of said 14.6000 -acre tract, with the south line of said 12.167 -acre tract and with the south line of said tract herein described. a distance of 582.14 feet to the POINT OF BEGINNING and containing 4.014 acres (174,857 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/08/08 Exhibit "A" CM1001 TILA[T6aa Jv;�01 TRACT 7 DESCRIPTION OF A 2.066 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY, TEXAS Being a tract of land containing 2.066 acres (89,998 square feet) out of the William Bloodgood Survey, A-4, Harris County, Texas. Said 2.066 -acre tract being out of a 13.167 -acre tract of land conveyed to David W. Kinney by deed recorded under County Clerk's File No. L175385, Film Code No. 183 -27 -0251 of the Official Public Records of Real Property, Hams County, Texas. Said 2.066 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line of said 13.167 -acre tract) COMMENCING at the northwest corner of a 14.6000 -acre tract conveyed to Diamond Shamrock Corporation by deed recorded under County Clerk's File No. F028297, Film Code No. 157 -19 -1571 of the Official Public Records of Real Property, Harris County, Texas and the southwest corner of a 12.167 -acre tract of land conveyed to Tommy J. Kimmey by deed recorded under County Clerk's File No. LI75389, Film Code No. 183 -27 -0287 of the Official Public Records of Real Property, Hams County, Texas from which a found 5/8 -inch iron rod bears North 7l °42'22" West. a distance of 0.29 feet; THENCE North 79 °15'30" East with the south line of said 12.167 -acre tract and with the north line of said 14.6000, a distance of 582.14 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, Tx" set for the POINT OF BEGINNING and the southwest comer of said tract herein described and being the southwest comer of said 13. 167 -acre tract of land; THENCE Notch 10 °23' 17" West with the east line of said 12.167 -acre tract of land, with the west line of said 13.167 -acre tract of land and with the west line of said tract herein described, a distance of 300.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, Tx" set for the northwest corner of said tract herein described; THENCE North 7901510" East with the north line of said tract herein described. a distance of 300.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, Tx" set for the northeast comer of said tract herein described and being the west line of a 13.156 -acre tract of land conveyed to Chevron Chemical Company, L.L.C. by deed recorded under County Clerk's File No. S988534, Film Code No. 518 -25 -3840 of the Official Public Records of Real Property, Harris County. Texas; THENCE South 10 °23'17" East with the west line of said 13.156 -acre tract of land, with the east line of said 13.167 -acre tract and with the east line of said tract herein described, a distance of 300.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON. TX" set for the southeast comer of said tract herein described; THENCE South 79 015'30" West with the north line of said 14.6000 -acre tract, with the south line of said 13.167 -acre tract and with the south line of said tract herein described, a distance of 300.00 feet to the POINT OF BEGINNING and containing 2.066 acres (89,993 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston. Texas 77084 Job No.: CM 1001 (1442.051) Date: 08/08/08 Exhibit "A" 011001 INACf 7do, M46k TRACTS DESCRIPTION OF A 149.829 -ACRE (6,526,536 SQ. FT.) TRACT OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, A -21 AND IN THE 1VILLIAINI BLOODGOOD SURVEY, A4, HARRIS COUNTY AND CHAMBERS COUNTY, TEXAS Being a 159.829 -acre (6,962.136 square foot) (gross) tract of land less save and except a 10.000 - acre (435.600 square foot) tract of land as described below. Said 159.829 -acre tract being situated in the George Ellis Survey, A -21 and the William Bloodgood survey, A4, Harris County Chambers County, Texas. Said 159.829 -acre tract being out of and part of a called 261.275 -acre tract of land conveyed to DGAJA, LTD, as recorded under Harris County Clerk's File Number R859902, Film Code Number S07.79 -3670 of the Official Public Records of Real Property of Harris County, Texas. Said 159.829 -acre tract being more particularly described by metes and bounds as follows: bearings called in the following description are based on the Chevron Phillips Cedar Bayou Horizontal Control System BEGINNING at a 5/8 -inch iron rod found in the north right -of -way line of Wallisville Road right -of -way width varies, for the southeast comer of a called 1.0716 -acre tract of land conveyed to Paul Lee Hinton as recorded under Harris County Clerk's File Number L331460, Film Code Number 192 -26 -2110 of the Official Public Records of Real Property, Harris County. Texas and for a southwest corner of said tract herein described; THENCE North 00 010'23" East, with an east line of the said 1.0716 -acre tract, with the east line of a called 2.9284 -acre tract of land conveyed to Paul A. Hinton as recorded under Harris County Clerk's File Number Y290961, Film Code Number 002 -15 -1785 of the Official Public Records of Real Property. Harris County, Texas and with a west line of said tract herein described, a distance of 1019.26 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX" set, for the southwest comer of Reserve "A" "Water Plant Site" of Hunters Village Subdivision as recorded under Film Code Number 428062 of the Map Records of Harris County, Texas, and for a northwest comer of said tract herein described; THENCE South 89°47'22" East, with the south line of said Reserve "A" and a north line of said tract herein described, a distance of 310.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set, for the southeast corner of said Reserve "A ", and for an interior corner of said tract herein described; THENCE North 00 °10'23" East, with an east line of said Reserve "A" and a west line of said tract herein described, a distance of 6.59 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set, for a northwest comer of said tract herein described; THENCE North 54 037'32" East, over and across said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 795.69 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set, for an angle point of the said tract herein described; THENCE North 5l °43'14" East, over and across said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 1401.37 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG.. HOUSTON. TX." set for a north corner of said tract herein described; THENCE South 680 51' 04" East, over and across said 261.275 -acre tract and with a northeast line of said tract herein described, a distance of 506.38 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior comer of said tract herein described; THENCE North 520 00' 25" East, over and across said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 730.63 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior comer of said tract herein described; THENCE North 680 51' 04" West, over and across said 261.275 -acre tract and with a southwest line of said tract herein described, a distance of 580.31 feet to a point in the centerline of Cedar Bayou for a west comer of said tract herein described; THENCE with the meanders of the centerline of said Cedar Bayou and the Hams - Chambers counties line the following courses and distances; Exhibit "A" (VI001 MACTIi" a0:2M North 5l °43'14" East, a distance of 141.48 feet for an angle point of said tract herein described; North 71017'13" East, a distance of 107.64 feet for an angle point of said tract herein described; South 80 °44'20" East, a distance of 34.94 feet for an angle point of said tract herein described; South 48 025'52" East, a distance of 192.07 feet for an angle point of said acct herein described; South 83 °35'57" East, a distance of 376.96 feet for an angle point of said tract herein described; North 78 034'46" East, a distance of 190.66 feet for an angle point of said tract herein described; South 49 °48'44" East, a distance of 220.87 feet for an angle point of said tract herein described; North 75 °46'22" East, a distance of 55.38 feet for an angle point of said tract herein described; THENCE North 27 °04'4S" East, at a distance of 149.34 feet pass the southwesterly line of Cedar Bayou Channel and the southwesterly line of Hams County Flood Control District Easement as recorded in Volume 2245, Page 24, Volume 2245, Page 61, and Volume 2294, Page 320 of the Deed Records of Hams County, Texas, continuing for a total distance of 240.52 feet for an angle point; THENCE North 23°06'32" East, with the meander of said Cedar Bayou and the county line, at a distance of 30.22 feet pass the centerline of said Cedar Bayou channel, at 155.77 feet pass the north right -of -way line of said Cedar Bayou Channel and the north line of said Hams County Flood Control District Easement, continuing for a total distance of 246.15 feet for an angle point; THENCE continuing with the meander of said Cedar Bayou and the Harris - Chambers counties line the following courses and distances: North 27 000'39" East, a distance of 299.92 feet for an angle point of said tract herein described; North 12 °26'04" West, a distance of 207.78 feet for an angle point of said tract herein described; South 73 °38'45" East, a distance of 277.34 feet for an angle point of said tract herein described; South 87 °57'52" East, a distance of 255.09 feet for an angle point of said tract herein described; South 10 °17'10" East, a distance of 537.47 feet for an angle point of said tract herein described; South 30 °46'00" East, a distance of %.50 feet for an angle point of said tract herein described; South 20 °52'57" West, a distance of 335.40 feet for an angle point of said tract herein described; South 45 °22'00" West, a distance of 311.01 feet for an angle point of said tract herein described; THENCE South 20 °06'53" West, at a distance of 77.88 feet pass the aforementioned north right- of -way line of said Cedar Bayou Channel and Harris County Flood Control District Easement line, at 209.06 feet pass the centerline of Cedar Bayou Channel, at 340.24 feet pass the south line of said Cedar Bayou Channel and Harris County Flood Control District Easement, continuing for a total distance of 301.09 feet for an angle point in the centerline of said Cedar Bayou and the common county line; THENCE continuing with the meander line of said Cedar Bayou and the Hams - Chambers Counties line the following courses and distances: South 52 °42'00" West, a distance of 137.07 feet for an angle point of said tract herein described; South 52 019'12" West, a distance of 72.82 feet for an angle point of said tract herein described; South 87 034'38" West, a distance of 104.23 feet for a point for comer of the tract herein described; South 85042'17" West, a distance of 64.76 feet for an angle point of said tract herein described; South 71 034'37" West, a distance of 27.40 feet for an angle point of said tract herein described; Exhibit "A" 1M1901- MACTIas La204 THENCE North 57 °27'27" West, leaving the centerline of said Cedar Bayou, over and across the said called 261.275 -acre tract, at a distance of 100.00 feet pass the northwesterly line of a 100 foot wide Harris County Flood Control District Easement as described by deed recorded in Volume 1746, Page 635, Volume 1746, Page 637, and Volume 1750, Page 673 of the Harris County Deed Records, continuing for a total distance of 242.49 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior corner of said tract herein described, and lying in the southeasterly line of a Diamond Shamrock right -of -way easement as recorded under Harris County Clerk's File Number J 140987, Film Code Number 058 -98 -0970 of the Official Public Records of Real Property, Harris County, Texas; THENCE South 59 °56'46" West, with the southeasterly line of said Diamond Shamrock right -of- way easement, over and across the said called 261.275 -acre tract, distance of 210.67 feet to a S/8- inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior corner of said tract herein described, and lying in the southeasterly line of said Diamond Shamrock right - of -way easement; THENCE South 32 °06'36" West, continuing with the southeasterly line of said Diamond Shamrock right -of -way easement, over and across the said called 261.275 -acre tract, distance of 708.37 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior comer of said tract herein described, and lying in the southeasterly line of said Diamond Shamrock right -of -way easement; THENCE South 48 1145'50" East, leaving the southeasterly line of said Diamond Shamrock right - of -way easement, over and across the said called 261.275 -acre tract, distance of 307.51 feet to a point in the centerline of said Cedar Bayou for corner of the tract herein described, and being in a west line of a called 5.00 -acre tract of land conveyed to ChevronPhillips Chemical Company as recorded under Harris County Clerk's File Number X290799, Film Code Number 580.12 -0918 of the Official Public Records of Real Property of Harris County, Texas; THENCE South 64 026' 11" West, with the meander line of said Cedar Bayou, a distance of 33.41 feet to a point in the centerline of said Cedar Bayou, for a comer of the tract herein described, and being the southwest comer of the said 5.00 -acre tract; THENCE with the meander line of said Cedar Bayou, being the east line of the tract herein described and the west line of a 60 foot wide ingress and egress easement as described by deed recorded under Harris County Clerk's File Number L695298, Film Code Number 118-68 -2255 of the Official Public Records of Real Property, Harris County, Texas the following courses and distances and west line of a called 13.167 -acre tract of land conveyed to David W. Kimmey as recorded under Harris County Clerk's File Number L175385, Film Code Number 183 -27 -0251 of the Official Public Records of Real Property, Harris County, Texas and a called 12.167 -acre tract of land conveyed to Tommy J. Kimmey as recorded under Harris County Clerk's File Number L175389, Film Code Number 183 -27 -0287 of the Official Public Records of Real Property, Hams County, Texas: South 46 °11'06" West, a distance of 155.24 feet for an angle point of said tract herein described; South 73 032'50" West, a distance of 60.41 feet for an angle point of said tract heroin described; South 57 °23'09" described; South 34051'49" West, a distance of 240.93 feet for an angle point of said tract herein West, a distance of 223.67 feet for an angle point of said tract hereto described; South 34 °01'10" West, a distance of 258.16 feet for an angle point of said tract herein described; South 26 052'36" West, a distance of 99.57 feet for an angle point of said tract herein described; South 53 015'38" West, a distance of 238.92 feet for an angle point of said tract herein described; South 35 °07' 1 l" West, a distance of 160.79 feet for an angle point of said tract herein described; South 52 008'00" West, a distance of 115.79 feet for an angle point of said tract herein described; THENCE North 89 006'32" West, with the southerly line of said tract herein described and a northerly line of the said 60 -foot wide ingress and egress easement, a distance of 229.03 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for a southeast corner of said tract herein described and a called 4.00 -acre tract of land conveyed to DGAJA. LTD. recorded information unknown. Exhibit "A" (Nioo(•TtAR /a„ $OWN THENCE North 314 40' 09" East, over and across said 261.275 -acre tract and with a southeast line of said tract herein described, a distance of 410.61 feet to a 1/2-inch iron rod found with cap stamped "Henicke" for an interior comer of said tract herein described; THENCE North 89" 06' 38" West, over and across said 261.275 -acre tract, with a north Itne of said 4.00 -acre tract and with a south line of said tract herein described, a distance of 615.98 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX." set for an interior comer of said tract herein described; THENCE South 04° 35' 47" East over and across said 261.275 -acre tract, with a west line of said 4.00 -acre tract and with an east line of said tract herein described, a distance of 354.39 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX." set in a north line of said 60 foot wide ingress and egress easement; THENCE North 89 006'32" West, with a north line of said 60 foot wide ingress and egress easement at 110.62 feet pass the northwest intersection of Wallisville Road 70 feet wide and Sjolander Road 60 feet wide, continuing for a total distance of 200.95 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX." set for the southeast comer of a called 2.0000 -acre tract conveyed to Expansion Properties, Inc. by deed recorded under Hams County Clerk's File Number X682517, Film Code Number 58745 -2192 of the Official Public Records of Real Property of Harris County, Texas and for a southwest comer of said tract herein described; THENCE North 05 °21'04" West, with an east line of the said called 2.0000 -acre tract and with an interior line of said tract herein described ;, a distance of 454.01 feet to a to 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an angle point of the called 2.000 - acre tract of land and for an angle point of said tract herein described; THENCE North 00 "16' 15" East, with an east line of the said called 2.0000 -acre tract and with an interior line of said tract herein described, a distance of 140.41 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the northeast comer of said 2.000 -acre tract of land and for an interior comer of said tract herein described; THENCE North 88 046'03" West, with the north line of the said called 2.0000 -acre tract and with an interior line of said tract herein described, a distance of 152.45 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the northwest comer of said 2.000 -acre tract of land and for an interior comer of said tract herein described; THENCE South 04 °01'01" East, with the west line of the said called 2.0000 -acre tract and with an interior line of said tract herein described, a distance of 594.81 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set in the north right -of -way line of said Wallisville Road, for the southwest comer of said 2.0000 -acre tract of land and for a southeast comer of said tract herein described; THENCE North 89 006'32" West with the north right -of -way line of said Wallisville Road and with a south line of the tract herein described, a distance of 1285.81 feet to the POINT OF BEGINNING and containing 159.829 acres (6,962,136 square feet) (gross) less save and except 10.000 acres (43S,600 square feet) (described below) leaving a net acreage of 149.829 (6,526,536 square feet) of land. SAVE AND EXCEPT as follows: Being a 10.000 -acre (435,600 square foot) tract of land situated in the William Bloodgood Survey, A-4, Harris County, Texas. Said 10.000 -acre tract being more particularly described by metes and bounds as follows: bearings called in the following description are based on the Chevron Phillips Cedar Bayou Horizontal Control System COMMENCING at a 5/8 -inch iron rod found in the north right -of -way line of Wallisville Road right -of -way width varies, for the southeast comer of a called 1.0716 -acre tract of land conveyed to Paul Lee Hinton as recorded under Harris County Clerk's File Number 1-331460, Film Code Number 192 -26 -2110 of the Official Public Records of Real Property, Hams County, Texas and for a southwest comer of a called 261.275 -acre tract of land conveyed to DGAJA, LTD. as recorded under Harris County Clerk's File Number R859902, Film Code Number 507 -79 -3670 of the Official Public Records of Real Property of Hams County, Texas THENCE South 89 °06'32" East, with the north right -of -way line of said Wallis-ville Road and the south line of the said 261.275 -acre tract, a distance of 1514.49 feet to a point in the north nght -of way line of Wallisville Road, the south line of said called 261.275 -acre tract, the east lux of the G. Ellis Survey, A -21 and the west line of the William Bloodgood Survey, A -4; Exhibit "A" i.1001.1ucr a m. ILIWZM THENCE North 00 037' 10" East, over and across the said 261.275 -acre tract, with the east line of the G. Ellis Survey, A -21 and with the west line of the William Bloodgood Survey, A- 4, a distance of 1101.07 feet to a point; THENCE East, leaving the cast line of said G. Ellis Survey, A -21 and west line of said William Bloodgood Survey, A. 4, over and across the said 261.175 -acre tract, a distance of 264.23 feet to a 1/2 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the POINT OF BEGINNING and the most southwest comer of the said tract herein described; THENCE North 03 °21' 10" East, over and across said 261.271 -acre tract, and with a west line of the said tract herein described, a distance of 564.70 feet to a 1/2-inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX:" set for the northwest comer of said tract herein described; THENCE South 86 °38'50" East, over and across said 261.271 -acre tract, and with the north line of the said tract herein described, a distance of 660.000 feet to a 1/2 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the northeast comer of said tract herein described-, THENCE South 03 °2VI V West, over and across said 261.271 -acre tract, and with the east line of the said tract herein described, a distance of 691.75 feet to a 1/2 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the southeast comer of said tract herein described; THENCE North 86 038'50" West, over and across said 261.271 -acre tract, and with a south line of the said pact herein described, a distance of 495.07 feet to a 112 -inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX" set for a corner of said tract herein described; THENCE North 03021'10" East, over and across said 261.271 -acre tract, and with a west line of the said tract herein described, a distance of 127.05 feet to a 1/2 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior comer of said tract herein described; THENCE North 86 °38'50" West, over and across said 261.271 -acre tract, and with south line of the said tract herein described, a distance of 164.93 feet to the POINT OF BEGINNING and containing 10.000 acres (435,600 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 1442 -051 Date: 08/08/08 Exhibit "A" 041001 TKAa I&. a910p/ TRACT 9 DESCRIPTION OF A 9.872 -ACRE (430,043 SQ. FT.) TRACT OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, A -21 AND IN THE WILLIAM BLOODGOOD SURVEY, A4, HARRIS COUNTY, TEXAS Being a 9.872 -acre (430,043 square foot) tract of land situated to the George Ellis Survey, A -21 and the William Bloodgood Survey, A4, Harris County. Texas. Said 9.872 -acre tract being out of and part of a called 261.275 -acre tract of land conveyed to DGAJA, LTD. as recorded under Harris County Clerk's File Number R859902, Film Code Number 507.79 -3670 of the Official Public Records of Real Property of Harris County, Texas. Said 9.872 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the Chevron Phillips Cedar Bayou Horizontal Control System) BEGINNING at a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set in the south line of a called 9.3462 -acre tract of land conveyed to Quantum Chemical Corp. as recorded under Harris County Clerk's File Number N066579 of the Official Public Records of Real Property, Harris County, Texas. for the north corner of Reserve "B" of Hunters Village as recorded under Film Code Number 428062 of the Map Records of Harris County, Texas and &r the northwest comer of said tract herein described; THENCE South 89° 24' 06" East, with the south line of said 9.3462 -acre tract and with the north line of said tract herein described, a distance of 1473.32 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the northeast comer of said tract herein described; THENCE South 510 43' 14" West, over and across said 261.275 -acre tract and with the southeast line of said tract herein described, a distance of 1041.82 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set in the northeast line of said Reserve "B" for the south comer of said tract herein described, said point being on a non - tangent curve to the left; THENCE in a northwesterly direction along said curve to the left, an arc length of 950.18 feet to the POINT OF BEGINNING and containing 9.872 acres (430,043 square feet) of land, said curve having a radius of 1350.00 feet, a central angle of 40° 19' 37", a chord bearing of North 44° 45' 56" West and a chord length of 930.69 feet. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001(1142 -051) Date: 08/088/08 Exhibit "A" 011001•ianc10 J. ,.roa TRACT 10 DESCRIPTION OF A 15.001 -ACRE TRACT OF LAND OUT OF THE GEORGE ELLIS LEAGUE, A -21 AND THE WILLIAM BLOODGOOD SURVEY, A4, HARRIS COUNTY. TEXAS Being a tract of land containing 15.001 acres (6S3,449 square feet) out of the George Ellis League, A -21 and the William Bloodgood Survey, A4, Harris County, Texas. Said 15.001 -acre tract being all of a 10 -acre tract of land conveyed to Dorothy Het&ntan Marital Trust by deed recorded under County Clerk's File No. W679286, Film Code No. S67 -98 -1450 of the Official Public Records of Real Property, Hams County, Texas and being out of a S -acre tract of land conveyed to lames D. Heffernan and wife, Dory E. Heffeman by deed recorded under County Clerk's File No. C369919, Film Code No. 059 -3S -0986 of the Official Public Records of Real Property, Hams County, Texas. Said 15.001 -acre pact being more particularly described by metes and bounds as follows: (beanng orientation in the following description are based on the ChevronPhillips Cedar Bayou Honzontal Control System) BEGINNING at a 3/8 -inch iron rod with cap stamped "WEISSER ENO, HOUSTON, Tx" set for the southeast comer of said 10 -acre tract, for the northeast corner of a 1.0894 -acre tract of land conveyed to Diamond Shamrock Corporation by deed recorded under County Clerk's File No. G262504, Film Code No. 140 -88 -1445 of the Official Public Records of Real Properly, Harris County, Texas and being in the, west right -of -way line of Sjolander Road (width vanes) and for the southeast corner of sold tract herein described; THENCE North 89 °07'23" West with the north line of said 1.0894 -acre tract, with the south line of said 10 -acre tract, with the south line of said 5 -acre tract and with the south line of said tract herein described, at a distance of 32.72 feet passing the east line of the residue of a 172.63 -acre tract oP land conveyed to R.D. Burnside III by deed recorded under County Clerk's File No. T435810, Film Code No. 522 -77 -3636 of the Official Public Records of Real Property, Harris County, Texas and continuing for a total distance of 1021.00 feet to a 5/9 -inch iron rod with cap stamped "WEISSER ENO, HOUSTON, Tx" set for the southwest comer of said tract herein described and being the southwest comer of said 5-acre tract an the southeast comer of a 2 -acre tract of land conveyed to Edwin A. Sheffield and wife, Dorthy Lois Sheffield by deed recorded under County Clerk's File No. C966000, Film Code No. 108 - 26.1013 of the Official Public Records of Real Property, Hams County, Texas; THENCE North 00 °52'57" East with the east line of said 2 -acre tract, with the west line of said 5- acre tract and with the west line of said tract herein described, a distance of 660.10 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for the northwest comer of said tract herein described and being in the south right -of -way line of Wallisville Road (width vanes); THENCE South 89 007'03" East with the south right -of -way line of said Wallisville Road, with the north line of said 5-acre tract, with the north line of said 10 -acre tract and with the north line of said tract herein described, a distance of 959.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, Tx" set for the northeast corner of said tract herein descnbed; THENCE South 04 029'03" East with the west right -of -way line of said Sjolander Road, with the east line of said 10 -acre tract and with the east line of said tract herein described, a distance of 662.91 feet to the POINT OF BEGINNING and containing 1 5.001 acres (653,449 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston. Texas 77084 Job No.: CM 1001(1442 -051) Date: 08/08/08 Exhibit "A" MIME MCC41W14RACT M. TRACT I 1 DESCRIPTION OF AN 8.435 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a tract of land containing 8.435 acres (367,442 square feet) out of the William Bloodgood Survey, A -4, Harris County, Texas. Said 8.435 -acre tract being out of a 175.22 -acre tract conveyed to Sjolander / I -10 North by deed recorded under County Clerk's File No. E006857, Film Code No. 169 -32 -2134 of the Official Public Records of Real Property, Harris County, Texas. Said 8.435 -acre tract being more particularly described by metes and bounds as follows: (bearings based on the southeast line of said 175.552 -acre tract) BEGINNING at the south comer of said 8.435 -acre tract and an east corner of the residue of a 261.275 -acre tract of land conveyed to DGAJA, Ltd. recorded under Countyy Clerk's File No. R859902, Film Code No. 507 -79 -3670 of the Official Public Records df Real Property, Hams County, Texas; THENCE North 48 045'50" West with a northeast line of the residue of said 261.275 -acre tract and with the southwest line of the tract herein described, a distance of 46.85 feet past a 3/4 -inch iron rod and continuing for a total distance of 307.51 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO, HOUSTON, TX" set for the west comer of said tract herein described; THENCE North 32 006'36" East with a southeast line of the residue of said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 708.37 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO, HOUSTON, TX" set for an angle point of said tract herein described; THENCE North 59 056'46" East with a southeast line of the residue of said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 210.67 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO, HOUSTON, Tx" set for the north comer of said tract herein described; THENCE South 57 027'27" East with a southwest line of the residue of said 261.275 -acre tract and with a northeast line of said tract herein described, a distance of 242.49 feet to a point in the centerline of Cedar Bayou for the east corner of said tract herein described and being in the northwest line of a 35.00 -acre tract of land conveyed to Texas Eastern Transmission Corporation recorded in Volume 239, Page 195 of the Deed Records of Chambers County, Texas; THENCE South 71 °34'16" West with the centerline of Cedar Bayou, with the northwest line of said 35.00 -acre tract and with the southeast line of said tract herein described, a distance of 56.38 feet to an angle point; THENCE South 18 026'40" West with the centerline of Cedar Bayou, with the west line of said 35.00 -acre tract and with the east line of said tract herein described, a distance of 190.91 feet to an angle point; THENCE South 37 016'04" East with the centerline of Cedar Bayou, with the southwest line of said 35.00 -acre tract and with a northeast line of said tract herein described, a distance of 252.23 feet to a point for the east comer of said tract herein described and being in the northwest line of a 5.00 -acre tract of land conveyed to Chevron Phillips Chemical Company, LP recorded under County Clerks File No. X290799 of the Official Public Records of Real Property, Harris County, Texas; THENCE South 61 °34'16" West with the centerline of Cedar Bayou, with the northwest line of said 5.00 -acre tract and with the southeast line of said tract herein described. a distance of 502.29 feet to an angle point; THENCE South 00016'17" West with the centerline of Cedar Bayou, with the west line of said 5.00 -acre tract and with the east line of said tract herein described.) a distance of 76.96 feet to an angle point; THENCE South 64 017'06" West with the northwest line of said 5.00 -acre t1 and with the southeast line of said tract herein described, a distance of 142.97 feet to POINT OF BEGINNING and containing 8.435 acres (367,442 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row. Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/08/08 EXHIBIT"A" DESCRIPTION OF A 12.164 —ACRE TRACT ONE (529,866 SQ. FT.) TRACT OF LAND SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY, TEXAS Being a 12.164 —acre (529,866— square foot) tract of land situated in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. Said 12.164 —acre tract being all of a called 12.167 —acre tract of land conveyed to Tommy J. Kimmey et ux, as recorded under Harris County Clerk's File No. 1-175389, Film Code No. 183 -27 -0287 of the, Official Public Records of Real Property, Harris County, Texas, Said 12.164 —acre tract being more particularly described by metes and bounds as follows: (Basis of bearings being the Texas State Plane Coordinate System, Central Zone -4203, NAD 83.) BEGINNING at a 5/8 —inch iron rod found for the southeast corner of a called 1.4515 —acre tract of land conveyed to David Kimmey by deed recorded under Harris County Clerk's File No. L872061, Film Code No. 129 -65 -1307 of the Official Public Records of Real Property Harris County, Texas, for the north corner of said called 12.167 —acre tract, for the west corner of a called 13.167 —acre tract of land, conveyed to David W. Kimmey, et ux, as recorded under Harris County Clerk's File No. L175385, Film Code No. 183 -27 -0251 of the Official Public Records of Real Property, Harris County, Texas, in a southeast line of a called 2.8157 —acre tract of land (also known as Pine Lake Lane), conveyed to Tommy J. Kimmey, as recorded under Harris County Clerk's File No. 1-875060, Film Code No. 129 -65 -1303 of the Official Public Records of Real Property, Harris County, Texas and for the north corner of said tract herein described; THENCE South 69' 06' 47" East, with the southwest line of said called 13.167 —acre tract, with the northeast line of said called 12.167 —acre tract and with the northeast line of said tract herein described, a distance of 539.64 feet to a 5/8 —inch iron rod with cap stamped (WEISSER ENG. HOUSTON, TX) set for the northeast corner of said tract herein described; THENCE South 12' 23' 50" East, with a west line of said coiled 13.167 —acre tract, with an east line of said called 12.167 —acre tract and with an east line of said tract herein described, a distance of 613.18 feet to a 5/8 —inch iron with cap stamped (WEISSER ENG. HOUSTON, TX) set in the north line of a called 14.6000 —acre tract of land conveyed to Diamond Shamrock Corporation by deed recorded under Harris County Clerk's File No. F028297, Film Code No. 157 -19 -1571 of the Official Public Records of Real Property Harris County, Texas, for the southwest corner of said called 13.167 —acre tract, for the southeast corner of said called 12.167 —acre tract and for the southeast corner of said tract herein described; THENCE South 77' 16' 39" West, with the north line of said called 14.6000 —acre tract, with a south line of said called 12.167 —acre tract and with a south line of said tract herein described, a distance of 582.63 feet to a 1/2 —inch iron rod found for the southeast comer of a called 9.405 —acre tract of land conveyed to DCP Sand Hills Pipeline, LLC by deed recorded under Harris County Clerk's File No. 20110360392 of the Official Public Records of Real Property Harris County, Texas, for a southwest corner of said called 12.164 —acre tract and for a southwest corner of said tract herein described; THENCE North 12' 40' 05" West, with the east line of said called 9.405 —acre tract, with a west line of said called 12.167 —acre tract and with a west line of said tract herein described, a distance of 314.27 feet to a 5/8 —inch iron rod with cap stamped (WEISSER ENG. HOUSTON, TX) set for a northeast corner of said called 9.405 —acre tract, for an interior comer of said called 12.167 —acre tract and for an interior comer of said tract herein described; THENCE South 75' 32' 35" West, with the north line of said called 9.405 —acre tract, with a south line of said called 12.167 —acre tract and with a south line of said tract herein described, a distance of 449.62 feet to a 5/8 —inch iron rod with cap stamped (WEISSER ENG. HOUSTON, TX) set in a southeast line of said called 2.8157 —acre tract , for the southwest corner of said called 12.167 —acre tract and for a southwest corner of said tract herein described; THENCE North 37' 40' 51" East, with a southeast line of said called 2.8157 —acre tract, with a northwest line of said called 12.167 —acre tract and with a northwest line of said tract herein described, a distance of 300.53 feet to a 5/8 —inch iron rod with cap stamped (WEISSER ENG. HOUSTON, TX) set for an angle point of said called 2.8157 —acre tract, for an angle point of said called 12.167 —acre tract and for an angle point of said tract herein described; THENCE North 39' 49' 21" East, with a southeast line of said called 2.8157 —acre tract, with a northwest line of said called 12.167 —acre tract and with a northwest line of said tract herein described, a distance of 258.34 feet to a 5/8 —inch iron rod with cap stamped (WEISSER ENG. HOUSTON, TX) set in an angle point of said called 2.8157 —acre tract, for an angle point of said called 12.167 —acre tract and for an angle point of said tract herein described; THENCE North 13' 26' 08" East, with an east line of said called 2.8157 —acre tract, with a west line of said called 12.167 —acre tract and with a west line of said tract herein described, a distance of 116.38 feet to a 5/8 —inch iron rod found for an angle point of said called 2.8157 —acre tract, for on angle point of said called 12.167 —acre tract and for an angle point of said tract herein described; THENCE North 18' 5Y 14" East, with a southeast line of said called 2.8157 —acre tract, with a northwest line of said called 12.167 —acre tract and with a northwest line of said tract herein described, a distance of 181.94 feet to a 5/8 —inch iron rod found for a southeast line of said called 2.8157 —acre tract, for an angle point of said called 12.167 —acre tract and for an angle point of said tract herein described; THENCE North 25' 24' 16" East, with a southeast line of said called 2.8157 —acre tract, with a northwest line of said called 12.167 —acre tract and with a northwest line of said tract herein described, a distance of 4.00 feet to the POINT OF BEGINNING and containing 12.164 acres (59,866 square feet) of land. Exhibit "A" DESCRIPTION OF A 13.154 -ACRE (572,987 SQ. FT.) TRACT OF LAND SITUATED IN THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY, TEXAS Being a 13.154 -acre (572,897square -foot) tract of land situated in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. Said 13.154 -acre tract being all of a called 13.167 -acre tract of land conveyed to David W. Kimmey, et ux by deed recorded under Harris County Clerk's File No. L175385, Film Code No. 183 -27 -0251 of the Official Public Records of Real Property, Harris County, Texas. Said 13.154 -acre tract being more particularly described by metes and bounds as follows: (Basis of bearings being show thereon are based on the Texas South Central Zone No. 4204 State Plane Surface Coordinates (NAD83) and may be brought to Grid by applying the following combined scale factor 0.999898694) BEGINNING at a 5/8 -inch iron rod found for the northeast corner of a called 2.8157 - acre tract of land conveyed to Tommy Kimmey by deed recorded under Harris County Clerk's File No. L872060, Film Code No. 129 -65 -1303 of the Official Public Records of Real Property Harris County, Texas, for the north corner of a called 12.167 -acre tract of land, conveyed to Tommy J. Kimmey et ux, as recorded under Harris County Clerk's File No. L175389, Film Code No. 183 -27 -0287 of the Official Public Records of Real Property, Harris County, Texas, for the west corner of said called 13.167 -acre tract, for the east corner of said a called 1.4515 -acre tract of land, conveyed to David W. Kimmey, as recorded under Harris County Clerk's File No. L872061, Film Code No. 129 -65 -1307 of the Official Public Records of Real Property, Harris County, Texas and for the east corner of said tract herein described; THENCE North 25° 24' 16" East, with a southeast line of said called 1.4515 -acre tract, with a northwest line of said called 13.167 -acre tract and with a northwest line of said tract herein described, a distance of 59.92 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for an angle point of said 1.4515 -acre tract, for an angle point of said 13.167 - acre tract and for an angle point of said tract herein described; THENCE North 23° 43' 52" East, with a southeast line of said called 1.4515 -acre tract, with a northwest line of said called 13.167 -acre tract and with a northwest line of said tract herein described, a distance of 212.86 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, Tx" set for an angle point of said 1.4515 -acre tract, for an angle point of said 13.167 -acre tract and for an angle point of said tract herein described; THENCE North 42° 15' 09" East, with a southeast line of said called 1.4515 -acre tract, with a northwest line of said called 13.167 -acre tract and with a northwest line of said tract herein described, a distance of 205.35 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, Tx" set for an angle point of said 1.4515 -acre tract, for an angle point of said 13.167 -acre tract and for an angle point of said tract herein described; Legal description of land: Exhibit n/4n TRACT ONE Being a 10.000 -acre (435,600 square foot) tract of land situated in the William Bloodgood Survey, A4, Harris County, Texas, and being out of the residue of a called 261.275 -acre tract of land conveyed to DGAJA, LTD., by deed recorded under Harris County Clerk's File No. R859902, Film Code No. 507 -79 -3670 of the Official Public Records of Real Property of Hams County, Texas. Said 10.000 -acre tract being more particularly described by metes and bounds as follows: bearings called in the following description are based on the Chevron Phillips Cedar Bayou Horizontal Control System COMMENCING at a 5/8 -inch iron rod found in the north right -of -way line of Wallisville Road (Variable Width Right -of- Way), for the southeast corner of a called 1.0716 -acre tract of land conveyed to Paul Lee Hinton, by deed recorded under Harris County Clerk's File No. L331460, Film Code No. 192 -26 -2110 of the Official Public Records of Real Property of Harris County, Texas and for a southwest corner a 149.829 -acre tract conveyed to Chevron Phillips Chemical Company LP by deed recorded under Harris County Clerk's File No. 20060258803, Film Code No. 035 -76 -1575 of the Official Public Records of Real Property of Harris County, Texas; THENCE South 89 deg. 06 min. 32 sec. East, with the north right -of -way line of said Wallisville Road and the south line of said 149.829 -acre tract, a distance of 1,514.49 feet to a point in the north right -of way line of said Wallisville Road and in the south line of said 149.829 -acre tract; THENCE North 00 deg. 37 min. 10 sec. East, over and across said 149.829 -acre tract, a distance of 1,101.07 feet to a point; THENCE East, over and across said 149.829 -acre tract, a distance of 264.23 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for the POINT OF BEGINNING and a southwest corner of the said tract herein described; THENCE North 03 deg. 21 min. 10 sec. East with an east line of said 149.829 -acre tract, with a west line of the residue of said 261.275 -acre tract and with a west line of said tract herein described, a distance of 564.70 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for the northwest corner of said tract herein described; THENCE South 86 deg. 38 min. 50 sec. East with a south line of said 149.829 -acre tract, with the north line of the residue of said 261.275 -acre tract and with the north line of said tract herein described, a distance of 660.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for the northeast corner of said tract herein described; THENCE South 03 deg. 21 min. 10 sec. West with the west line of said 149.829 -acre tract, with the east line of the residue of said 261.275 -acre tract and with the east line of said tract herein described, a distance of 691.75 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for the southeast corner of said tract herein described THENCE North 86 deg. 38 min. 50 sec. West with a north line of said 149.829 -acre tract, with a south line of the residue of said 261.271 -acre tract and with a south line of said tract herein described, a distance of 495.07 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for a southwest corner of said tract herein described; THENCE North 03 deg. 21 min. 10 sec. East with an east line of said 149.829 -acre tract, with a west line of the residue of said 261.271 -acre tract and with a west line of said tract herein described, a distance of 127.05 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for an interior corner of said tract herein described; THENCE North 86 deg. 38 min. 50 sec. West with a north line of said 149.829 -acre tract, with a south line of the residue of said 261.271 -acre tract and with a south line of said tract herein described, a distance of 164.93 feet to the POINT OF BEGINNING and containing 10.000 acres (435,600 square feet) of land. TRACT TWO Being a 13.392 -acre (583,342 square foot) tract of land situated in the G. Ellis Survey, A -21 and the William Bloodgood Survey, A4, Harris County, Texas, and being out of the residue of a called 261.275 -acre tract of land conveyed to DGAJA, LTD., by deed recorded under Harris County Clerk's File No. R859902, Film Code No. 507 -79 -3670 of the Official Public Records of Real Property of Harris County, Texas. Said 13.392 -acre tract being more particularly described by metes and bounds as follows: bearings called in the following description are based on the Chevron Phillips Cedar Bayou Horizontal Control System COMMENCING at a 5/8 -inch iron rod found in the north right -of -way line of Wallisville Road (Variable Width Right -of- Way), for the southeast corner of a called 1.0716 -acre tract of land conveyed to Paul Lee Hinton, by deed recorded under Hams County Clerk's File No. L331460, Film Code No. 192 -26 -2110 of the Official Public Records of Real Property of Hams County, Texas and for a southwest corner 149.829 -acre tract of land conveyed to Chevron Phillips Chemical Company LP by deed recorded under Hams County Clerk's File No. 20060258803, Film Code No. 035 -76 -1575 of the Official Public Records of Real Property of Harris County, Texas; THENCE North 00 deg. 10 min. 23 sec. East with the east line of said 1.0716 -acre tract, with the east line of a called 2.9284 - acre tract of land conveyed to Paul A. Hinton, by deed recorded under Hams County Clerk's File No. Y290961, Film Code No. 002 -15 -1785 of the Official Public Records of Real Property, Harris County, Texas and with a west line of the said 149.829 -acre tract, a distance of 1,019.26 feet to a point in the east line of said 2.9284 -acre tract for the southwest corner of Reserve `A' of Hunters Village, Block 4 as recorded under Film Code No. 428062 of the Map Records of Harris County, THENCE South 89 deg. 47 min. 22 sec. East with the south line of said Block 4 and with the north line of said 149.829 -acre tract, a distance of 310.00 feet to a point for a southeast corner of said Block 4 and an interior corner of said 149.829 -acre tract; THENCE North 00 deg. 10 min. 23 sec. East with the east line of said Block 4 and with a west line of said 149.829 -acre tract, a distance of 6.59 feet to a 5/8 -inch iron rod found for a southwest corner and POINT OF BEGINNING of said tract herein described; THENCE North 00 deg. 10 min. 23 sec. East with the east line of said Block 4, with a west line of the residue of said 261.275 - acre tract and the west line of said tract herein described, a distance of 110.61 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for the northwest corner of said tract herein described; THENCE North 54 deg. 37 min. 32 sec. East with a southeast line of said Block 4, with a northwest line of the residue of said 261.275 -acre tract and a northwest line of said tract herein described, a distance of 729.10 feet to a 5/8 -inch iron rod found for an angle point in said tract herein described; THENCE North 51 deg. 43 min. 14 sec. East with a southeast line of said Block 4, with a northwest line of the residue of said 261.275 -acre tract and with a northwest line of said tract herein described, at a distance of 501.26 feet pass a 5/8 -inch iron rod found for the northeast corner of Reserve `B' of said Block 4 and for a southwest comer of a 9.872 -acre tract of land conveyed to Chevron Phillips Chemical Company LP by deed recorded under Harris County Clerk's File No. 20060258803, Film Code No. 035 -76 -1575 of the Official Public Records of Real Property of Hams County, Texas and continuing for a total distance of 1,543.07 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for an angle point in the northwest line of the residue of said 261.275 -acre tract, for the east corner of said 9.872 -acre tract and for the southeast corner of a 9.3462 -acre tract conveyed to Sea Gull Petrochemical Corporation by deed recorded under Harris County Clerk's File No. M487763, Film Code No. 167 -72 -0809 of the Official Public Records of Real Property of Harris County, Texas THENCE North 51 deg. 17 min. 53 sec. East with a northwest line of the residue of said 261.275 -acre tract, with a southeast line of said 9.872 -acre tract and with a northwest line of said tract herein described, a distance of 694.17 feet to a 5,8-inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for a northeast corner of said tract herein described; THENCE South 32 deg. 24 min. 07 sec. East with a northeast line of the residue of said 261.275 -acre tract, with the centerline of Cedar Bayou and with a northeast line of said tract herein described, a distance of 30.18 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for an interior corner of said tract herein described; THENCE North 73 deg. 54 min. 25 sec. East with a northwest line of the residue of said 261.275 -acre tract, with the centerline of said Cedar Bayou and with a southeast line of said tract herein described, a distance of 108.96 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for the east corner of said tract herein described; THENCE South 71 deg. 17 min. 13 sec. West with a southeast line of the residue of said 261.275 -acre tract, with a northwest line of said 149.829 -acre tract and with a southeast line of said tract herein described, a distance of 107.64 feet to a 5/8-inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set for an angle point; THENCE South 51 deg. 43 min. 14 sec. West with a southeast line of the residue of said 261.275 -acre tract, with a northwest line of said 149.829 -acre tract and with a southeast line of said tract herein described, a distance of 141.48 feet to a 3118 -inch iron rod found for an interior corner of said tract herein described; THENCE South 68 deg. 51 min. 04 sec. East with a northeast line of the residue of said 261.275 -acre tract, with a southwest line of said 149.829 -acre tract and with a northeast line of said tract herein described, a distance of 580.31 feet to a 3/8 -inch iron rod found for a northeast corner of said tract herein described; THENCE South 52 deg. 00 min. 25 sec. West with a southeast line of the residue of said 261.275 -acre tract, with a northwest line of said 149.829 -acre tract and with a southeast line of said tract herein described, a distance of 730.63 feet to a 3118 -inch iron rod found for a southeast corner of said tract herein described; THENCE North 68 deg. 51 min. 04 sec. West with a southwest line of the residue of said 261.275 -acre tract, with a northeast line of said 149.829 -acre tract and with the southwest line of said tract herein described, a distance of 506.38 feet to a 1/2-inch iron rod found for an interior corner of said tract herein described; THENCE South 51 deg. 43 min. 14 sec. West with a southeast line of the residue of said 261.275 -acre tract, with a northwest line of said 149.829 -acre tract and with a southeast line of said tract herein described, a distance of 1,401.37 feet to a 5/8 -inch iron rod found for an angle point; THENCE South 54 deg. 37 min. 32 sec. West with a southeast line of residue of said 261.271 -acre tract, with a northwest line of said 149.829 -acre tract and with a southeast line of said tract herein described, a distance of 795.69 feet to the POINT OF BEGINNING and containing 13.392 acres (583,342 square feet) of land. Exhibit "A" DESCRIPTION OF A 40.481 -ACRE (1,763,331 SQ. FT.) TRACT OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, A -21, HARRIS COUNTY, TEXAS Being a 40.481 -acre (1,763,331 square foot) tract of land situated in the George Ellis Survey, A -21, Harris County, Texas. Said 40.481 -acre tract being all of a called 40.14 -acre tract of land conveyed to Baytown Christian Academy, Inc., by deed recorded under Harris County Clerk's File No. 20070261884, Film Code No. 043 -51 -1491 of the Official Public Records of Real Property, Harris County, Texas and being more particularly described by metes and bounds as follows with the basis of bearings being the Texas State Plane Coordinate System, South Central Zone No. 4204 (NAD83) (2011 Adj.), all coordinates shown are grid coordinates and may be brought to surface by multiplying by the reciprocal of the combined scale factor of 1.000099010, all distances are surface: BEGINNING (N= 13,869,936.43, E= 3,250,397.63) at a 5/8 -inch iron rod found in the south right -of -way line of Wallisville Road (60 -Foot Wide) for the northeast corner of a called 81.859 -acre tract of land, being the west 1/2 of Lot 9 of the Subdivision of The George Ellis Survey, A -21, by deed recorded in Volume 72, Page 459 of the Deed records of Harris County, Texas and conveyed to South Houston Realty Company, by deed recorded under Harris County Clerk's File No. Z053768, Film Code No. 017 -13 -2743 of the Official Public Records of Real Property, Harris County, Texas, for the northwest corner of said 40.14 -acre tract and for the northwest corner of said tract herein described; THENCE North 78 deg. 06 min. 55 sec. East, with the south right -of -way line of said Wallisville Road, with the north line of said 40.14 -acre tract and with the north line of said tract herein described, a distance of 662.66 feet to a 1/2 -inch iron pipe found for the northwest corner of a called 40.09 -acre tract of land conveyed to R. D. Bumside,11I, by deed recorded under Harris County Clerk's File No. T116681, Film Code No. 519 -56 -2209 of the Official Public Records of Real Property, Harris County, Texas, for the northwest corner of Harvest Meadows Baytown Subdivision, by deed recorded under Film Code No. 582110 of the Map Records of Harris County, Texas and for the northeast corner of said tract herein described; THENCE South 12 deg. 37 min. 10 sec. East, with a west line of said 40.09 -acre tract, with a west line of said Harvest Meadows Baytown Subdivision, with an east line of said 40.14 - acre tract and with an east line of said tract herein described, a distance of 2,579.26 feet to a 5/8- inch iron rod with cap stamped "WEISSER FNG HOUSTON, TX" set for an angle point of said tract herein described; THENCE North 590 31' 15" East, with a southeast line of said called 1.4515 -acre tract, with a northwest line of said called 13.167 -acre tract and with a northwest line of said tract herein described, a distance of 69.02 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for an angle point of said 1.4515 -acre tract, for an angle point of said 13.167 - acre tract and for an angle point of said tract herein described; THENCE North 320 40' 11" East, with a southeast line of said called 1.4515 -acre tract, with a northwest line of said called 13.167 -acre tract and with a northwest line of said tract herein described, a distance of 105.53 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for an angle point of said 1.4515 -acre tract, for an angle point of said 13.167 -acre tract and for an angle point of said tract herein described; THENCE North 66° 44' 42" East, with a southeast line of said called 1.4515 -acre tract, with a northwest line of said called 13.167 -acre tract and with a northwest line of said tract herein described, a distance of 88.67 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for an angle point of a called 5.00 -acre tract of land conveyed to Chevron Phillips Chemical Company as recorded under Harris County Clerk's File No. X290799, Film Code No. 500 -12 -0918 of the Official Public Records of Real Property Harris County, Texas for northeast corner of said 1.4515 -acre tract, for an angle point of said 13.167 -acre tract and for an angle point of said tract herein described; THENCE South 83° 25' 56" East, with a south line of said called 5.00 -acre tract, with a north line of said called 13.167 -acre tract and with a north line of said tract herein described, a distance of 103.92 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for an angle point of said called 5.00 -acre tract, for an angle point of said 13.167 -acre tract and for an angle point of said tract herein described; THENCE South 59° 59' 34" East, with a southwest line of said called 5.00 -acre tract, with a northeast line of said called 13.167 -acre tract and with a northeast line of said tract herein described, a distance of 104.59 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for an angle point of said called 5.00 -acre tract, for an angle point of said 13.167 -acre tract and for an angle point of said tract herein described; THENCE South 50° 11' 49" East, with a southwest line of said called 5.00 -acre tract, with a northeast line of said called 13.167 -acre tract and with a northeast line of said tract herein described, a distance of 31.67 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for the northwest corner of a called 13.167 -acre tract of land conveyed to Chevron Chemical Company as recorded under Harris County Clerk's File No. S988534, Film Code No. 518 -25 -3840 of the Official Public Records of Real Property of Harris County, Texas, for a northeast corner of said 13.167 -acre tract and for a northeast corner of said tract herein described; THENCE South 120 18' 45" East, with a west line of said called 13.167 -acre Chevron Chemical Company tract, with an east line of said called 13.167 -acre David W. Kimmey et ux tract and with an east line of said tract herein described, a distance of 1229.04 feet to a 5/8 -inch iron rod found in the north line of a called 14.600 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under Harris County Clerk's File No. F028297, Film Code No. 157 -19 -1571 of the Official Public Records of Real Property Harris County, Texas, for a southeast corner of said called 13.167 -acre tract, for the southwest corner of said 13.167 -acre David W. Kimmey et ux tract and for the southeast corner of said tract herein described; THENCE South 77° 16' 39" West, with a north line of said called 14.600 -acre tract, with an southeast line of said called 13.167 -acre David W. Kimmey et ux tract and with a south line of said tract herein described, a distance of 299.11 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" found in the northline of said called 14.600 -acre tract, for the southwest corner of said 13.167 -acre David W. Kimmey et ux tract and for the southwest corner of said tract herein described; THENCE North 12° 23' 50" West, with an east line of said called 12.167 -acre tract, with a west line of said called 13.167 -acre tract and with a west line of said tract herein described, a distance of 613.18 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set for an angle point in said called 12.167 -acre tract, for an angle point in said called 13.167 -acre tract and for an angle point in said tract herein described; THENCE North 69° 06' 47" West, with a northeast line of said called 12.167 -acre tract, with a southwest line of said called 13.167 -acre tract and with a southwest line of said tract herein described, a distance of 539.64 feet to the POINT OF BEGINNING and containing 13.154 acres (572,987 square feet) of land. WEISSER ENGINEERING COMPANY 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM1032 (1442 -082) Date: 08/08/12 THENCE South 12 deg. 07 min. 03 sec. East, with a west line of said 40.09 -acre tract, with the west line of a called 0.88 -acre tract conveyed to San Jacinto River Authority, by deed recorded under Harris County Clerk's File No. C330068 of the Official Public Records of Real Property, Harris County, Texas, with an east line of said 40.14 -acre tract and with an east line of said tract herein described, a distance of 48.83 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG HOUSTON, TX" set in the northwest line of a called 69.952 -acre tract of land conveyed to I.H. Ten -70, Ltd., by deed recorded under Harris County Clerk's File No. K165236, Film Code No. 023 -76 -0632 of the Official Public Records of Real Property, Harris County, Texas, for the southeast corner of said tract herein described; THENCE South 77 deg. 51 min. 56 sec. West, with the north line of said 69.952 -acre tract, with the north line of a called 116.00 -acre tract of land conveyed to I.H.Ten -116, Ltd., by deed recorded under Harris County Clerk's File No. K165239, Film Code No. 023 -76 -0649 of the Official Public Records of Real Property, Harris County, Texas, with the south line of said 40.14 -acre tract and with the south line of said tract herein described, a distance of 678.16 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG I IUSTON, TX" set for the southeast corner of said 81.589 -acre tract and for the southwest corner of said tract herein described; THENCE North 12 deg. 16 min. 19 sec. West, with the east line of said 81.589 -acre tract, with the west line of said 40.14 -acre tract and with the west line of said tract herein described, a distance of 2,630.90 feet to the POINT OF BEGINNING and containing 40.481 acres (1.763,331 square feet) of land. This description is accompanied by a plat of even survey date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 •""••• E TBPLS Reg. No. 100518 -00 �•"`•~�•' TBPE Reg. No. F -68 ' .•...►TER P••SA Job No.: CM 1072 (1442 -122) ......••'••••• 0 Date: 12 /18/2015 20 ••S U R�� EXHIBIT A Being a 36.266 -acre (1,579,749 square foot) tract of land situated in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. Said 36.266 -acre tract being that certain called 39.57 -acre tract conveyed to West Chambers County Development Corporation as all of described in deed to Speer Properties, Inc. as recorded under Hams County Clerk's File No. 5492055, Film Code No. 513 -41 -2803 of the Official Public Records of Real Property, Harris County. Said 36.266 -acre tract being more particularly described by metes and bounds as follows: (With all bearings shown hereon referenced to the Texas State Plane Coordinate System, South Central, Zone 4204, NAD 83. Coordinates shown hereon are in surface and may be brought to the grid by applying the combined scale factor of 0.999902) COIVIlVIENCING (X= 3,264,066.32; Y= 13,870,342.77) at a TxDot concrete monument found on the north right -of -way line of Interstate Highway No. 10 (400 feet wide) and the southeast right -of -way line of the Southern Pacific Transportation Company Railroad right -of -way line (100 feet wide) and for the southwest corner of that certain called 16.059 -acre tract of land conveyed to Chevron Phillips Chemical Company, LP formerly Gulf Oil Corporation by deed recorded under Harris County Clerk's File No. B614934 of the Harris County Deed Records; THENCE North 24 054'23" East with the southeast right -of -way line of said Southern Pacific Railroad and with the northwest line of said 16.059 -acre tract, a distance of 423.75 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set at the northwest corner of said 16.059 -acre tract and for the southwest corner and the POINT OF BEGINNING (X= 3,264,244.78 ; Y= 13,870,727.11) of said tract herein described; THENCE North 24 °54'23" East continuing with the southeast right -of -way line of said Southern Pacific Railroad, with the northwest line of said 39.57 -acre tract and with the northwest line of said tract herein described, a distance of 1929.36 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set on a southerly high bank of the original alignment of Cedar Bayou; for a northwest corner of the tract herein described; THENCE following the original alignment of said Cedar Bayou as follows (as called in original deed): South 62 °44'47" East, a distance of 145.70 feet for angle point; South 72 °48'47" East, a distance of 152.60 feet for angle point; South 60 020'47" East, a distance of 141.20 feet for angle point; South 56 °48'47" East, a distance of 244.90 feet for angle point; South 89 °41'47" East, a distance of 247.40 feet for angle point; South 82 °01'47" East, a distance of 84.40 feet for angle point; South 13 °10'47" East, a distance of 120.87 feet for angle point; South 1311 V47" East, a distance of 412.23 feet for angle point; North 82 °53'47" West, a distance of 174.80 feet for angle point; North 81'46'47" West, a distance of 142.20 feet for angle point; South 80 °06'13" West, a distance of 91.50 feet for angle point; North 78 °53'47" West, a distance of 257.00 feet for angle point; South 03 °53'13" West, a distance of 246.30 feet for angle point; South 35 °41'47" East, a distance of 199.20 feet for angle point; South 29 °59'47" East, a distance of 298.13 feet to a point for the southeast comer of said tract herein described and to a point at waters edge on the right bank of Cedar Bayou (as called for in 39.57 -acre deed); THENCE South 77 °55'58" West with the south line of said tract herein described, at a distance of 282.01 feet passing a 5/8 -inch iron rod with cap stamped "WEISSER ENG. HOUSTON, TX" set at the northeast comer of said 16.059 -acre tract and continuing with the north line of said 16.059 -acre tract and with the south line of the tract herein described, a total distance of 1493.20 feet to the POINT OF BEGINNING and containing 36.266 acres (1,579,749 square feet) of land.