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Ordinance No. 9,055A-, 11 20001214 -3 ORDINANCE NO. 9055 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH KOPPEL STEEL CORPORATION; 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 Koppel Steel Corporation. A copy of said Agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 14"' day of.December, 2000. ATTEST: X GA41f W., 1VIITH, City Clerk APPROVED AS TO FORM: etdNACIO RAMI , SR., City Attorney c:klb258\ Council \Ordinances \Koppel Steel IDA.Ord PETE C. ALFARO, Nfayor INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE I INDUSTRIAL DISTRICT AGREEMENT BETWEEN KOPPEL STEEL CORPORATION AND CITY OF BAYTOWN, TEXAS This Agreement is made and entered into between the CITY OF BAYTOWN, Texas, a municipal corporation in Hams and Chambers Counties, Texas, hereinafter also referred to as "Baytown" or "City," and KOPPEL STEEL CORPORATION, a Pennsylvania corporation, hereinafter referred to as "Company." WITNESSETH: WHEREAS, Baytown has a history of cooperating with industries located within and near its city limits; and WHEREAS, the City Council of the City of Baytown is of the considered opinion that such cooperation results in economic growth and stability for Baytown and its adjacent areas; and WHEREAS, the Texas Legislature in 1963 adopted the "Municipal Annexation Act," Article 970a, Revised Civil Statutes of Texas, (now TEX. LOC. GOV'T CODE ANN. § 42.044) which provides for the creation of Industrial Districts within the extraterritorial jurisdiction of cities; and WHEREAS, pursuant to such Municipal Annexation Act and in the interest of further cooperation with industry and the economic enhancement of Baytown, the City of Baytown enacted Ordinance No. 899, dated the 26`h day of October, 1967, designating a part of its extraterritorial Jurisdiction as an Industrial District known as Baytown Industrial District No. 3; and WHEREAS, the City Council desires that all of Koppel Steel Corporation's Baytown Plant and facilities as described in Appendix A, be included in the Baytown Industrial District No. 3; and further desires to enter into this contractual agreement with Koppel Steel Corporation, for this purpose; and WHEREAS, Koppel Steel Corporation's Baytown Plant includes both real and personal property within the corporate limits or extraterritorial jurisdiction of the City used in its tubular goods, manufacturing, research, processing and shipping facilities, and includes any office facilities used in direct support of these operations and either situated contiguous thereto or separated by public roads; NOW THEREFORE, In consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between the Company and the City of Baytown as follows: ® INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE 2 1. The findings contained in the preamble hereof are declared to be true and correct and are hereby adopted. 2. The City of Baytown hereby agrees that all of the land and improvements thereon owned, used, occupied, leased, rented or possessed by the Company within the area designated as Baytown Industrial District No. 3 by Ordinance No. 899 and amendments thereto shall continue its extraterritorial status as an Industrial District and shall not be annexed by the City of Baytown nor shall the City attempt to annex, or in any way cause or permit to be annexed any of such property during the term of this Agreement, except for such parts of Company's property as may be necessary to annex in order to annex property owned by third parties within the Industrial District that the City may decide to annex. The City further agrees, promises and guarantees that during the term of this Agreement the City of Baytown shall not apply or purport to apply any ordinance, rule or regulation to either the Industrial District area described in Appendix A or certain portions of Koppel Steel Corporation's Baytown Plant and facilities which have been annexed by the City of Baytown, which areas, both annexed and otherwise, are jointly described in the map attached as Appendix B, except as relating to noise, vibration, drainage or flood control, and pollution performance standards as hereinafter provided. Specifically, but without limitation, the City agrees, promises and guarantees that it will not extend to the property described by Appendix A any ordinance, rule or regulation (a) governing plats and the subdivision of land; (b) prescribing any zoning, building, electrical, plumbing or inspection code or codes; and (c) attempting to exercise in any manner whatsoever control over the conduct of the Company's business thereof. The Company shall not be. required to obtain building permits for construction of structures, other than those structures that enclose a space used for sheltering any Group A, B, E, F, I, M, R, and S occupancies, as defined in the Southern Standard Building Code and that are located on the annexed property within the area described by Appendix B, but the Company does agree that any structure built within the area described by Appendix A shall be built in accordance with the latest edition of the Southern Standard Building Code. The City further agrees that during the term of this Agreement it will not levy or purport to levy ad valorem taxes against any real or personal property owned, used, occupied, leased, rented, or possessed by the Company within the Industrial District. 3. It is further agreed that during the term of this Agreement the City of Baytown shall not be required to furnish municipal services to the Company's Baytown Plant, which are located within the Industrial District or the annexed areas noted in Appendix B, ordinarily and customarily supplied by the City to property owners within its boundaries, except as provided by mutual agreement. Specifically, but without limitation, it is agreed that the City of Baytown 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. 4. The Company and the City of Baytown recognize that in the past the Company has paid to ® the City a share of the needed revenue for operating the City and providing services for its residents. It is further recognized that during the next succeeding seven years the City of Baytown will experience population growth as a result of industrial expansion which will necessitate increased revenue to provide expanded services and facilities. In view of this increased need for revenue, INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE beginning in 2000, the Company agrees to pay the City of Baytown an Industrial District payment on or before December 31 st of each year during the term of this Agreement, such payment to be calculated on the basis of the below stated formula: A. In applying the below stated formula, the following definitions shall apply; (1) Full Value Payment: The fair market value as determined by the City, of all of the Company's Baytown Plant within the corporate limits or extraterritorial jurisdiction of the City, multiplied by the property tax rate per $100.00 of assessed valuation adopted by the City Council for the City of Baytown for financing the fiscal year in which such December due date falls, and multiplied by the applicable industrial payment rate as detailed below. M1VALUATION 'PAYMENT SRATE ti 2000 .45 2001 .48 2002 .50 2003 .50 2004 .50 2005 .50 2006 .50 (2) Tax Payment: The amount paid by the Company to the City of Baytown as ad valorem taxes on that portion of the Company's Baytown Plant within the City limits. The tax payment shall be based on the value determined by the Harris County Appraisal District or such other appraisal district as may succeed the Hams County Appraisal District in assessing property for the City. (3) Industrial District Payment: Amount paid by the Company in lieu of taxes pursuant to this Agreement, which amount shall not include the tax payment paid by the Company. B. The Company's Industrial District Payment shall be calculated each year in the following manner using the above definitions: Full Value Payment - Tax Payment Industrial District Payment INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE 4 C. The appraised value for tax purposes of the annexed portion of land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said District is not required to appraise the land, improvements, and tangible personal property in then unannexed area for the purpose of computing the Industrial payments, hereunder. Therefore, the parties agree that to determine the fair market value of all of the Company's Baytown Plant in accordance with the market value computation contemplated in the Texas Property Tax Code for the purpose of calculating the Industrial District payment in the manner described above, the City may choose to use an appraisal of the Harris County Appraisal District, or an appraisal conducted by the City of Baytown, and/or an independent appraiser of the City's selection, and at the City's expense. This value shall be used in determining the full value payment described above. 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. D. It is agreed by the parties that the City has the power to and shall create an Industrial District Review Board which shall carry out the duties designated to it in this Agreement. E. If any disagreement arises between the Company and Harris County Appraisal District that results in a delay in the determination of Company's fair market value, the Company shall pay to the City of Baytown 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 fair market value of the Company. Adjustments to this amount shall be made within thirty (30) days of the resolution of the disagreement. 5. Furthermore, the City hereby agrees that for all new construction of the Company, which is located within Industrial District No. 3 with value greater than $20 million, the industrial district payment shall be calculated, subject to the limitations provided herein, as the fair market value, as determined by the City of each new construction project multiplied by the property tax rate per $100.00 of assessed valuation adopted by the City Council of the City of Baytown for financing the fiscal year in which such December due date falls, and multiplied by the applicable new construction industrial district payment rate as detailed below. Such computation shall yield a product which, for purposes of this agreement, shall be referred to as the "new construction industrial district payment." ® INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE YEAR'OF,xVALTJATION OF, NEW CONSTRUCTION NEW QUALIFYING INDUSTRIAL DISTRICT:; CONSTRUCTION PAYMENT RATE 1 0% 2 0% 3 20% 4 30% 5 40% 6 and 7 50% Such new construction industrial district payment rate shall apply only to qualified, new construction and then only to the extent that the value of the Company's Baytown Plant located in Industrial District No. 3, exclusive of such qualified, new construction, equals or exceeds the market value of the Company's entire facility as of January 1 of the year immediately preceding the year in which this Agreement becomes effective. If, however, in any year the market value of the Company's property is less than such amount, then value of the new construction shall be added to .the market value, and if such sum equals or exceeds the market value of the Company's entire facility as of January 1 of the year immediately preceding the year in which this Agreement becomes effective, the value in excess of such amount shall be a factor in computing the new construction industrial district payment. This new construction industrial district payment shall first become effective as of January 1, immediately following the date of the start of construction if such construction qualifies as "new construction," as hereinafter defined, upon the earlier of the final completion of the new construction or the expiration of two years from the date of the notice of the start of construction. The City may allow, in its sole discretion, an extension of time to the Company in the event of unavoidable circumstances or a force majeure that causes a delay to the Company in completing construction, but nothing contained herein shall obligate the City to grant such an extension. For purposes of determining whether new construction is qualified for the new construction industrial district payment calculation, the City shall verify that the fair market value of the new construction after the expiration of two (2) years from the effective date of the new construction industrial district payment computation, equals or exceeds $20 million dollars. Thus, if after the two year period, the fair market value of the new construction is less than $20 million, the difference between the amount that would have been paid pursuant to the industrial district payment calculation and the amount actually paid pursuant to the new construction industrial district payment shall be recaptured by the City and shall be paid within sixty (60) days after written notice of the non - qualification of the new construction for the new construction industrial district payment computation by the City or its designee to the Company. In no case, shall the period to which the new construction industrial district computation applies, inclusive of construction and completion, extend beyond the term of this agreement. ® INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE The term "new construction" as used in this paragraph shall mean permanent buildings and structures, fixed machinery, fixed equipment and process units, site improvements and that office space and related fixed improvements necessary to the operation and administration of the Company, all of which commence subsequent to the effective date of this Agreement and whose value will exceed $20 million. "New construction" shall not include land, inventories, supplies, tools, furnishings and other forms of movable personal property, vehicles, vessels, aircraft, housing, hotel accommodations, deferred maintenance investments, property to be rented or leased, any improvements, including, but not limited to, those which produce, store, or distribute natural gas, fluids, or gases which are not integral to the operation of the facility, property that has an expected useful life of less than fifteen (15) years, or any property owned or used by the State of Texas or its political subdivisions or any organization owned, operated or directed by a political subdivision of the State of Texas. Throughout the term of this Agreement, all new construction shall be valued separately and included in the aforementioned industrial district payment only to the extent that the value of the new construction is not subject to the new construction industrial payment district computation. In the event that the Company allows all or any part of its new construction industrial district payment to become delinquent, this portion of the Agreement, dealing specifically with new construction, shall be null and void; and all payments previously reduced by virtue of this section (i.e., the difference between the industrial district payment and the new construction industrial district payment) shall be recaptured and paid within sixty (60) days of the delinquency date. The Owner shall send written notice to the City of the date of the start of construction on or before thirty (30) days after project approval by the Company; provided, that if any project approval by the Company occurred prior to the effective date of this agreement in the year in which this contract is executed, such notice shall be due on or before thirty days (30) after the execution of this agreement. Such notice shall include a description of the project along with a verified statement of an officer of the Company, who has the authority to bind the Company, that the project qualifies as new construction as defined herein and should be subject to the new construction industrial district payment. The Company agrees that the failure to provide the City with this notice prior to the start of construction shall constitute a waiver of any right or privilege to calculate the amount due to the City based on the new construction industrial district payment rate and that such new construction shall be factored into the full industrial district payment as described in section 4 of this Agreement. 6. Determination of City and Industrial District fair market values, in the above stated manner, shall be made by the City of Baytown and approved by the Industrial District Review Board. Such final fair market value as approved by the Industrial District Review Board shall be final and binding unless either party within thirty (30) days after receipt of the Board's determination petitions for a Declaratory Judgment to the Civil District Court of Harris County, Texas, as provided for by Section 7 hereof. INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE 7 In determining the fair market value of property and improvements as used herein, the Industrial District Review Board shall base its determination on the fair market value as defined in article 4(c) herein, giving due consideration to comparable present day facilities considering and giving effect to sound engineering valuation practices relative to service life, life expectancy, process and functional obsolescence. 7. 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 in which the Plaintiff must establish by a preponderance of the evidence the correct interpretation of valuation. Pending final determination of said controversy, the Company shall pay to the City of Baytown 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 Company to the City. The Company agrees to tender the 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. 8. All payments to the City of Baytown provided herein shall be made to the City at the City Hall in Baytown, Texas. If any payment is not made on or before the due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes; provided, however, that this sentence shall not apply to any payment which may be found to have been deficient as the result of proceedings provided for in Section 5 hereof. The City shall have a lien upon the Company's property upon any delinquency in Industrial District payment. 9. If any other municipality attempts to annex any land or property owned, used, occupied, leased, rented or possessed by the Company within the area designated as Baytown Industrial District No. 3 or if the creation of any new municipality should be attempted so as to include within its limits such land or property, the City of Baytown shall, with the cooperation of the Company, seek injunctive relief against any such annexation or incorporation, and shall take such other legal steps as may be necessary or advisable under the circumstances. The cost of such legal steps, including attorneys' fees (other than the City Attorney) retained by mutual agreement of the parties, shall be paid by the Company. Should the City refuse or fail to comply with its obligations under this paragraph, the Company shall have the right to seek such legal or equitable relief as it deems necessary or advisable in its own name or in the name of the City and, if necessary, the Company may join the City as a party to such legal action. If the City and the Company are unsuccessful in preventing any such attempted annexation or incorporation, the Company shall have the right to terminate this Agreement as to any property so annexed or incorporated retroactive to the effective date of such annexation or incorporation, or the Company may continue this Agreement in full force and; effect; provided, however, that the Company's right to terminate this Agreement must be exercised within thirty (30) days after Judgment upholding such annexation or incorporation becomes final beyond further appeal. If any INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE 8 payment is made by the Company to the City of Baytown after the effective date of such annexation or incorporation and if the Company elects to terminate this Agreement as above provided, then as to such property so annexed or incorporated such payment shall be refunded by the City to the Company. 10. The City of Baytown and the Company 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 Baytown Industrial District No. 3, and that development within the District may have an impact on the drainage of surrounding areas. To this end, the Company 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 Company's Baytown Plant shall also be applicable to the plant within the Industrial District. The Company further agrees to abide by the rules and regulations and the permits issued to it by the Environmental Protection Agency, the Texas Natural Resource Conservation Commission, and any other governmental agency having legal authority in these matters. In this connection, it is recognized between the parties that these agencies are charged with the responsibility for enforcing air and water quality standards, and it is agreed that so long as the Environmental Protection Agency, the Texas Natural Resource Conservation Commission, the Texas Air Control Board, and other related agencies are charged with such responsibility, nothing contained herein shall be construed to impose upon the City of Baytown any responsibility, authority or right, by termination of this Agreement or otherwise to enforce any standards relative to air and water quality as are established by law, rule, regulation or permit. It is also agreed that no violation of any standards or criteria adopted by the City shall be a reason for termination of this Agreement. 11, This Agreement shall be for a term of seven (7) years from the date this instrument is executed and for such additional period or periods of time as provided by the Texas Municipal Annexation Act and mutually agreed upon the parties hereto. 12. The benefits accruing to the Company under this Agreement shall also extend to the Company's "affiliates" and to any properties owned or acquired by said affiliates within the area encompassed by Industrial District No. 3, and where reference is made herein to land, property and improvements owned by the Company, that shall also include land, property and improvements owned by its affiliates. The "affiliates" as used herein shall mean all companies with respect to which the Company directly or indirectly through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty (50 %) percent or more of the stock having the right to vote for the election of directors. 13. It is agreed by the parties to this Agreement that only full, complete and faithful performance ® of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, the Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE 9 performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by the Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. However, nothing contained herein shall be construed to give the City any right to terminate this Agreement on the basis of the Company's violation of any standard or criteria relative to air emissions, water effluents, noise, vibration, or toxic levels, or drainage and flood control established by any law, ordinance, rule, regulation or permit. 14. In the event the terms and conditions of this Contract are rendered ineffective or their effect changed by the Constitution, any Legislative changes, or any interpretation of the Texas Property Tax Code by the State Tax Assessment Board, both parties mutually agree that said Contract shall be renegotiated to accomplish the intent of this Agreement. 15. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Company and the City only. 16. 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. 17. The Company shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the City. 18. 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. 19. 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. 20. 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. .7 • INDUSTRIAL DISTRICT AGREEMENT KOPPEL STEEL CORPORATION PAGE 10 I4 EXECUTED IN DUPLICATE ORIGINALS this tOe day of , 2000. A EST• S CRETARY AT T: G2jkY V-, H, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, . City Attorney c:\MyDocuments% Contract \D)A\KoppelStee]Renew2000.doc KOPPEL STEEL CORPORATION By / A Printed N e Title CITY OF BAYTOWN PETE C. ALFAR ayor E; KOPPEL STEEL CORPORATION PROPERTY WITHIN INDUSTRIAL DISTRICT NO. 3, BEING: TRACT 1: A 40.0000 acre tract of land situated in the Join Steele fur vey, Abstract No. 277, Chambers County, :'eza s, and bei na out of and a part of a 357.611 acre tract of land called Tract No. One in a need from 'Theo Milburn, et a1 to IInIted States Fteel Corporation dated March 2, 1967, recorded in Volume 2123 at Paoe 205 of the Deed Records of Chambers County, '*eras. Said 40.nnO0 acre tract of land is more particularly described by metes and bounds as follows, to -wit: Ilk rr:IN YrI *'G at a_ 1/2' Pe -bar set for the Northwest corner of thi a tract of land in the F,outh and rast line of the Continental nil Co. In foot ri aht -of -way an!1 from this point the Southeast corner of sai-1 ?57.611 acre tract of land bears South F Q ' 46' 30" Test 5453.07 feet end concrete control monunent No. 2300 -7 hears Fouth 59' 77' 44' Last 4619.34 feet &M this PTGIt'NITTr corner has a Rate Plane Coordinate Value of Y - 7()7,09 3.55 aryl X - 3, 201,OQP.20 ,rKr.Nrr. Taat wi th the North line of thi s tract and the South line of said 10 foot right -of -way a distance of 1456'.44 feet to a 1/2" Pe -bar set for the northeast canner of this tract of land Twr,,cr South with the Taat line of this tract of lane a distance of 1 100 .00 feet to a 1/2" Pe -bar set for the Foutheast corner of this tract of Ianei THTNr -r West with the South line of this tract a distance c 1272.47 feet to a 1/2" Pe -hnr set for a corner of thin tract of lanfl, T-rWicr South 4C' 58' 03" West with the scurhrnrt l ine of this tract at 269.81 feet set a 1!2' Pe-bar in line for a corner of said 10 foot right -of -way, in all a total distance of 461.23 feet to an iron pipe set for the South corner of thi s tract of land on the hank of C*dar Payou " r,r:F with the South or southwest line of thi s tract and the meanders of radar Bayou the followi na courses aryl distnnces: North 5A' On' we ft 91.70 feet: North/ 7G' n0' Wetat 252.77 feet to an iron pipe Fet for the Southwest or weft crrrn-r of this tract of lance, T}"FrT North 45' SR' 03" East with the Northwest or ►*at line of this tract of land a distance of 652.47 feet to a 1/2' Pe -bar art for a corner of this tract of land in the Tast line of said 10 foot rioht- of _ey: TITD,Cr North with the West line of this tract and thr• Fast line of said 10 foot riaht-of-wav a distance t'( PF0.5° feet to the PLACr Or rFGI "N"7Nf. containina within said boundaries 40.0000 acres of land. NOT F: ALI. PFAPINGS APr LAwPrpr GPIs PrAPIPOC z Ate,^ ALI. CooPrR.,A -rF PTFF.P To FrATF PLAvr (1N9 r1INA7r F`.'F-7r". SOIr.,H CTNTPAL ZnNr, AS PvF]Nrr` rY APTI( -Lr s3npA or TKr PrVIFrr C11111- 57AT"VTS OF THEr OF TT7rAF. °F?ATF HI ®I M A n El -.�: :-- O T -?CAS 'r Y a D KNOW ALL MEN BY T HESS PRESENTS: —HA r iNAF�RI�:,� a :zv �' AV :GAT JON CG1ftA.NY, an Alabama corporation calied Gra:,tor, f:.r anc r, cons deratio r..` the cayrnent of the sure of One ;u ,c-zd Twelve i -ousar,c ve ru-drec Dcllars (8i 12,60G_0G) and for other rood a-6. \ia.`,:abls conside:a..`cns, the . "ace :Ot and silfl-iciency of w„ic;`i are hereby aci: ow;edged by Gna..tor, by these p: asen`s does heraby grant, bargain, sell and cznvey Unto NS GROUP, :� ::.., a Kc'tz;-c'<y como2tior,, n-erei,cTer called the Grar .a'ae, ti,e 'o :c :ping described ::':a:,d s:t::a.E ii-i Cnarrbe,s Co;i,,ty, Texas, more particularly 'esc':ter• as'011ows,. to Wi}" (1) A 14.96' ac,e track of iand, ,..ore particuiariy described by metes and as follows: iNINC a, /4 inc9; irG„ "0d -0JRd i0i the RctheaSt corner of this a C� G7 :a.-d t;,e south line c, a 39.743 ac.-a ; act of :anal ca.led 40 acres in a deed dated =ebnC 3ry 18, 1982, ::c.:n U : led ji :c5 S!ee: Corporation io �ioesch Tubular Products :. -c 7,5cz, dad ii Vo :''a 4-0 a: P o�e 257 o' 'L t, 0 e e d Re;Grit s o: Chambers COU:nty, exas. -:O.i1 'UNS CO"'8' 2i, lm,'; 'Cd - oL-,id Tor `Lie southeast ccrr,er Of said 40 acre Z.-act :cents East 673.0 fee:. :;:is ba`:r_niny ;o;ner i-;as a State Plane Coordinate Vs.:uc o` Y - 706,657.07 £nu X = NCE sout-: ,Mtt. t`e east ;l,­e of t;,is tact of (and a d; L- nce of 850.87 feet tc G �lS i ^ch iron roc f;,::rd fo:::,e scct;?Easi corner of this tract of land in the south Gi 357.611 1 cc: t a c: lard and to tie north line of a 126.322 acre ti act of :,,o.:,o.-iveyed to Ur: ec States Staei Corporation by MODO. ough Co., by deed dated u- a 33, .?67, and racc-de!� Vc.lu.me 2E8 at ?ace 394 of :he Deed Reccrds of County, e;:3s. =:t7 ": L.`,:S co.mer a,-. 'Mr' rG0 .Our:d for the nc heast Corner '2G_J22 dCi ticGi JT :8r,d GCcrJ rlOru, $s° i2' Civ" Bast 1,31$.29 feet. TL, �� � C.' /� O _V ^j" was' the this 1 , t: i`FLLs SO:i:'. ,.� 1, C'� N2S, Wii'i .{'le SOJ:h ., -�& of th1S tr2Ci, u e SOl.:ih line 357.61 1 acre _act any u:e ~:, iinE of said ;26.322 acre tract of land, at 642_:,a sire; seta :/�' *.c�, i-c^ Tod ;, . r.e, n all a tcta: c,S- - a ci 682.53 feet to a point for "Le sclTt,`IWESt of t,s ',,—act of lard or. the east bank of Cedar Bayou. - E :VCc in z - :�, :,`,e, y 're 'o:, wiah t -e writ ii:,e of t .,s tract and the east tAJ ',,edar bayou ...e .c.:ctv:r,c c01_7ser: -or;:n '4 uc ,7 west 114.24 feet-, ncrth G3° 30' 42" east 24.34 -az ; ,,cryh 144 34' -3 ;" east 37.54 feet: north 28° 23' 23" west :•3.�3 fee:; north 270 42' 31" eves; 219.62 feel, nom 55° 09' 34" east 11.27 feet-, feet; nontl 43" west 70.2-`' ea''; scut; ..'^,G° 57' 57" west i 3.86 `ea;; i of In So` i Jt 12" west 4:.95 eet; north 12° .8' 29" west 46.54 eet; no:thl 45° 10' 35" west 30.08 feet to a ;:,r the nort{hw est co 3f ;:is tract of land anc the southwest corner of f e .40 2c re L= i n=NCE north 4-,r* %J- east vvt:i` V e P.orT;'Ywest line of this u'act and uhe sou:naast :ir.e of saic 40 ac,-a :;a— ,'20.52 fee' found a 1/2 inch iron rod in line, in ail a Lo:ai datancz of 439.24 feet to a S/8 ir. ;h iron rod four,6 for the most northern rc��vtas`- comer of t :is t. c; o* land atd a =rner of said 40 acre tract of land- _L:— NCE east with t e no me of tn'.s tact_ and `re sou -.,, Iine of said 40 acre zrac; a d:s`ance of 599,43 fae; to ,;:e riace of beginning, containing within said �a fa -a3 14.964 acres of lane_ BEING situate in the -1c.-fin. S,ae:e SuNey, Abstra.:: 227, Chambers County, Seing out c: ? pa1 of E certa ;'-i '_':57.e,,,1 acre tact cf land conveyed by f T*. -_r-o VVTI.4urn, et. ai,, :o ut,:�ao S, a as Steel Corporation by Ceed dated M rJI 2, 1837, ; accrded in Voiune 2E3. pale 203 of the Deed records of Chambers County, -exas, ai,d conveyed :y I.Ji;t ed Sc-Les steel Corporation to Warrior & Guff Navigation Company : y Deed dated \ovemi-e- 17, 1985, recorded in Vciume 252, page 258 of t`a Dead Records of C�.arnbe,s County, 7 exas. A perps_c:a,, easement in and to the `o(lowing desc -tbeo o'�' YJ ;Gz rOsd situate ii, v,arn6ars C=nty, ; texas, note part:c;iarly desc,ibed as M!NNIING of this existing road and in tt e west ri h* of wa; ;:r:a of =. M. Hig; w::y No. 1403, 30C fool -ght of way. From this point a 1 -114 ca ;y var2 a er c1cn c. 'he wes` rf i g ► o; way ttre ot . d iron D -e No. 1405 wit,z -a scut;, 'Ine: o said 357.61 1 sc: e tract of land and bears south v3' u .JS" least 26.45 ;eet. I iS blegii Wing poL-ft has a State Piane Coordinate Value cl .. . J/ :28.54 arts %-' n = , , \_� SD�Jtr �:i� .SGt ...Gtt !�f�j: Vl:�� Q (�.Q'l1 iiiv �i i1.iS - P�CiSting road, at 2. - ;c,. ;;, 6E': cross ;:.r wt ; o= sat: 357.31 i ac:E :.cC, and the east ]*,'2e of said .t�-r° tract of ;r=��, ... a:' a ;o;ai c:starf:,e o; 3,553.c5 fezt 20 ; in a point for a P c_ef .t4:'i „e of this 7.. =NCZ wish ” ca:t:c-.-.e c: �hs -cnd tne'o::ow: s c =;s ° 25' ' rses: south 80- 5 "v0.97 feet; c .-. t 70' 44' 2C" west 98.37 'eet; r.o' i c 0' 13' 09" wesf. ` 97.07 4" "4 ", ;!esi 9?.};� tact; ;,cyh 38° 32' ,S" west at 93.33 feet c70SS the '�.'.. C. SaAd 12S.:,� c a''c; ., r �: �^ �u t "E Siul::t' iine c� Sai : I. 337.0 f 1 acre trac -� in a , a. -. ca of 99.24 .z_` -c� -. 54° S..9� =t scL "- 87° 45' 01" west 85 0b was' ,f t = 8_ ?° f, ._ tc 2 loin_ in t.`.e east ;ir.e cf a 14.904 acre sect cd found --.e sou`t ; j �.} � �.t p :,,r ,, 1 fens cornier c; saic L.*ac:t of lan� �a.l V �.ZS °2- -2' Z E-NG situate in t; :c. ,. , Stee:e Slave ,Abstract No. 227, Chambers *;, _ y --fibers Cou jy, exzs, Gnc nelnC ou.' vt anc a _.. c` a 357.61',1 acre tact called Tract No. One that ,• :as :.--Veyed to Ur. ac Sta:ss Stee: Cc�omaton by Theo uV ;bL.,n, et. a]., by Oeed < :a :.:`� 2, 156? anc: recorder , Vo;urne 263 at Page 205 of the Deed Records Coun:j -exas, anc 3a ...c Out o+" and a par: cf a 126.322 acre t—. act of 1 :� co:,ve red to Ur,;:ec Szat2s S:a Corporate by V?cDonougn Co., by Deed dated ISo7, and rex:aed VC,4'L,e 288 at Page 394 of t;;a Deed Records of C:-:= :-.ce :s County, 7exas, and Roaa Easemant, grari`.ec Jy U„ ed States Steel _':ion to Warncr & Gu ,Xavigaticr:, dated Nover i-et 17, 1989, recorded in Vc :::; ne 252 at Page 27' of the Deed Records cf Chambers County, Texas. i OG FHER Wu-,* a!i and s,i19ular the :,i]prave,i ients, ways, watem, accretions, r:5 ;i6e7tes, prnrlecas, '-e.ed;,ta.-,ants and appurtenances whatscever thereunto ba- 'zn9':ng or in anyKisa appe, si..i;;y and the reversions and remainders, rants, issues ?..:�v r ofcs thereof, and. also aii t` :a Estate, right, tiie, in ierast, lase, trust, property, c:ssass;o<<, claim arc cema.,c whatsoever of f Grantor, in law, equity or otherwise hCWSoevar, of, in, to or cu; of t;:a s am e. R-7SERV;NIG TO GR:'i T OR, ITS SUCCESSORS ACID ASSIGNS ANN EXCEPTING A rira;r.age ease :; e ,; 25 :ee: ' wi-U between o'-e,,- ;ants of Grantor known as : 4 snd Cedar Savou, :I,e no; u- cy,e of whic;n begins at an iron rod set in the =d—east comer of the 000ve desc. bad premises anal t' ezce extends west, a distance o- SgJ.r3 feet tc an fir.,.. red set fiat fi :e n -r .went conr;E' o;` ;ne abcve desc. bc-d -rs-r: Ls and thence s:;:.ir 43° 5E' 03" wee: a distznce o; 450.1 i feet to the e2st bank c` Ced,: 15e,you. Gran :n s a:; 'eve `:e ignt and obligation to use, maintain, repair a-L rG -:@ce at Granto's =st t;ic- afo -asnid 25 root wide drinage easement for as long as G:-antor requ;res the case ; '.,ereo'. A non- exclusive perper a, rcGd easement 50 feet in width, which is the wcste, -iy o; an existing read between: F. M. Higt:way No. 1405 anal the above descrb::d premises, w� :;�', east:,.ent begins st a point on the. east line of the premises .. u..e ae .ze::ine of the 50 :cot w :,:;e road, which po't ;s c2.67 feet north of the sc::.. essterr. comer :: i=.._ ?-e :'n.'ses, thence scutn 870.45' 0 west 59.37 feet; thence 38° 4;.' 22" west: 84.52 fiee:; t; en�ce. south 68° 55' 53" west' 92.75 feet to a point line of the remnzas. T, pa—, j v , I— uses "I s road easement shall znc� repair :: a sa :,:,; f more tran one pa y =•ses the easement, w` e :7.a ,tei:ance and repa:- CQStS S,:o., be apportioned belVeei Cr srT,Ong the parties. UtiDE� AND SU °Ji_C T 70: 4_ A;i ad valcrern r-z: est�,_e taxes riot yet due or payable. 2. A."I easements, rzs�rvaticns, :igll'.s -o? -way or covey a ',s recorded ir. Chambes Texas. 1�1 C] 7th rcyaity ,:":tarsst in _nn :c cif oli, gas end 1-iifiZr iii:nemis oil, in, finder or may be prod�.:a6 . -On. ..'er-,ses as sat a Certain deed fro. V`riiburn, e,, s i., :o —a ior C+3IEt7 �1icYCi Lam, 1967, , HftG reCCfG'£G� In Vo,ume 283, ps -L 205 c' t :e Deec of Records in Cambers Ccunty, Texas. C *PVC AND 70 t'ne sar-.e to and `cr ;he proper 'use and behccf of r5 successom ant' and 4"j-.e v. -an`c: covenants to warrant and def.zr..` ;n8 :itfe to the aDGVG- e w,.bed -p,-emises agains -, --- a cl2lnz of a,! persons lawfully Cicir`%y cy, i: • r•i. -y -- i i l t 6 z. rx i r +r , :O v 7 '•i1 C � a i C l o � � �► i` '( � � t l � Yj ii'F � ILI *d ` s.�v i� w •` ��o � l � >e 1 4 c IL a ♦ V � N O iL •� Y 14 t ow:N 7 �a J � r •a i \ � 1 C � a C �7_ 11 KOPPEL STEEL CORPORATION PROPERTY WITHIN: INDUSTRIAL DISTRICT` -'NO. 3 BEING: TRACT 1: 40.0000 acre tract of 16n+= .situated i n the John n', Steele Furvey, Abstrac -t No'. 277, Chanhers County, "exa;a, ind' b.a ne out';of and a part of a ]57.611 acre tract' of .lams called ?tact 140- one . i in a r+ee J from "heo Wilburn, at .al t;o (nited' States Fte *1 Corporation dated March `2, 1:967, 'recorded in Volu+t•. 2P3 at Pace 205; of "the DaeA:. >"ecorda, af: Chas+hora County, "era's. Fair a0 nnoo acre tract 'of .1 =and is more particularly rlescrihed by mt:tes and bounA s` as loll0's, to -wit: R'r. TIC .IrI >'G at .:. a- 1/2" Pe: -bar set for the Northwest corner of this tract. of lanti in the FOuth ant rasc line of the7 Continental ni1 Co. 10 foot richt -o:f —way and from this point the Southeast corner of asi - . �.S7,61 ] acre tract of land veers South F°' A6' 30 Tasti5453.07 feet and concrete control:. monument Mo. 2300 -.7 hear a; Fouth 59' 77' 44" Last 461 @.3-0 feet aryl this PTGIF14it7r. corn'er has 'a Ftate Plane Coordinate Value -of y - 7n7,P9. ;.55 aryl X 3,201,02P.20 Kr..nIrr. Tas't w3'th the North - `line of:, thi i ,-tract .and the South pine of .;;at.; ; r1 1`0 foot rieht-of-way a distance of 1156'.44 feet to 'a 1/2" :Pe -bar set for the Northeast corner of th'ia tract of _l.anA Tti'F "('T South with the Taat line of this tract; of lan�1 a Ai•stance of 1100.00 feet to A 1/2" Pe -bar lei for the Foutheast corner of this tract of land TH'TNr3' west, with the South line of this tract a distance of 12.72.47 feet to a 1/2" Pe -hnr set for a corner of this tract of ]an-1, T"rwr South 45' 58' 03" Vest with the Fruthe�rt line of this: tract at 269.81 feet set a 1/2' P.e - her`in ]ins for a corner of said In foot right -of -way, in a.11 a total distance of 461.23 feet to an iron, pipe set for the South corner of thi s tract. of Iand on the rank of r*(iar Payou . rwr.,y:r with the South or Fouthwest 1 ine of this tract the meaneiera of .r'eAsr Rayou the folIowino courses ar✓1 Aistn.nces: North 5A' 00' we et. 91.111 feet: North 79' n0': west '152,77 ` -feet to an iron 'pipe wet for. the Fouthwest or weft corner of this traet:of land, T►+Ttt T` nor th 4 5' SR' 03' La at with the North weft or Nest Inc of thi s tract of land a 'di stance, of 651.4'7 feet. to a 1/7" Pe -bar: art for' a corner of this tract of land in the Tast line of sai`A 10 foot right -of -ray: THLNCT North, with the Nest line of this't:'ract and the Tast line of said 10 foot rieht-of-wav a distance- Of PA0.5,a feet to the PLACF or PTr.I "'^7 Nf Cont a i n no within said bounAariea 40,0000 acres of land. N Ur. F: ALI. PFAP_INGS Apr LA -pFpr GPIn ArApircS A,-^ ALI. Coo pr'TNA -rF PTFT.P T,0 FTATF PLAvT r'rK`gT`INA"F F1!S7 Soir' A H CFNTPAL ZCogr, AS r%- FINrr% Ty PT1f -L.T S3n(%A of �vT Pfvl5rr% C71111- c;-A -ITTS nF THE c ? >T', o'-_. TTYAS . HIBIT r 11 El vi= - =XAIS KNOW ALL MEN BY � NESE �RcSEh�fS: OF CHAM-.EERS "'` N" ;GA CG1frA. Y, an Aiabarna corporation rr� i�VAF�F�iu,� cn �z :v" .ter+ ; a;, -e- called G,-Ax, fn. ant n =ns dery tior 31 the �ayrnent of the sum of One L: s.-et i wElve i �.ousartd ; ve J :u Bred Dcl)ars (," , "2, :OG_OG) and Tor other good and �z cc.~.19 conside:at :Oris, the - ac°.pt and Sufficiency & w .ic,"1 are hereby aci: oMr sdged by Gra or, by :hess p.rasen`4 does hereby grant, bargain, sell and cc;':vey unta NS GROUP, INC., a Ke. ;Z c<y cci-pora ion, t ei;;a:ter tolled the Grantae, the described :.ate m ' and $a:.'G;E fin CTlarri2;5 Ccu ;.ty, Texas, more parucuJariv ' �C-3C " :>rEd :- 25a'llows,.:o. Wi+' A 14.964 2c7e- track o` iand; , .ore particuizray described by metes and as follows. . aEGI NNING a; .3/4 inch ;ro„ r0v ;OJrii' tai the nc'heast coiner of alts uact'GT ;a ;c 'he soutti line c a 39.743 ac: z- `met of :anal ca;;ed 40 acres in a deed dated 18, 1982, •f:cm Un led D ;es S!ee! Coracraticn to �ioesch Tubular- Products 'n Vol:! : - 4 J c, Po e 4,70 0' L,.e CeEd Reccres OT Chambers County, -exas_ . ='0.'17 `.his Co--er a:r i :G,; rc>d foLmd for -khe sout,Aeast caner of said 40 acre ~_ot beers east 673.C,4- rae :. a osner ,ias a State Plane Coordinate Va:i.;c of Y - 706,657.07 an- _X = 3;25 - ,871.9G. sou", 'Nit. :`e east 7ii,e Of this Laci of land a distance of 850.87 feet i;;ca iron roc Tpund fvi the sc ,neast corner Gei this tract of land in the sout.) ii' G Gf ss — 357.6 , 1 zc c.: t{`'c: c' lard a .d in t';e north lime of a '126.322 acre tract Of ;a-:: cd.Iveyed to Um dd States Staei Corpcaiion by McDonough Co.,�by deed dated '967; and -acc.-ded s;, Vciu. -,c 288 e: ?age 394 c`the 'Records of �,ha- ;:i:L: a `.OUt1t`/, E::SS. FiJ'" :`.. corer 2�, iron ;G: :curd fOr'.fie nGii1'85st GOf�1er 5c,. v . � 2G�.322 acr rd e :i cCt OT :a Gear; n , J—j 88° 12' GO east 1,3 18.28 feel TLE ;NCE So'.z"i::::$° Z %' C ;�" was; wit-1-1 ,'7e south ;`7e of this trams, I e south tine o; sale 357.61 ;acre ��ct ar.c: �.e ?:r:e o` sera 126.322 acre tract of land, at 542-3-13 feet set a :1,c i;cn -off i; : re, n all p- tota, cls,ancs cf 552.53 feet to a P.0 :: 7t :or t`,a scut`7wE� ca.;�Lr of : ^s tract of lard or. the east bark of Cedar Bayou. c :VCE in a y c re o :, w: h t:,e wast line of th;s tract and the east Cedar Eaycu : ^s 7c : :ct�r r,�, :oLrses: 0r`.1 ;7" west i 14.24 feet; nark G3° 30' 42 east 24.34 rear; cr;h 14* 34' 0 enst 37.541Eet; north 28" 23' 23" west • E 51.66 -:--eczt; north 27* 42' 31" WSS-, 2,3.S2;T"ee- no.-t� 55*1 09, 34" east 11.27 feet:.morth 3.86 feat; 56- 215- 1-3 West 70.2' ea. scut 57' 57" west -West 43.25 f-eel; north 112' ZZ' 297 wes" 48.54 'reet* north 459 IV 35" west 30.09 .feet t %0 a :.5e northwest 07 tlllls trams 'of land an6 the so. UAI-Iwest corner of the i -i=NCE rorth 45' 5S' 03- eas" we e rorthwest :ire e c"thiiact and the -30.52 fee', found a 1/2 inch imn rod in line, in a,11 sou-masst :ire of &;aid 40% acl-a a of 4vti,24 f6et, to a '5/8 iron rod found for th e m 'st o northem ni--):t°iwest comer of t is -.:ac; of land and a =finer O'g said 40 acre tract of land. -:--'=-NCC-= east with e no.-t"-, F;-, e of th"s tract ;d tr;e sou-. , line of said 40 acre t?'Zce a G";StranIce, of 59,43 feet In ;,lace of beginning, containing, within said ,Putm-da.`es 14.964 acres Of lan--L ING Situate tie 'C --. Stee'a Suve Abstra%.. 227, Chambers County, being oL;L' c Pic - -of F- certasn Z57.161- acre race' '" land conveyed by -;zlzs, and .5 a-Z cl VTj1'-;.1;jm;, et ai., z'o :.`rotas Steel'CorporatCon by Deed dated-.iarch. 2, IE-37, -ecorded in Voiume 263. page 205 of the Deed Rec . ords of Chambers County, ai-,c conveyed �v Uni"sit'Sates Steel Cor Gulf Navigation poraton to War. br & tz Nov r �'er 17,1985.'recorded in Vciume 252, page 258 of C-:,-:n=anY t"'Y Deed c-'a�te. a—I;., te O;ead. Records of 0 ,arr,L-ers Pounty, Texas. A Perpr;'+ e easement in and to ','.-)e Wow! g desc-bed V n I W-oze road Situate ii. I`-!:ambars \';U'nty, Texas, core patcuiarly desc,-ibed as tio Wit s ex!rLlng read and in the west rigs: of -'-NN G'ING Hi N 4 "Z5 g.t7:WZY . 0. 1 U- 7 30%,r. foot ;-:gh', of way.. From this point a 1-1/4 oajvanized iron 6,',-.e WZ t-.a ;.rtersactjcn c-: A�je west right of T way ;ire of - No. 1405 with scu+,, "ne cri'said 357.51' ;2c. r = tract of land bears south 05' ---S" east 26-49 feet. 7-is b-c—'r-ming point has a State Pliane Coordinate Value cf 7 2 Z' 0, eXjS1 sout:- ;5* 22' -2 W" existing road,, at cross "A;az+ of s tz:.- 357.51 1 a c: e c', art:. one e a $ "'-ne of said tract of ai a-,* 3,e5G.65 fee zo a point for a P! in of this eau. -ENCEwi' t h tL C-- • this the .6;.ow.-g =Ll'SeS: SOU th 860 25' f6et; 1 78* 44' 28". Wes: 95.37 no:t. - eO* IT 09" w' 97.07 es L y 3.2's t2aet• nr,-,.h 38* :52' S" wes, 2t G23.33, feet cross the 4 2 4 %,,1 a s C... sa.4-d 12S.3212 -az;.-;� -Outh i e 0 357.5 acre tract, kj all 54* 55' 0 —,=t; sceth 87" .45' 011, west was-, C-C a Point 1*c� t`--= east ;ine cf a 14.964 acre *,.,act :NJEYad this A ' red d found =cr -'e soutf-,eas' comer cf sai6- _c.: .'act of la:"� '-aaf - I.. 32.8: feat -2- IG situate ^tie �c -. Steeie Swey, ?„�strdc; tio: 227, Cha;nSe:s County; 1 ex s, zns aeinc our s anc a ;.a- cf a 357.81 ^ acre T.-ae, called Tract No. One that .,,�I.. ,-veyed to Ur. :Lc Sfz:es Steai by i leG WIibL'r 1, et. al., by Deed :.:h 2, 1967 a ` d reco'ced ;n Volume 283 at Page 205 of the Deed Records ..:r -:�ers County -exas, a ^c bei is oLl o and a par: c- a- ; 2e.322 acre tract of o,.. ve,led to Urri eL S� t2s S.Ge: OarpCra;.0 ^.y 1IEc0o:�ougn Co., by deed dated X907,. acid rex :dc'd:� VciL::ne 238 at Page 394 of .ha Deed Records of Courriy, : eXas, aru Roac = ase:T21- t, grantee y; U.4, States SMe[ CO-po on to Warrior s� Gu ,�i2vigau,,r., :dared NovE �; ,er 7, 1989, recarded In Vo:::mti 252 2: Page 27' of the s7eed ern s CT Cf ambers Cove y, Texas.` iJGENER wI.. iii ano sinyu:a. , r . :tmprcvemen.s„ ways, waters, accretions, ., ghts, 16e:tes, pal.- le is, !': z: edit2.slants- ard'.appur;enances what$cever thereunto ba::�rr tg of in anywise a;.pe,.ai, i,-,y and the reversior:s `ar.d rerr cinders ra'r,_s, issues a z p:, r::her�of, anc...aso ail .r`:s ES, ate, r;eht .t:��e, i,l ;erzst, 'LSe, °trust, p'�perty, claim ar::: cama:,c wr:a;ssever of Gzntor, in law, equity or o�tieni�rse L scava. , of, in, to c. cLt''bf L ;a - _;, ;- cV ;:\1G,TO G �iTOR, iTS `SUCCa =SSO S AND ASSIGNS ANO EXCEPTING drair.age easa:n err; -1,. fee::: wider between o::�e; sands of Grantor known as 1 `4 and Cedar 5 ou, she no, -L iu';- OI W�1IC17 SE,ris a an iron. rod set in the 1 c '�-erst con, er of.the at- rein es, and tae nce extends west a distance 0'599 3 `es, tc $n ;-Z :vl. S Z e cor^e-. o 'r,e abcve`desc bed' . Ls and `.hence s:::,J^ 430 cE' 03" Wes: a cietance 04,450.11., feet to the e2st bank of CGa, deyau. Gan::.: sires :eve the right and obligation to use`; maintain,' repair a ; ease° at Granto ?s =st tiro- afo asaid 25 foot +,vide drainage easement far as to ^„ as G.mntor requ; es the ese sirocco'. A no;;- exclusive perper al road. easement 50 `let in width, which is the westerly of 2n= exlsting. road oatwee,. r= ;1�1. H:gt:way \o.' X405 and the above de�c.= a-d premises, v ; :i ; east:;.ent begins at a point on the east line of the, premises . :, ,-. : ;e :are_of the 50 , rot wua road, which poi ;t. ls e2.67 feet north of, the scut .e stern comer c; t=e ?-a :ses, .hence -cute 87`<45' 01" west 59.37 feet ;`thence 5� o .1 , , .. _•- r • 0" west 92.75 feet " so, c 4-> 22 was: �.Sl ,ea., ,,:a„ca soul:, 08 55 5� Nes, ►o a point cn -.e o:.. /:` :ine'of t ,e -e,�.:sas. ne =.i whi:.h uses ,Lis rDad aaseTen; shall repair :: e s am. :.; f mere t: ^.an one perry _see ;he easement, uhe --a :_e. :u ce and cEpz;- cosy be amportioned betvveen, cr arnong the Fatties. . UN =R A:N.0 SJpJi -C i -0: i. A ad valcrern :es= es :z :axes. not yet due or payable. c. A nz.,sarvati:. ;,s, :igl s-o? -way o,- covEr.a : ;ts recorded ir..Chambe;'s . % WcL;r.ty, Texas. El .: % ieti� royalty Me es' in -: u :v ca Oli, rC3S 8r1u -J ir'.2i rn;riE'% i5 On, 11, under or c: may be prodL;zacr zhaa p'eT 1SeS aS Set io �. o' Cerf8ifl G�2e:I iro'i1 _. . ;A41bum, E . "u �Z G :o; dated Ma:'ci � L3, i 967,' and -:ecorded in Vb u-,e 283, ps-e 205 c; -eec o' Records in C` «,;, zrs Cci nty, Texas. G : � A1�Cr ; G "�C 2..e sar^e .o Ertl ;7e �raFer JSe arid bat ccf of v ;a succ� sos 2lc J� , BRG e rro8Gu Zntz io.- warTatil" and defers .,, a :; ;e to the acc��.c- ,:;:esc ;�: d are:, ises against t1e cla: -ns of aiI persons iaWfuliy c:ai( �.i y by, i:,; a�:ch cr ender i�;e G. for and noL otne:wise. .1 vV TN S S W; -,'ER -0F, e G an:o- has caused t::s Deed to be dray daof December, i984z,iacL e. a d sealed or: this . A :. =5 `ti : WARRSGR &`GULF NAVIGA a10N COMPANY BY- ,ASS +sort 8ecretary lfice Presidem -M, Hance 07 'EE wyri Ll Z, H9/ A-W g-I Ar ~7 Zj ------ tA 1z" von Z Ll Z, g-I Ar ~7 Zj IWI 1z" von Ll Z, g-I Ar ~7 1z" n SAVE AND EXCEPT FOR THE FOLLOWING TRACT WHICH HAS BEEN ANNEXED BY THE CITY OF BAYTOWN: Beginning at a point on the existing City Limit line, said point b`einq at the waters ed.qe of the West bank of Cedar.Bayou Stream, also said point having .a Texas, plane coordinates vaIue..af x = 3,.290,722.19 and y = 70.6,361.94;. THENCE', North q5' 58' 03" East along a line from the West bank of Cedar Bayou 5tream,to, the East bank for a distance of 303.74''feet to a— paint; THENCE, North 45' 58' 03" East for a distance of 461.23 feet to a point for a corner, said point havinq Texas plane coorainate.3 of x = 3,291,272.17 and y = 706,:893.64; TFEh�E, North 90' 00' 00" East along . the South boundary line of a 40.0 'acre tract of land situated in the John Steel e.Survey, Abstract No.. 227, Chambers County, Texas, and being out of a part of a 357.611 acre traca` of land called Tract No. One in a deed from Theo Wilburn, •et al to United States Steel Corporation dated March 2, 1967, recorded in Volume 283, Page 205 of the Deed Records, Chambers County,,.Texar, for a distance of 4.8 feet to a point for a corner; THENCE, North 00 00' 00" East for a distance of 1,100.0 feet to a point for a corner, said point being on the North boundary line of. the aforementioned 40.0 acre tract and having a Texas plane coordinates x = 3, 291, 276.96.- and y = 707,993.64; THENCE, North 90' 00' 00" West along the Nortn boundary line of the aforementioned 40.0 acre tract for a distance of 18x.76 feet to a point for a corner, said point being the most Northwestern corner of said 40:.0 acre tract, a.l..so said point having Texas plane coordinates z = 3;;,291,088.20 and v = 707,933.64; THENCE, South 00' 00' 00" East along the west boundary_.;[ine of said 40:0 acre tract for a distance of 860.59 feet to a point for a corner, said point having Texas plane coordinates x = 3,291,088.20 and y 707,133.06;,' THENCE, South 45' 58' 03" West for distance of 652.47 feet to a paint fora cnrner, said point beinq on the East bank of Cedar Bayou Stream and having Texas plane coordinates x = 3,290,619.12 and y - 706,679.54;` THENCE, South 4:5' 58' 03" West alonq a line from the East bank of Cedar Bayou to .the West bank for a distance of 303.74 feet to a point, said point having .Texas plane coordinates of x = 3,290,400.75 and y = 706,468.42; THENCE, North 54' 01' 58" East along the waters edge of the West bank and the City of Baytown existing City Limit line far a distance of 147.15 feet to a paint, said point having Texas plane coordinates x = 3,290,519.99 and y = 706,5.54.64; THENCE, Sou th.46' 22 3.9" East along the waters edge of the.West bank of Cedar Bayou Stream and existing City Limit line for a distance of 279.31 feet to the Point 'of Beginninq, containing 9,724 acres of land, more or less.