Ordinance No. 10,472ORDINANCE NO. � 0,472,
AN ORDINANCE OFT'HE CITY 'ITY OF BAY'TOWN, TEXAS, A 1,-['Ff-[OR,,l ZING
AND DIRECTING THE MAY I OR TO EXE( ' 'UTE AND THE CITY CLERK. TO
ATTEST TO AN INDUSTRIAL DIS,rRIC I T AGREEMENT WITH BAYER
N/IATERIALSCIENCE, LIX, AND PROVIDING FOR THE El",FECTIVE DATE
THEREOF.
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1 CITY BE IT ORDAINED BY' T1,11" CITE,' COUNCIL OF THE CITY OF BA TOWN,
T EX A S:
Section 1: That the C'Ity Counell ofthe City of Baytown, Texas, IICI-ebb aUth0l-iZeS
and directs the Mayor and City Clerk of the City of' Bay-town to eXeCLlte and attest to an
I
IndUSIrial District Agreement with l- MaterialScience, LI-C. A copy of said hidustriai
District Agreement is attached hereto, marked Exhibit "A"and incorporated herein for call intents
alld purj)oses.
Section 2: This ordivance shall to effect immediately fi-om and after its passage by
thC City COUIlCil OftllC City Of BayK)NVFl-
INTRODUCED, READ and P,,,%SSED l)y the affirmative �7,0'ie of the City Council of" the
Cicy ur l3aytown this the 23" day of October, 2006,
APPROVED AS TO FORNI
e"IGNACIO RAMIF lw C.aty. ttorney
HEN 11. DONCARLOS, Mayor
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 Bayer MaterialScience LLC, a Delaware limited
liability company, 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:
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:
The "City"
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Copy to:
City of Baytown
Attn: City Attorney
P.O. Box 424
Baytown. TX 77522
2. The '`Property Owner' Tax Statement Address:
Bayer MaterialScience LLC Bayer MaterialScience LLC
100 Bayer Road 100 Bayer Road
Pittsburgh. PA 15205 -9741 Pittsburgh, PA 15205 -9741
[I.
Identification of Propem 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 Cite has by ordinance, designated the affected area as
FAIT A
an industrial district. the same to be known as Baytown Industrial District No. 3 (the "Industrial
District ").
III.
Term
The term of this Agreement is seven tax years. from 2006 through 2012 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. This Agreement
supersedes any prior existing agreements between the Property Owner and the City relating to the
subject matter hereof and governing the affected area; to the extent any such prior existing
agreement required payment on or after January 1, 2006. such payment obligations are hereby
canceled and are superseded by the provisions contained herein.
IV.
Limited Immunity from Annexation by the City
In consideration of the obligations of the Property Owner herein set forth, the City hereby
CT
uarantees 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 3151 of each year during the term hereof a
sum of money equal to:
(1) the fair market value as determined by the City, of all of the Property Owner's land
and all other tangible property. real, personal or mixed. within the affected area
which is stipulated herein to be ONE BILLION ONE HUNDRED NINETY -EIGHT
MILLION SIXTEEN THOUSAND FIVE HUNDRED EIGHTY AND NO /100
DOLLARS ($1.198.016.580.00) hereinafter referred to as the "Base Year." less the
fair market value in the Base Year as determined by the City of that portion of the
Property Owner's property.. real. personal or mixed, which was located within the
industrial district on the effective date of this agreement and subsequently annexed
by the City, the difference of which is hereinafter referred to as the 'Base Year
Value. multiplied by
I
chart:
Q) (2) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City, multiplied by the applicable industrial district payment rate as
detailed below.
The applicable Industrial District Payment Rate shall be determined using the following
PAYMENT
YEAR
INDUSTRIAL DISTRICT
PAYMENT RATE
2006
.50
2007
.55
2008
.55
2009
.55
2010
.60
2011
.60
2012
.60
VI.
Valuations
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:
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.
A.
Valuation of Property Inside the Corporate Limits
The payments required hereunder shall be based upon the appraised value for the Base Year.
as finally determined by the Chambers County Appraisal District or its legal successor (or through
administrative or judicial appeal of the Chambers County Appraisal District's determination), for (i)
the land within the corporate limits of the City and owned by the Property Owner as of January I of
the Base Year. and (ii) all improvements and tangible property, real or mixed, situated within the
corporate limits of the City and owned by the Property Owner as of January 1 of the Base Year.
B.
Valuation of Property Outside the Corporate Limits
The parties hereto recognize that said Chambers County Appraisal District is not required to
appraise 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.
Therefore. the parties agree that to determine the fair market value of all of the Property Owner's
land, improvements, and tangible property located outside the corporate limits of the City in
accordance with the market value computation contemplated in the Texas Property Tax Code for
the purpose of calculating the Property Owner's payment in the manner described above, the City
may choose to use the appraised value for the Base Year. as finally determined by the Chambers
County Appraisal District (or through administrative or judicial appeal of the Chambers County
Appraisal District's determination). or by appraisal conducted by the City and /or by an independent
appraiser of the City's selection, and at the City's expense. Nothing contained herein shall ever be
construed as in derogation of the authority of the Chambers Count}, Appraisal District to establish
the appraised value of land. improvements. and tangible personal property in the annexed portion
for ad valorem tax purposes.
C.
Binding Effect
Determination of Industrial District fair market values in the above - stated manner outside
the corporate limits shall be made by the City and approved by the Industrial Appraisal Review
Board. Such final fair market value as approved by the Industrial Appraisal Review Board shall be
final and binding unless either part}, 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 XI11 hereof. In determining the fair market value of property and
improvements as used herein, the Industrial District Appraisal Board shall base its determination on
the fair market value as defined in Section VI 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.
4
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
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 desires to pursue
any additional available remedies. the Property Owner shall, without prejudice to such remedies,
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 Chambers 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 eight percent per annum
beginning 60 days after the City received both the Property Owner's written refund request and the
Chambers 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.
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 Chambers 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 Owners 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.
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 tennination. In the event of termination, the City shall have
the right to repeal the ordinance designated 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.
Xl.
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 Owners 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 (`CIMA ") or similar organization, the
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.
Authoritv
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.
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.
Severabilitv
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.
il)
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.
XX.
Ambieuities
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.
Headines
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.
xxll.
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.
A- reement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terns and conditions of this Agreement.
IN WITNESS WHEREOF. this Agreement is executed in multiple counterparts on behalf of
the Property Owner this day of , 2006, and on behalf of the City this
day of .2006.
10
BAYER MATEV.IALSCIENCE LLC
By
Printed Name
Title
ATTEST:
Al
Secretary
CITY OF BAYTOWN
STEPHEN H. DONCARLOS. Mayor
ATTEST:
LORRI COODY. City Clerk
APPROVED AS TO FORM:
:)�XACIO RATO IREZ. S ., ity Attorney
V�
RHONDA YOUNG. F' ante Dire r
11Cobsry RLegaNgnacio Raniirez\IDA\BayerMaterialScience2006Renewal .doc
ACKNOWLEDGMENT
STATE OF TEXAS )
) SS:
COUNTY OF CHAMBERS)
On this the 131h day of October, 2006, before me a notary public, the undersigned
officer, personally appeared James W. Newport, Vice President and General
Plant Manager, Bayer MaterialScience, LLC, Baytown Texas. known to me to be
the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Michael W. Culver, Notary Public
;;Y'o�4,, MICHAEL W. CULVER
¢ Notary Public. State of Tetras
Ccmxission Expires
JULY 212009
EXHIBIT A
The property subject to this Industrial District Agreement is located at 8500 West Bay
Road, Baytown, Tx 77520. It is shown on the attached diagram and a legal description is
provided thereto. However, the .7399 acres of land with the building (commonly known as the
Engineering Building) shown on Exhibit A -I attached hereto is not subject to this agreement.
C, EDAR BAYOU
UTM COORDINATES
BAYER COORDINATES 1. E.315020.75 - N.3294128.12
�
1. E.6458.1 N.8450.6 BLOCK DI0 /E10
2. E.6458.1 N.8329.6
3. E.6228.1 N.8329.6
4. E.6228.1 N.8360.3
5. E.6196.1 N.8360.3
6. E.6196.1 N.8407.3
7. E.6228.1 N.8407.3
8. E.6228.1 N.8450.6 1
9. E.6231.6 N.8450.6
10. E.6217.5 N.8489.3 9 12
11. E.6270.4 N.8508.6
12. E.6291.5 N.8450.6 DMN. 6 7 BAYER
BLDG. TECHNOLOGY SERVICES
AMERICAS
4
I , '"T I I I
BCBS
GROUND LEASE
BTS AMERICAS
(.7399 acres)
BLOCK DII
o
BLOCK
C9 /CIO
Ilth AVE.
BLOCK C11
C1.
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STATE OF TEXAS)
COUNTY OF CHAMBERS)
FIELD NOTES of a 1017.6997 acre tract of land situated in the Christian Smith League,
Abstract 22, the R. A. Porter Survey, Abstract 205, the G. L. Short Survey, Abstract 228
and the Thomas Shepherd Survey, Abstract 229. Chambers County, Texas and including
all or pan of the following tracts of land:
A called 9.2952 acre Tract 2 conveyed by Vince Vallone, Trustee to Mobay Corporation
by Deed dated October 8, 1987 and recorded in Volume 27 at Page 553 of the Official
Public Records of Chambers County, Texas;
A called 4.7038 acre tract (Lot 3 of Forrest Cove Subdivision as recorded in Volume B at
Page 83 of the Map Records of Chambers County, Texas) as conveyed by Walter C. Hill,
et ux, to Mobay Corporation by Deed dated April 28, 1988 and recorded in Volume 45 at
Page 620 of the Official Public Records of Chambers County, Texas;
Lots 4, 5 and 6 of said Forrest Cove Subdivision;
A called 43.682 acre Tract 1 conveyed by Vince Vallone, Jr., Trustee to Mobay
Corporation by Deed dated October 8, 1987 and recorded in Volume 27 at Page 553 of
the Official Public Records of Chambers County, Texas;
A called 3.988 acre tract (Lot 7 of said Forrest Cove Subdivision) as conveyed by Joseph
Norman, Jr., et ux, to Mobay Corporation by Deed dated June 10, 1988 and recorded in
Volume 49 at Page 518 of the Official Public Records of Chambers County, Texas;
A called 5.9530 acre tract (Lot 8 of said Forrest Cove Subdivision) as conveyed by J. W.
(Don) Johnson, Trustee to Mobay Corporation by Deed dated October 27, 1987 and
recorded in Volume 29 at Page 294 of the Official Public Records of Chambers County,
Texas;
A called 0.660 of an acre tract of land conveyed by Chambers County Development Co.
to the State of Texas and Chambers County, Texas, dated Novembers 19, 1975 and _
recorded in Volume 375 at Page 145 of the Deed Records of Chambers County, Texas;
A called 7.5184 acre Tract 1 conveyed by J. MI. (Don) Johnson, Trustee, to Mobay
Corporation by Deeds recorded in Volume 28, Page 359, Volume 30, Page 434, Volume
I01, Page 301 and Volume 103, Page 693 of the Official Public Records of Chambers
Counn., Texas;
A called 7.5588 acre tract of land conveyed by J. W. (Don) Johnson., Trustee, to Mobay
Corporation by Deed dated October 9, 1987 and recorded in Volume 27 at Page 548 of
the Official Public Records of Chambers County, Texas;
PAGE 2 — 101 77.6997 Acres
A called 7.7203 acre Tract 1 conveyed by Vincent Vallone, Trustee, to Mobay
Corporation by Deed dated June 12, 1989 and recorded in Volume 80 at Page 640 of the
Official Public Records of Chambers County, Texas;
A called 0.0386 o f an acre Tract 3 conveyed by Vince Vallone, Trustee, to Mobay
Corporation by Deed dated October 8, 1987 and recorded in Volume 27 at Page 560 of
the Official Public Records of Chambers County, Texas;
A called 8.066 acre Tract l conveyed by Vincent Vallone, Trustee, to Mobay Corporation
by Deed dated October S. 1987 and recorded in Volume 27 at Page 560 of the Official
Public Records of Chambers County, Texas;
A called 20.695 acre tract of land conveyed by Vincent Vallone, Trustee, to Mobay
Corporation by Deed dated October 8, 1987 and recorded in Volume 27 at Page 568 of
the Official Public Records of Chambers County, Texas:
A called 15.9628 acre tract of land conveyed by W. B. Thornton, et al, to Vincent
Vallone, Trustee, by Deed dated October 15, 1986 and recorded in Volume 614 at Page
609 of the Deed Records of Chambers County, Texas; subsequently conveyed to Mobay
Corporation;
A called 150.443 acre tract of land conveyed by Chambers County Development
Company to Iviobay Corporation by Deed dated January 4, 1974 and recorded in Volume
352 at Page 148 of the Deed Records of Chambers County, Texas;
A called 7.093 acre Tract 1 conveyed by J. W. (Don) Johnson to Mobay Corporation by
Deed dated October 26, 1988 and recorded in Volume 60 at Page 573 of the Official
Public Records of Chambers County, Texas;
A called 6.533 acre Tract 2 conveyed by J. W. (Don) Johnson to Mobay Corporation by
Deed dated October 26, 1988 and recorded in Volume 60 at Page 573 of the Official
Public Records of Chambers County, Texas;
A called 0.9092 of an acre tract of land conveyed by lvlaxine W. Clark, et al, to Mobay
Corporation by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of
the Official Public Records of Chambers County, Texas;
A called 2.0491 acre Tract 2 conveyed by hiexire W. Clark, et al, to Mobay Corpordtion
by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of the Official
Public Records of Chambers County, Texas;
A called 16 acre tract of land conveyed by Chambers County Development Company to
Alobay Chemical Company by Deed dated January 4, 1974 and recorded in Volume 352
at Page 142 of the Deed Records of Chambers County, Texas:
PAGE 3 - 1017.6997 Acres.
A called 15.330 acre Tract 2 conveyed by Sidney S. McClendon, III, Trustee, to Mobay
Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313 at Page
345 of the Deed Records of Chambers County, Texas;
A called 10.2306 acre tract conveyed by Chambers County to Bayer Corporation by Deed
dated February 10, 1997 and recorded in Volume 332 at Page 500 of the Official Public
Records of Chambers County, Texas;
A called 30507 acre Tract I conveyed by Sidney S. IvleClendon, III. Trustee, to Mobay
Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313 at Page
34i of the Deed Records of Chambers County. Texas;
A called 36.297 acre Tract 1 conveyed by Sidney S. McClendon, III, Trustee, to Mobay
Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313 at Page
340 of the Deed Records of Chambers County, Texas;
A called 5.8056 acre tract of land conveyed by Chevron U.S.A., Inc, to Bayer
Corporation by Deed dated October 3, 1996 and recorded in Volume 313 at Page 344 of
the Official Public Records of Chambers County, Texas;
A called 25.4189 acre tract conveyed by Chevron U.S.A. to Bayer Corporation by Deed
dated June 6, 1996 and recorded in Volume 299 at Page 372 of the Official Public
Records of Chambers County, Texas;
A called 286.359 acre Tract 2 conveyed by Sidney S. McClendon, III, Trustee, to Mobay
Chemical Company by Deed recorded in Volume 313 at Page 340 of the Deed Records
of Chambers County, Texas;
A called 1.5722 acre Tract 3 conveyed by Maxine W. Clark, et al, to Mobay Corporation
by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of the Official
Public Records of Chambers County, Texas;
A called 8.3232 acre Tract 4 conveyed by Maxine W. Clark, et a1, to Mobay Corporation
by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of the Official
Public Records of Chambers County, Texas;
A called 1.242 acre tract of land conveyed by Chambers County to Bayer Corporation by
Decd dated August 16, 1999 and rccorded in Volume 424 at Page 316 of the Official
Public Records of Chambers County, Texas;
A called 183.345 acre tract conveyed by Sidney S. McClendon, Ill, Trustee, to Mobay
Chemical Company by Deed dated March 10. 1970 and recorded in Volume 313 at Page
336 of the Deed Records of Chambers County, Texas;
PAGE 4 — 1017.6997 Acres
A called 20.19 acre tract of land conveyed by Sidney S. McClendon, III, Trustee, to
Mobay Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313
at Page 250 of the Deed Records of Chambers County, Texas;
A called 90.8157 acre tract conveyed by Sharon Ellis, et al. to Bayer Corporation by
Deeds recorded in Volume 265 at Pages 482, 496 and 502 of the Official Public Records
of Chambers County, Texas;
This 1017.6997 acre tract is more particularly described by the following metes and
bounds, to -wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL
COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH
CENTRAL ZONE, AS DEFINED BY ARTICLE 21.071 OF THE NATURAL
RESOURCES CODE OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES
ARE ACTUAL DISTANCES. SCALE FACTOR = 0.998965.
BEGINNING at a % inch iron rod found at the intersection of the South right -of -way line
of F. M. Highway 565 (80 feet wide right -of -way) at the Northeast corner of West Bay
Road and the Northernmost Northwest corner of said called 9.2952 acre tract. Said point
has a Bayer North Plant Coordinate of N =1 1075.26 and E= 7420.03 and a State Plane
Coordinate Value of X= 3.296,724.1084 and Y= 727,835.6143. Said point being the
Northernmost Northwest comer and POINT OF BEGINNING of this tract.
THENCE: Along the Northernmost North line of this tract and along and with the South
right -of -way line of F. M. Highway 565 and the North line of said called 4.7038 acres, a
North line of said called 43.682 acres, the North line of said Lots 4, 5 and 6 of Forrest
Cove, the North line of said called 3.988 acres, and the North line of said called 5.953
acres, as follows:
North 76 deg. 55 min. 49 sec. East 136.78 feet to a concrete right -of -way marker
found for an angle point in said line;
Notch 78 deg. 00 min. 59 sec. East, at 49.89 feet pass a 5/8 inch iron rod found for
the division comer between Lots I and 2 of said Forrest Cove Subdivision; in all, a total
distance of 354.65 feet to a % inch iron rod, set for an angle point in said line;
North 77 deg. 31 min. 01 sec. East a distance of 745.42 feet to a 5/8 inch iron rod
found for an angle point in said line;
North 77 deg. 2I min. 12 : ec. East for a distance of 349.85 feet to a 5/8 inch iron
rod found for an angle point in said line;
North 77 deg. 18 min. 03 sec. East for a distance of 371.14 feet to a concrete
right -of -way marker (leaning) found for an angle point in said line;
North 76 deg. 51 min. 25 sec. East 82.17 feet to a 3/= inch iron rod found for an
angle point in said line at the Northwest corner of that certain Lease Tract described in
Volume 44l at Page 283 of the Official Public Records of Chambers County. Texas and
an angle point in said line herein described;
PAGE 5 — 1017.6997 Acres.
North 76 deg. 47 min. 49 sec. East 237.65 feet to a concrete right -of -way marker
found for an angle point in said line;
North 76 deg. 28 min. 28 sec. East 305.90 feet to a' /, inch iron rod, with cap,
found for the Northwest corner of that certain 345 kv Reliant Substation Site;
North 76 deg. 28 min. 28 sec. East 33331 feet to a %s inch iron rod, with cap
found for the BEGINNING POINT of a curve to the left, (non - tangent) and concave
Northerly;
Along and around said curve to the left, in a Northeasterly direction, having a
radius of 612.96 feet; a central angle of 22 deg. 22 min. 49 sec., a chord bearing and
distance of North 64 deg. 59 min. 40 sec. East 237.90 feet, for an arc leneih of 239.43
feet to a ' /•_ inch iron rod, with cap, found for the TERMWATION POINT of said curve a
the Westernmost comer of that certain 2.402 acre tract conveyed by Reuben E. Casey,
Guardian to Houston Lighting and Power Company by Deed dated August 31, 1967 and
recorded in Volume 289 at Paee 486 of the Deed Records of Chambers County, Texas,
and an angle point in said line herein described;
North 76 deg. 38 min. 49 sec. East 193.84 feet to a'f, inch iron rod, with cap,
found for an exterior Northeast corner of this tract and the Northwest comer of that
certain 6.798 acre tract conveyed by Albert Nelson, et al, to Houston Lighting and Power
by Deed dated October 11. 1967 and recorded in Volume 291 at Page 376 of the Deed
Records of Chambers County, Texas:
THENCE: South 12 deg. 14 min. 55 sec. East along an interior East line of this tract, the
East line of said Lot 8 of Forrest Cove and the West line of said 6.798 acres for a distance
of] 184.55 feet to a V2 inch iron rod, with cap, found for an interior corner of this tract
and the Southwest comer of said 6.798 acres, in the Easternmost North line of said called
150.443 acres;
THENCE: North 76 deg. 42 min. 03 sec. East along the South line of said 6.798 acres
and the Easternmost North line of said called 150.443 acres for a distance of 250.04 feet
to a' /, inch iron rod, with cap, found for an interior corner of this tract, the Southeast
comer of said 6.798 acres and the Easternmost Northeast comer of said called 150.443
acres; in the West line of said called 7,093 acres: -
THENCE: North 12 deg. 14 min. 55 sec. West along an interior West line of this tract,
the East line of said 6.798 acres and the West line of said called 7.093 acres, for a
distance of 1069.78 feet to a'' /, inch iron rod, with cap, set for the Northernmost comer of
said 7.093 acres, an exterior North corner of this tract, and in the West right -of -way line
of F. M. Highway 1405 ('300 feet wide right -of -way). Said point being in a non - tangent
curve along said right -of -way line, concave Westerly;
PAGE 6 — 1017.6997 Acres.
THENCE: Along and around said curve, to the right, in a Southerly direction, along the
West right -of -way line of said F. M. Highway 1405, the East line of this tract the East
line of said called 7.093 acres, the Northernmost East line of the Southern Pacific
Railroad (60 feet wide right -of -way), and the East line of said called 6.533 acres, said
curve having a radius of 2600.20 feet, a chord bearing and distance of South 27 deg. 09
min. 27 sec. East 1319.03 feet, for an arc length of 1333.59 to a % inch iron rod, with
cap, set for the TERMINATION POINT of said curve.
THENCE: South 12 deg. 27 min. 52 see. East along the East line of this tract, the West
line of said F. M. Highway 1405, the East line of said called 6.533 acres, the East line of
said called 2.0491 acres, and the East line of said called 8.3232 acres for a distance of
3789.07 feet to a % inch iron rod, with cap, set for the BEGINNING PONT of a curve to
the right, concave Westerly-,
THENCE: Along and around said curve to the right, along the East and Southeast line of
this tract, the West right -of -way line of said F. M. Highway 1405, the East line of said
called 8.3232 acres, the Southernmost East line of said called 1.242 acres and the East or
Southeast line of said called 90.8157 acres, said curve having a radius of 5579.58 feet, a
chord bearing and distance of South 09 deg. 06 min. 18 sec. West 4102.42 feet, for an arc
length of 4200.94 feet to a % inch iron rod, with cap, set at the intersection of the West
right -of -way line of said F. M. Highway 1405 with the Easternmost North line of that
certain Houston Lighting and Power Company 250 feet wide right -of -way described in
Volume 276 at Page 469 of the Deed Records of Chambers County, Texas, for the
Southeast comer of this tract and the Southeast comer of said called 90.8157 acres;
THENCE: South 78 deg. 01 min. 46 sec. West alone the Easternmost South line of this
tract, the South line of said called 90.8157 acres and the Easternmost North line of said
H. L. & P. Company Tract, for a distance of 1892.73 feet to a f inch iron rod found for
an angle point in said line;
THENCE: North 78 deg. 29 min. 31 sec. West along the Easternmost South line of this
tract, the Southwest line of said called 90.8157 acres and the Easternmost North line of
said H. L. & P. Company Tract, for a distance of 256.14 feet to a'iz inch galvanized iron
pipe found for an angle point in said line;
THENCE: North 55 deg. 15 min. 39 sec. West along the Easternmost South line of this
tract. the Southwest line of said called 90.8157 acres and the Easternmost North lime of
said H. L. & P. Company Tract for a distance cf 150.82 feet to a'/ inch iron rod found
for an exterior comer of this tract and the Southernmost comer of that certain Houston
Lighting and Power Company 250 feet wide canal right -of -way described in Volume 284
at Page 833 of the Deed Records of Chambers County, Texas and the Westernmost
comer of said called 90.8157 acres;
PAGE 7 — 1017.6997 Acres.
THENCE: North 42 deg. 18 min. 43 sec. East along an interior North line of this tract,
the Northwest line of said called 90.8157 acres and the Southeast comer of said H. L. &
P. Tract last above mentioned, for a distance of 4136.55 feet to a %: inch iron rod found in
the East line of the Smith League and the West line of the Shepherd Survey for an
interior comer of this tract, an interior corner of said called 90.8157 acres and an exterior
comer of said H. L. & P. tract last above mentioned;
THENCE: North 12 deg. 14 min. 55 sec. West along an interior West line of this tract,
the East line of said Smith League, the West line of said Shepherd Survey, the
Northernmost West line of said called 90.8157 acres and the Northernmost East line of
said H. L. & P. tract last above mentioned for a distance of 58.93 feet to a 1 inch iron
pipe found for the Northwest corner of said Shepherd Survey, the Southwest corner of
said Short Survey, the Southwest corner of said 1.242 acres and the Northernmost
Northwest corner of said called 90.8157 acres;
THENCE: Continue North 12 deg. 14 mm. 55 sec. West along an interior West line of
this tract, the East line of said Smith League, the West line of said Short Survey, the West
line of said 1.242 acres and the Northernmost East line of said H. L. & P. tract last above
mentioned for a distance of 561.08 feet to a yi inch iron rod, with cap, set for an interior
comer of this tract and the Southeast corner of said called 286.359 acres;
THENCE: South 77 deg. 20 min. 56 sec. West along an interior South line of this tract,
the South line of said called 286.359 acres and the North line of said H. L. & P. tract last
above mentioned, for a distance of 250.01 feet to a 14, inch iron rod, with cap, set for an
interior corner of this tract, the Northernmost Northwest comer of said H. L & P. tract
last above mentioned and the Northeast corner of said called 183.345 acres;
THENCE: South 12 deg. 14 min. 55 sec. East along an interior East line of this tract, the
Northernmost West line of said H. L. & P. tract last above mentioned and the
Northernmost East line of said called 183.345 acres for a distance of 489.32 feet to a %z
inch iron rod, with cap, set for an interior corner of this tract, an interior comer of said H.
L. & P. tract last above mentioned and the Easternmost Southeast corner of said called
183.345 acres;
THENCE: South 42 deg. 18 min. 45 sec. West along the Northwest line of said H. L. &
P. tract last above mentioned, the Southeast line of said called 183.345 acres and an
interior South line of this tract, for a distance of 4041.34 feet to a % inch iron rod, ,with
ca-o. set in the Northeast line of said H. L. & P. canal tract for an exterior Southeast
comer of this tract, the Southernmost comer of said called 183.345 acres and the
Westernmost comer of said H. L. & P. tract described in Volume 284 at Page 833;
PAGE 8 - 10 17.6997 Acres.
THENCE: North 55 deg. 22 min. 03 sec. West along a Southwest line of this tract, the
Northeast line of said H. L. & P. canal tract and the Westernmost South line of said called
183.345 acres for a distance of 949.44 feet to a ti inch iron pipe found for an interior
corner of this tract, an interior corner of said called 183.345 acres and the Northernmost
Northeast comer of said H. L. & P. canal tract;
THENCE: South 77 deg. 50 min. 05 sec. West along an exterior South line of this tract,
the Westernmost South line of said called 183.345 acres and the ]northernmost line of
said H. L. 8r. P. canal tract for a distance of 556.85 feet to a b_ inch iron pipe found for the
an exterior Southwest corner of this tract and the Westernmost Southwest comer of said
called 183.345 acres; in the East right -of -way line of West Bay Road (right -of -way width
varies);
THENCE: North 06 deg. 28 min. 44 sec. Vilest along the Southernmost West line of this
tract, the Northernmost West line of said called 183.345 acres and the East right -of -way
line of said West Bav Road for a distance of 2021.37 feet to a concrete right -of -way
marker (leaning) found for an angle point in said line;
THENCE: North 07 deg. 06 min. 38 sec. West along the Southernmost West line of this
tract, the Northernmost West line of said called 183.345 acres and the East right -of -way
line of said West Bay Road for a distance of 97.95 feet to a'/ inch iron rod, with cap, set
for an interior comer of this tract, the Northwest comer of said called 183.345 acres and
the Southwest corner of said called 286.359 acres;
TFIENCE: South 77 deg. 35 min. 01 sec. West along the Westernmost South line of this
tract, over and across West Bay Road, at 81.64 feet pass a %, inch iron rod found in the
West right -of -way line of said West Bay Road for the Southeast corner of said called
20.19 acres, along the South line of said 20.19 acres and the North line of a tract of land
now or formerly owned by Houston Lighting and Power Company, for a total distance of
2075.79 feet to a point on the East bank of Cedar Bayou for the Southwest corner of said
called 20.19 acres, the Northwest comer of said Houston Lighting and Power Company
Tract and the Westernmost Southwest corner of this tract;
THENCE: Along and with the meanders of the East bank of Cedar Bayou, along the
Northernmost West line of this tract, the West line of said called 20.19 acres, the West
line of said called 25.4189 acres, the West line of said called 5.8056 acres, the West line
of said called 36.297 acres, the West line of said called 30.507 acres, the West line of
said called 150.443 acres, and &,c West line of said called 0.0386 of an acre, as follows:
North 13 deg. 05 min. 17 sec. East 1 ] 6.09 feet;
North 02 deg. 19 min. 56 sec. West 192.02 feet;
North 14 deg. 15 min. 31 sec. West 152.30 feet;
North 14 deg. 50 min. 07 sec. West 159.42 feet;
North 14 deg. 24 min. 46 sec. East 48.27 feet;
North 36 dea. 50 min. 20 sec. East 53.76 feet;
PAGE 9 - 1017.6997 Acres.
North 14 deg. 31 min. 59 sec. West 315.76 feet;
North 62 deg. 58 min. 59 sec. West 83.09 feet;
North 03 deg. 36 min. 36 sec. East 39.78 feet;
North 11 deg. 50 min. 27 sec. East 124.63 feet;
North 26 deg. 07 min. 21 sec. East 45.65 feet;
North 33 deg. 32 min. 47 sec. East 132.21 feet;
North 44 deg. 36 min. 21 sec. East 73.82 feet;
North 51 deg. 05 min. 16 sec. East 73.10 feet;
South 89 deg. 24 min. 44 sec. East 86.38 feet;
North 10 deg. 00 min. 43 sec. East 338.55 feet;
North 25 deg. 55 min. 48 sec. West 64.10 feet;
North 05 deg. 15 thin. 21 sec. West 90.67 feet;
North 09 deg. 41 min. 12 sec. West 291.96 feet;
North 49 deg. 25 min. 42 sec. West 30.38 feet;
North 29 deg. 26 min. 51 sec. West 162.41 feet;
North 29 deg. 45 min. 56 sec. West 92.05 feet;
North 25 deg. 58 min. 28 sec. West 113.21 feet;
North 26 deg. 40 min. 01 sec. West 161.74 feet;
North 31 deg. 32 min. 11 sec. West 143.70 feet;
North 31 deg. 52 min. 31 sec. West 132.42 feet;
North 25 deg. 15 min. 10 sec. West 128.55 feet;
North 12 deg. 16 min. 34 sec. West 95.14 feet;
North 14 deg. 59 min. 47 sec. East 113.43 feet;
North 40 deg. 09 min. 43 sec. East 544.35 feet;
North 44 deg. 48 min. 23 sec. East 80.02 feet;
North 47 deg. 37 min. 45 sec. East 98.72 feet;
North 56 deg. 58 min. 29 sec. East 84.40 fat;
North 68 deg. 44 min. 02 sec. East 67.95 feet;
North 79 deg. 36 min. 22 sec. East 50.29 feet;
South 80 deg. 00 min. 07 sec. East 85.28 feet;
South 71 deg. 57 min. 49 sec. East 84.68 feet;
South 67 deg. 00 min. 26 sec. East 91.64 feet;
South 58 deg. 37 min. 04 sec. East 75.48 feet;
South 65 deg. 04 min. 51 sec. East 143.48 feet;
South 53 deg. 10 min. 45 sec. East 62.94 feet;
South 67 deg. 23 min. 01 sec. East 120.14 feet;
South 72 deg. 50 min. 12 sec. East 83.63 feet;
North 85 dee. 42 min. 25 sec. East 60.73 feet;
North 88 deg. 57 min. 03 sec. East 82.87 feet;
North 67 dee. 36 thin. 02 sec. East 116.16 feet;
North 61 deg. 15 min. 35 sec. East 95.17 feet;
North 46 deg. 35 min. 31 sec. East 117.90 feet;
North 29 deg. 20 min. 01 sec. East 74.33 feet;
North 20 deg. 34 min. 45 sec. East 69.19 feet;
North 15 deg. 53 min. 14 sec. East 73.55 feet;
PAGE 10 — 10 17.6997 Acres.
North 10 deg.. 17 min. 07 sec. East 141.33 feet;
North 06 deg. 16 min. 08 sec. East 9459 feet to a point at the intersection of the
East line of Cedar Bayou with the West line of West Bay Road 0 20 feet wide right -of.
way) and the West line of said called 10.2306 acres;
THENCE: Along and with the meanders of West Bay Road, the Westernmost West line
of this tract, the West line of said called 10.2306 acres and the East line of a 0.041 of an
acre tract of land described in Volume 614 at Page 609 of the Deed Records of Chambers
County, Texas and the East line of a residue tract out of said called 20.695 acres, as
follows:
North 01 dee. 14 min. 24 sec. East 104.75 feet;
North 02 deg. 03 min. 55 sec. West 94.22 feet;
North 01 deg. 02 thin. 11 sec. West 259.09 feet to a 'A inch iron rod, with cap, set
for the BEGNNING POINT of a curve to the left, concave Westerly.
THENCE: Along and around said curve to the left, in a Northwesterly direction along
the West line of said called 10.2306 acres, the East line of said residue out of said called
20.695 acres and the Westernmost West line of this tract, said curve having a radius of
914.93 feet, a chord bearing and distance of North 15 deg. 39 nun. 1 l sec. .West 49.10
feet, for an arc length of 49.11 feet to a ' /-. inch iron rod, with cap, set for the
TERIYUNATION POINT of said curve;
THENCE: North 17 deg. 01 min. 55 sec. West along the Westernmost West line of this
tract, the East line of said residue out of said called 20.695 acres and the West line of said
called 10.2306 acres, for a distance of 141.88 feet to a'' /� inch iron rod, with cap, set for
an exterior Northwest corner of this tract and the Northwest corner of said called 10.2306
acres, in the West line of Shell Dock Road;
THENCE: North 77 deg. 49 thin. 58 sec. East along the Westernmost North line of this
tract, and the North line of said called 10.2306 acres, over and across Shell Dock Road
and West Bay Road, for a distance of 174.91 feet to a''6 inch iron rod found in the East
right -of -way of West Bay Road for the Northeast comer of said called 10.2306 acres, an
interior comer of this tract and the Southwest comer of said called 8.066 acres;
THENCE: North 00 deg. 58 thin. 55 sec. West along the Northernmost West line of this
tract, the East right -of -way line of said West Bay Road and the West line of said called
8.066 acres fcr a distance of 173.66 feet to a' /_ inch iron rod found for the Northwest
comer of said called 8.066 acres, the Southwest corner of said called 7.7203 acres and an
angle point in the Northernmost West line ofthis tract;
THENCE: North 01 deg. 01 min. 39 sec. West along the Northernmost West line of this
tract, the East right -of -way line of said West Bay Road and the West line of said called
7.7203 acres, for a distance of 125.37 feet to a concrete right -of -way marker found for an
angle point in said line;
PAGE 11 — 1017.6997 Acres.
THENCE: North 01 deg. 03 min. 26 sec. West along the Northernmost West line of this
tract, the East right -of -way line of said West Bay Road, the West line of said called
7.7203 acres, the West line of said called 7.5588 and the West line of said called 7.5184
acres, for a distance of 376.28 feet to a % inch iron rod found for the Southwest corner of
said called 9.2952 acres and the Northwest comer of said called 7.5184 acres;
THENCE: Continue North 01 deg. 03 min. 26 sec. West along the Northernmost West
line of this tract, the East right -of -way line of said West Bay Road and the West line of
said called 9.2952 acres for a distance of 503.56 feet to a `/h inch iron rod, with cap, set
for an angle point in said line and the Westemmost Northwest corner of said called
9.2952 acres;
THENCE: North 38 deg. 35 min. 00 sec. East alone the Northernmost West line of this
tract, the Northernmost West line of said called 9.2952 acres and the East right -of -way.
line of West Bav Road for a distance of 152.64 feet to the PLACE OF BEGINNING and
containing within these boundaries 1017.6997 acres of land.
SURVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an actual survey made on the ground,
under my supervision, in January of 2002 and that all lines, boundaries and landmarks are
accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 31" day of January, A. D., 2002.
.
ene Ramsey
'-Registered Professional Land Surveyor No. 4379
O F TF
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