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Ordinance No. 11,392()RDINAN(,T,', NO� 11,392 ORDNVl�(A,.' OF "HIF, CITY M BAYTOWN, TI-AAS, /%" "LL IORI"INN AND DIRIVIVIGnIF MAYORTO I 'AF,C'U"I'll AN DII ILI CUIN CIANKTO A I'l I �. SL VO A N I N 1) 1 J S V R I A 1, 1 �) I ST R I (", I , AG R I � F NI, F T WITI I Cl I F� VR 0 N 14ULLAPS CHIMICAL COMPANY [,P; AND PITOVIDIPS FOR IIIH, IMIKIII/F DA011211 I FRIVA". 13H I'L MIJAINI'D ii", I'mi arle (zOUNCII. OF Tlll`. CITY (A' BAN'TOWN. FET&W Section 1: that the (- il� Ouncil (:�ftlle City' Of I CXaS hel-Cb Rllhor�nzlos mml directs the Mayor aml Cly Oak of the City of Baytown W exectile and auest to an Industrial Distlicl Agreement with Clievron Phillips (:. henlicalConiparty Ill. A coi, of said Industrial I �)istrict Agreement is attached he•ew markai FAAWbil "A" and incorporated herein f6r all ire ems and puMosm. Section 2: This o•dinimcc mhA We Met BMW), from and aller its passage by We City (' mncil or the city or iiamm. IN' I W)DIl"(H), RFAD and PASSIM by aw alfimiadve v City of Phyn""i this the 8" day of Jul;, 20H). MICIAMITZA;Yhyllerk "\I'll RoV -"D ",\S To FORAI; HIMIGHM R K I �,,o 9 w . , I �Y ( I r le dMAM,C', f I I d f Ui X ( f0. 1, N 10H urd I nan. do", ollhe ('41, Auncil of the NCARI.OS, Nlayo Exhibit "A" Industrial District Agreement This Industrial District Agreement ( "Agreement ") is made and entered into between the City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas, hereinafter also referred to as "Baytown" or "City," and Chevron Phillips Chemical Company LP, a Delaware limited partnership, hereinafter referred to as "Property Owner." In consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between the City and Property Owner as follows: 1. 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: 1. 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: Chevron Phillips Chemical Company LP Chevron Phillips Chemical Company LP Attn: Mr. Arlen D. Allison Attn: Mr. Arlen D. Allison 10001 Six Pines Drive, Room 7056B 10001 Six Pines Drive, Room 7056B The Woodlands, TX 77380 The Woodlands, TX 77380 11. Identification of Property and Industrial District This Agreement includes provisions concerning certain real estate and tangible personal property owned or leased by the Property Owner. Real estate located outside the corporate limits of the City is sometimes referred to herein as the "affected area," and it is described in Exhibit A, which is attached to this Agreement and made a part hereof. Acting pursuant to the above mentioned authority, the City Council of the City has by ordinance, designated the affected area as an industrial district, the same to be known as Baytown Industrial District No. 2 (the "Industrial District "). III. "term The term of this Agreement is seven tax years, from 2010 through 2016, unless it is sooner terminated under the provisions hereof. This Agreement shall be effective and binding on the parties hereto upon execution hereof on behalf of the parties to this Agreement and shall remain in effect for seven years. This Agreement supersedes any prior existing agreements between the Property Owner and the City relating to the subject matter hereof and governing the affected area; to the extent any such prior existing agreement required payment on or after January 1, 2010, 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 guarantees for the term of this Agreement the immunity of the affected area from annexation of any type by the City except for such parts of the affected property as may be necessary to annex property owned by third parties within the Industrial District that the City may decide to annex. Additionally, this Agreement shall not affect the continuation of any limited purpose annexation status to which the affected area is now subject. V. Industrial District Payment As part of the consideration for the City's undertakings as set forth above, the Property Owner agrees to pay to the City on or before December 31" of each year during the term hereof a sum of money equal to: (l) 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 ;w on January 1, 2002, on January 1, 2009, or as most recently certified by the chief appraiser of the appraisal district and/or approved by the Industrial Appraisal Review Board established and appointed by the City Council, as of the date of this Agreement, whichever is greater hereinafter referred to as the "Base Year." Such fair market value for the Base Year is agreed to and stipulated by the parties to be FOUR HUNDRED EIGHT MILLION NINE HUNDRED FORTY -SIX THOUSAND THREE HUNDRED SEVENTY AND NO /100 DOLLARS ($408,946,370.00) 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 (2) the property tax rate per $100.00 of assessed valuation adopted by the City Council for the City, multiplied by the applicable Yearly Payment Rate as detailed below. 2 The applicable Yearly Payment Rate is the sum of the Industrial District Payment Rate plus the Public Community Improvement Rate and shall be determined using the following chart: Vl. 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 Prosy Inside the Corporate Limits but Subsequently Disannexed ` Land, improvements and tangible property, real or mixed, of the Property Owner, which is dsannexed from the corporate limits of the City during the term of this Agreement, shall become part of the affected area immediately upon disannexation. The value for such land, improvements INDUSTRIAL PUBLIC YEARLY TAX YEAR DISTRICT COMMUNITY PAYMENT PAYMENT RATE 1WROV RATE EMENT 2010 .61 .01 .62 2011 .62 .01 .63 2012 .62 .01 .63 2013 .63 .01 .64 2014 .63 .01 .64 2015 .63 .01 .64 2016 .64 .01 .65 Vl. 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 Prosy Inside the Corporate Limits but Subsequently Disannexed ` Land, improvements and tangible property, real or mixed, of the Property Owner, which is dsannexed from the corporate limits of the City during the term of this Agreement, shall become part of the affected area immediately upon disannexation. The value for such land, improvements and tangible property, real or mixed, shall be based upon the appraised value for the Base Year, as finally determined by the Harris County Appraisal District or its legal successor (or through administrative or judicial appeal of the Hams County Appraisal District's determination) and shall be added to the Base Year Value specified in Article V for purposes of payment hereunder on January l of the year the same is disannexed. B. Valuation of Property Outside the Corporate Limits The parties hereto recognize that said Harris 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 Harris County Appraisal District (or through administrative or judicial appeal of the Hams 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 Hams County 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 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 XIV 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. 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 4 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 Harris 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 Hams 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 5 governmental entities. Nothing in this Agreement is intended to limit the City's right and authority to communicate its interest in, or opposition to, those activities to the applicable regulatory agencies or to participate, to the extent allowed by law, in any related administrative or judicial proceeding. VIII. Inspections The Chief Appraiser of the Harris County Appraisal District and the City or its independent appraiser shall have the same right to enter and inspect the Property Owner's premises and the same right to examine the Property Owner's books and records to determine the value of the Property Owner's properties as are provided in the Texas Property Tax Code as amended. IX. Public Community Improvement The Property Owner may apply to the City for reimbursement for a Public Community Improvement Project designed to further the public community improvement goals of the City of Baytown. Such project, the duration of the project, and the location thereof must be approved in writing by the City Manager of the City based upon the public community improvement goals of the City in effect at the time of the application. The Public Community Improvement Project must be completed prior to the expiration of the Agreement year during which it is approved to be eligible for reimbursement, except if it is approved as a multi -year project. The Public Community Improvement Project may be for multiple years; however, in order to be eligible for reimbursement in accordance with this article, it must be completed prior to the expiration or termination of this Agreement. Further, the project may be constructed on the Property Owner's property; provided that the project is visible from and enhances a public way or other public property. Any reimbursement under this article shall be subject to the City Manager's determination that the completed Public Community Improvement Project meets or exceeds those improvement efforts proposed and approved prior to the start of the project. Reimbursement may not exceed the amount the Property Owner will pay to the City based solely upon the Public Community Improvement Rate established in Article V hereof during the term of this Agreement. It is expressly understood and agreed that in any year during the term of this Agreement, the Property Owner shall not submit a request for reimbursement which exceeds the amount the Property Owner has paid to the City based solely upon the Public Community Improvement Rate established in Article V hereof. if the Property Owner fails to receive the City Manager's approval of a Public Community Improvement Project prior to the expiration of an Agreement year, the Property Owner will have no claim to the monies paid to the City based upon the Public Community Improvement Rate and the City shall use such funds for a project consistent with the City's public community improvement goals. X. 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 6 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 termination. In the event of termination, the City shall have the right to repeal the ordinance designating the affected area as an industrial district. Provided, however, if the termination occurs as a result of the City's exercising its option to terminate (as provided in the first sentence of this Section X), 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. XI. 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. XII. No Further Expansion of Taxing Jurisdiction Nothing herein contained shall be construed to change or enlarge the jurisdiction, power or authority of the City over or with respect to the affected area as prescribed by applicable law, except as specifically provided in this Agreement. The Property Owner shall not be obligated by virtue of this Agreement, or the establishment of the industrial district covering the affected area not within the corporate limits of the City, to make any payments to the City in the nature of a tax or assessment based upon the value of the Property Owner's property in the affected area during the term of this Agreement other than the payments specified herein. Specifically, the Property Owner 7 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. XIII. 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. XIV. Declaratory Judgment Action If any disagreement arises between the parties conceming 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. XV. 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. XVI. Authority The Property Owner covenants that it has the authority to enter into this Agreement by virtue of being either the legal or equitable owner of a possessory estate (including a leasehold estate) in the land comprising the affected area, which will not terminate before the expiration date 8 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. XVII. 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. XVIII. Severability If any provision of this Agreement, or any covenant, obligation or agreement contained herein, including, without limitation, that term hereof, is determined by a court to be invalidated or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to comply with applicable law. If it is not possible to so reform such provision, covenant, obligation or agreement, such determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if the invalid or unenforceable portion were not contained herein. Provided, further that such invalidity or unenforceability shall not affect any valid and enforceable provision thereof, and each such provision, covenant, obligation or agreement shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. Notwithstanding the above, if the application of this Section XVIII 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. XIX. 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. XX. 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. 9 XXI. Ambiggities 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. XXII. ead' 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. XX11I. 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. XXIV. Agreement Read The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. IN WITNESS WHEREOF, this Agreement is executed in multiple counterparts on behalf of the Property Owner this day of , 2010, and on behalf of the City this day of , 2010. \N -+K ss A--F— -T: 10 CHEVRON PHILLIPS CHEMICAL COMPANY LP By: '14 P , L A,i«, D, 40,.,..A Printed Name Title CITY OF BAYTOWN STEPHEN H. DONCARLOS, Mayor ATTEST: LETICIA GARZA, City Clerk APPROVED AS TO FORM: I NAC 0 RAMIREZ, SR., City Attorney CYRTMA PEARS N, Finance director ftobsrv1\Lega11=cm\K4y Docwnemsl Contacts\[ DAThevronl 'hillipsClumicWIDARcne%vol2010 .doe I1 TRACT 1 DESCRIPTION OF A 916.599 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A4 AND THE GEORGE ELLIS SURVEY, A -21. HARRIS COUNTY, TEXAS Being a tract of land containing 916.599 acres out of the William Bloodgood Survey, A4 and the George Ellis Survey. A -21, Hams County, Texas. Said 916.599 - acre tract being more particularly described by metes and bounds as follows: BEGINNING at a iron rod found at the intersection of the west right -of -way line of Sjolander Road (width varies) with the north right -of -way line of Interstate Highway 10 (width varies) and being the southwest corner of said tract herein described; THENCE North 13 056'51" West with the east right -of way of said Sjolander Road and with an east line of said tract herein described, a distance of 4,303.66 feet to an angle point; THENCE North 21 °57'49" East with a northwest line of said tract herein described, a distance of 870.71 feet to an angle point; THENCE North 80 030'50" East with a north line of said tract herein described, a distance of 4,005.48 feet to an iron rod found for an interior comer of said tract herein described; THENCE North 09013'10" West with a west line of said tract herein described, a distance of 1.877.46 feet to an angle point of said tract herein described and in the old alignment of Cedar Bayou; THENCE with the meanders of the old alignment of said Cedar Bayou as follows: South 83 °56'31" East, a distance of 301.96 feet; South 01 ° 15'20" West, a distance of 153.98 feet; South 45014'40" East, a distance of 462.00 feet; North 21 015'20" East, a distance of 370.00 feet; North 89° 15'20" East, a distance o(21 1.00 feet; South 40 047'40" East, a distance of 226.50 feet; South 24 059'20" West, a distance of 264.00 feet; South 53 044'40" East, a distance of 554.00 feet; North 36 049'46" East, a distance of 564.54 feet to an angle point in a north line of said tract herein described and in the new alignment of said Cedar Bayou; THENCE with the meanders of the new alignment of said Cedar Bayou as follows: South 67 °49'31" East, a distance of 1,241.85 feet; South 65 °44'36" East, a distance of 601.27 feet; South 71 °25'35" East, a distance of 435.63 feet to an interior comer of said tract herein described; THENCE North 15 021'33" East with a northwest line of said tract herein described, a distance of 482.64 feet to an angle point; THENCE North 80 034'05" East with a north line of said tract herein described, a distance of 1,475.97 feet to the centerline of a Houston Lighting & Power Company casement (340 feet wide); THENCE South 43 °23'38" East with the centerline of said Houston Lighting & Power Company easement. a distance of 311.02 feet to an angle point; THENCE South 10 °50'44" West with an cast line of said tract herein described. a distance of 544.27 feel to an angle point; Exhibit "A" 1741011 IA. .. :,.,, . THENCE South 30P49'13" West with a southeast line of said tract herein described, a distance of 482.16 feet to an angle point, located in the old alignment of said Cedar Bayou; THENCE with the meanders of the old alignment of said Cedar Bayou as follows: South 61 145'54" East, a distance of 416.99 feet; South 25 °09'56" East, a distance of 253.25 feet; South 62 029'56" East, a distance of 107.31 feet to an angle point in the east line of said tract herein described and in the northwest right -of -way of the Southern Pacific Railroad (100 feet wide); THENCE South 28 °00'04" West with the northwest line of said Southern Pacific Railroad, a distance of 2,544.60 feet to the southeast corner of said tract herein described. located in the north right -of -way of said Interstate Highway 10; THENCE North 87 °16'10" West with the north right -of -way of said Interstate Highway 10, a distance of 386.14 feet to the beginning of a curve to the left; THENCE in a southwesterly direction with the northwest right- of-way line of said Interstate Highway 10 and with a line of a curve to the left having a radius = 3,274.04 feet, central angle = 28 049'00 ", a chord bearing = South 78 °19'20" West and a chord distance of 1,629.36 feet for a curve length of 1,646.66 feet to the end of said curve; THENCE South 64 007'32" West with the northwest right -of -way of said Interstate Highway 10, a distance of 5,882.75 feet to an angle point; THENCE South 73 °57'50" West with the northwest right -of -way of said Interstate Highway 10, a distance of 351.00 feet to an angle point; THENCE South 62 039'50" West with the north right -of -way of said Interstate Highway 10, a distance of 59.70 feet to the POINT OF BEGINNING and containing 916.599 acres of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM1001 (1442 -051) Date: 08/08/08 Exhibit "A" cu1001- TAM -1Ia. "2MI TRACT 2 DESCRIPTION OF A 103.633 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY. TEXAS Being a tract of land containing 103.633 acres out of the William Bloodgood Survey, A -4. Hams County, Texas. Said 103.633 -acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest comer of a 13.167 -acre tract of land conveyed to Chevron Chemical Company, LLC and the southwest comer of said tract herein described; THENCE North 09 027'48" West with the west line of said 13.167 -acre tract, a distance of 1,222.60 feet to an angle point; THENCE South 47020'52" East with a northeast line of said 13.167 -acre tract, a distance of 44.72 feet to an angle point; THENCE North 30 056'26" East with the northwest line of a 2.80 -acre tract, a distance of 697.40 feet to an angle point, located in the old alignment of Cedar Bayou; THENCE with the meanders of the old alignment of said Cedar Bayou as follows: South 58 °22'27" East, a distance of 101.09 feet; South 51 °37'25" East, a distance of 94.81 feet; South 74015'09" East, a distance of 168.33 feet; North 87 023'23" East, a distance of 94.65 feet; North 60 °34'21" East, a distance of 129.01 feet; North 46 °34'39" East, a distance of 243.89 feet; North 22 °57'45" East, a distance of 299.83 feet; North 55°21'26' East, a distance of 417.94 feet; North 63 °01'01" East, a distance of 225.39 feet; North 40014'16" East, a distance of 40.85 feet; North 08019'57" East, a distance of 78.74 feet; North 28 °37'21" West, a distance of 116.98 feet; North 16 °23' 1 I" West, a distance of 224.79 feet. North 12 040'55" East, a distance of 76.28 feet. North 84035'15" East, a distance of 194.87 feet; North 77°27'30" East, a distance of 184.19 feet to an angle point for the northeast comer of said tract herein described; THENCE South 09113'10" East with an east line of said tract herein described, a distance of 1,335.24 feet to an angle point; THENCE South 53 059'25" East with a northeast line of said tract herein described, a distance of 170.39 feet to an angle point; THENCE South 09 °l3' 10" East with an cast line of said tract herein described, a distance of 1,221.85 feet to the southeast comer of said tract herein described; THENCE South 80 °30'50" West with the south line of said tract herein described, a distance of 2,448.48 feet to the POINT OF BEGINNING and containing 103.633 acres of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/0 &08 Exhibit "A" 041-0 INA4IIA. w:.. TRACT 3 DESCRIPTION OF A 16.035 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY, TEXAS Being a tract of land containing 16.035 acres out of the William Bloodgood Survey, A -4, Harris County, Texas, Said 16.035 -acre tract being more particularly described by metes and bounds as follows. BEGINNING at the intersection point of the north right -of -way line of Interstate Highway 10 (width varies) with the southeast right -of -way line of the South Pacific Railroad (100 feet wide) and being the southwest comer of said tract herein described; THENCE North 28 000'04" East with the southeast right -of -way line of said Southern Pacific Railroad, a distance of 428.67 feet to an angle point of said tract herein described; THENCE North 80021'25" East with the north line of said tract herein described, a distance of 1,201.58 feet to an angle point, located in the old alignment of Cedar Bayou; THENCE with the meanders of the old alignment of said Cedar Bayou as follows: South 09 °39' 10" East, a distance of 46.00 feet; South 79 °38'50" West, a distance of 66.20 feet; South 59 °35'50" West, a distance of 58.64 feet; South 00 °43'50" West, a distance of 167.95 feet; South 50 °56' 10" East, a distance of 143.70 feet; South 76 °14' 10" East, a distance of 149.55 feet; South 73 °44' 10" East, a distance of 158.85 feet; South 21 °02' 10" East, a distance of 58.36 feet; South 21 °50'50" West, a distance of 64.47 feet; South 51 °23'50" West, a distance of 181.78 feet to the north right -of- -way line of said Interstate Highway 10, being the southeast comer of said tract herein described; THENCE North 87 016110" West with the north right -of -way line of said Interstate Highway 10, a distance of 1,541.71 feet to the POINT OF BEGINNING and containing 16.035 acres of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/08/08 Exhibit "A" cut.-I IRACT ,,,....W.. TRACT 4 DESCRIPTION OF A 16.503 -ACRE TRACT OF LAND AMN t OUT OF THE GEORGE ELLIS LEAGUE, A -21, AND THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a tract of land containing 16.503 acre (718,890 square feet) out of the George Ellis League, A -21, and the William Bloodgood Survey, A4, Hams County, Texas. Said 16.503 -acre tract being out of a residue of a called 172.63 -acre tract of land conveyed to R.D. Burnside Ill by deed recorded under Hams County Clerk's File No. (H.C.C.F. No.), T435810, Film Code No. (F.C. No.) 522 -77 -3636 of the Official Public Records of Real Property of Harris County, Texas (O.P.R.R.P.H.C.). Said 16.503 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the ChevronPhillips Cedar Bayou Horizontal Control System) BEGINNING at a found 5/8 -inch iron rod in the westerly right -of -way line of Sjolander Road (width varies), for the southeasterly comer of said residue of a called 172.63 -acre tract and the northeasterly corner of a 226.453 -acre tract of land conveyed to 219 -1.H. 10 Ltd. as recorded under H.C.C.F. No. G350652, F.C. No. 145 -98 -1857 of the O.P.R.R.P.H.C.; THENCE North 89 031'55" West with the southerly line of said residue of a called 172.63 -acre tract, and with the northerly line of said 226.453 -acre, a distance of 1,044.26 feet to a S/8 -inch iron rod with cap stamped "WEISSER. HOUSTON" set for a southwesterly comer of said tract herein described; THENCE North 31058'05" East with a southeasterly line of a 3.9438 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under H.C.C.F. No. F119760. F.C. No. 163 -18 -1319 of the O.P.R.R.P.H.C. and with a northwesterly line of said tract herein described, a distance of 537.17 feet to a 5/8 -inch iron rod with cap stamped "WEISSER. HOUSTON" set for the southerly northwesterly corner of said tract herein described; THENCE South 89 °57'55" East with the southerly line of a 0.672782 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under H.C.C.F. No. H618484, F.C. No. 025 -88 -2190 of the O.P.R.R.P.H.C. and a northerly line of said tract herein described, a distance of 94.27 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for an interior comer of said tract herein described; THENCE North 31 °58'05" East with the southeasterly line of said 0.672782 -acre tract of land and a northwesterly line of said tract herein described, a distance of 341.40 feet to a 518 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for an interior comer of said tract herein described; THENCE North 58 °01'55" West with the northeasterly line of said 0.672782 -acre tract of land and a southwesterly line of said tract herein described, a distance of 80.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set in a southeasterly line of said 3.9438 -acre tract of land for the northerly southwesterly comer of said tract herein described; THENCE North 31 °58'05" East with a southeasterly line of said 3.9438 -acre tract of land and with a northwesterly line of said tract herein described, a distance of 362.14 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for the northerly northwesterly corner of said tract herein described; THENCE North 56 059'39" East with a southeasterly line of said 3.9438 -acre tract of land and with a northwesterly line of said tract herein described, a distance of 187.36 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for an angle point of said tract herein described; Exhibit "A" Cutoco- TRA044. &*MM THENCE North 31058'05" East with a southeasterly line of said 3.9438 -acre tract of land and with a northwesterly line of said tract herein described, a distance of 169.02 feet to a 518 -inch iron rod with cap stamped "WEISSER, HOUSTON" set in the westerly right -of -way line of said Sjolander Road for the northeasterly comer of said tract herein described; THENCE South 04 °50'41" East with the westerly right -of -way line of said Sjolander Road and with the easterly line of said tract herein described, a distance of 1,353.66 feet to the POINT OF BEGINNING and containing 16.503 acres (718,890 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -05 l ) Date: 08/08/08 Exhibit "A" 011001-TRACT I de, sr oa TRACT 5 DESCRIPTION OF A 112.400 -ACRE TRACT OF LAND OUT OF THE GEORGE ELLIS LEAGUE, A -21, HARRIS COUNTY, TEXAS Being a tract of land containing 112.400 acre (4,896,136 square feet) out of the George Ellis League, A -21, Harris County, Texas. Said 112.400 -acre tract being out of a residue of a called 172.63 -acre tract of land conveyed to R.D. Burnside lit by deed recorded under Harris County Clerk's File No. (H.C.C.F. No.), T435810, Film Code No. (F.C. No.) 522 -77 -3636 of the Official Public Records of Real Property of Harris County, Texas (O.P.R.R.P.H.C.). Said 112.400 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the ChevronPhillips Cedar Bayou Horizontal Control System) COMMENCING at a found 5/8 -inch iron rod for the southeasterly comer of said residue of a called 172.63 -acre tract, in the westerly right -of -way line of Sjolander Road (width varies) and the northeasterly comer of a 226.453 -acre tract of land conveyed to 219 -I.H. 10 Ltd., recorded under Harris County Clerk's File No. G350652, Film Code No. 145 -98 -1857 of the Official Public Records of Real Property of Harris County, Texas; THENCE North 89031'55" West with the southerly line of said residue of a called 172.63 -acre tract and with the northerly line of said 226.453 -acre, a distance of 1,138.95 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for the POINT OF BEGINNING and the southeasterly corner of said tract herein described; THENCE North 89 031'55" West with the southerly line of said residue of a called 172.63 -acre tract and with the northerly line of said 226.453 -acre and with the southerly line of said tract herein described, a distance of 1,907.73 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for the southwesterly comer of said tract herein described; THENCE North 00 003'23" East with a westerly line of said residue of a called 172.63 -acre tract, with the easterly line of Harvest Meadows Baytown as recorded under F.C. No. 532110 of the Harris County Map Records and with a westerly line of said tract herein described a distance of 1,966.22 feet to a found 1/2 -inch iron rod for the southerly northwesterly comer of said tract herein described; THENCE South 89 °07'23" East with a northerly line of said residue of a called 172.63 -acre tract, with the southerly line of a 8.84 -acre tract of land conveyed to R.D. Burnside 111 as recorded under H.C.C.F. No. 5141482, F.C. No. 510 -22 -1376 of the O.P.R.R.P.H.C., with the southerly line of a 5.0 -acre tract of land conveyed to Larry D. Havens and wife, Diana Havens as recorded under H.C.C.F. No. S174285, F.C. No. 510- 49 -3720 of the O.P.R.R.P.H.C. and with a northerly line of said tract herein described, a distance of 908.10 feet to a found 1 -inch iron pipe for the southeasterly corner of said 5.0 -acre tract of land and an interior comer of said tract herein described; THENCE North 00 052'57" East with a westerly line of said residue of a called 172.63 -acre tract, with the easterly line of said 5.0 -acre tract of land and with a westerly line of said tract herein described, a distance of 660.18 feet to a found 1 -inch iron pipe for the northeasterly corner of said 5.0 -acre tract of land and for the northerly northwesterly comer of said tract herein described; THENCE South 89 °07'03" East with a northerly line of said residue of a called 172.63 -acre tract of land and with the southerly right -of -way line of said Wallisville Road and a northerly line of said tract herein described, a distance of 59.92 feet to a found 1/2 -inch iron rod for the northerly northeasterly corner of said tract herein described; THENCE South 00 °52'57" West with an easterly line of said residue of a called 172.63 -acre tract, with the westerly line of a 3 -acre tract of land conveyed to Victoria Lyn Starett, as recorded under H.C.C.F. No. R959300, F.C. No. 508 -65 -2671 of the O.P.R.R.P.H.C. and an easterly line of said tract herein described, a distance of 660.18 feet to a found 1 -inch iron pipe for the southwesterly corner of said 3 -acre tract of land for an interior comer of said tract herein described; Exhibit "A" CM#VQ1•1U7 lbt WN" THENCE South 89 °07'23" East with a northerly line of said residue of a called 172.63 -acre tract, with the southerly line of said 3 -acre tract of land, with the southerly line of a 2.5 -acre tract of land conveyed to James Stanley Starett and wife, Judith Given Starett as recorded under H.C.C.F. No. P208545, F.C. No. 104 -57 -2665 of the O.P.R.R.P.H.C., with the southerly line of a 3 -acre tract of land conveyed to W.C. Hopper and wife, Bettie T. Hopper as recorded under H.C.C.F. No. C550082, F.C. No. 078 -30 -1184 of the O.P.R.R.P.H.C., with the southerly line of a 3 -acre tract of land conveyed to Billy Wayne Simmons and wife, Sandra Lou Simmons as recorded under H.C.C.F. No. C372509, F.C. No. 068 -21 -0027 of the O.P.R.R.P.H.C., with the southerly line of a 2 -acre tract of land conveyed to Edwin A. Sheffield and wife, Dorothy Lois Sheffield as recorded under H.C.C.F. No. C966000, F.C. No. 108 -26 -1013 of the O.P.RR.P.H.C., with the southerly line of a 5 -acre tract of land conveyed to James D. Heffernan and wife, Dorothy E. Heffernan as recorded under H.C.C.F. No. C369919, F.C. No. 059 -35 -0986 of the O.P.R.R.P.H.C., with the southerly line of a 10 -acre tract of land conveyed to James D. Heffernan and wife, Dorothy E. Heffernan as recorded in Volume 3448, Page. 338 of the Harris County Deed Records and with a northerly line of said tract herein described, a distance of 1,879.20 feet to a 518 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for the southerly northeasterly comer of said tract herein described; THENCE South 00 °28'05" West with the easterly line of a 1.0894 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under H.C.C.F. No. G262504, F.C. No. 140-88 -1445 of the O.P.R.R.P.H.C. and with the easterly line of said tract herein described, a distance of 435.89 feet to a 5/8 -inch iron rod with cap stamped "WEISSER, HOUSTON" set for an angle point of said tract herein described; THENCE South 31 °58'05" West with the northwesterly line of a 3.9438 -acre tract of land conveyed to Diamond Shamrock Corporation as recorded under H.C.C.F. No. F119760, F.C. No. 163 -18 -1319 of the O.P.R.R.P.H.C. and with the southeasterly line of said tract herein described, a distance of 1,770.92 feet to the POINT OF BEGINNING and containing 112.400 acre (4,896,136 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -05 l ) Date: 08/08/08 Exhibit "A" exim�•nuersm. wmo� TRACT 6 DESCRIPTION OF A 4.014 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY. TEXAS Being a tract of land containing 4.014 acres (174,857 square feet) out of the William Bloodgood Survey, A4, Harris County, Texas. Said 4.014 -acre tract being out of a 12.167 -acre tract of land conveyed to Tommy J. Kimmey by deed recorded under County Clerk's File No. L175389, Film Code No. 183 -27 -0287 of the Official Public Records of Real Property, Hams County, Texas. Said 4.014 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line of said 12.167 -acre tract) BEGINNING at the northwest comer of a 14.6000 -acre tract conveyed to Diamond Shamrock Corporation by deed recorded under County Clerk's File No. F028297, Film Code No. 157 -19 -1571 of the Official Public Records of Real Property, Harris County, Texas and the southwest comer of the residue of a 1 1.017 -acre tract of land conveyed to James C. Savell and Mary Ann Savell by deed recorded under County Clerk's File No. D000865, Film Code No. 110.26 -1402 of the Official Public Records of Real Property, Hams County. Texas from which a found 5/8 -inch iron rod bears North 71042'22" West, a distance of 0.29 feet; THENCE North 10 039'56" West with the east line of the residue of said 11.0 17- acre tract of land, with the west line of said 12.167 -acre tract of land and with the west line of said tract herein described, a distance of 300.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX" set for the northwest comer of said tract herein described; THENCE North 79 °15'30" East with the north line of said tract herein described, a distance of 583.59 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX" set for the northeast corner of said tract herein described and being the west line of a 13.167 -acre tract of land conveyed to David W. Kimmey by deed recorded under County Clerk's File No. L175385, Film Code No. 183 -27 -0251 of the Official Public Records of Real Property, Hams County, Texas; THENCE South 10'23'17" East with the west line of said 13.167 -acre tract of land, with the east line of said 12.167 -acre tract and with the east line of said tract herein described, a distance of 300.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO.. HOUSTON, TX" set for the southeast comer of said tract herein described; THENCE South 79 °15'30" West with the north line of said 14.6000 -acre tract, with the south line of said 12.167 -acre tract and with the south line of said tract herein described, a distance of 582.14 feet to the POINT OF BEGINNING and containing 4.014 acres (174,857 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/08/08 Exhibit "A" CMI001•TRACT64r 0"401 TRACT 7 DESCRIPTION OF A 2.066 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY, TEXAS Being a tract of land containing 2.066 acres (89,998 square feet) out of the William Bloodgood Survey, A4, Hams County, Texas. Said 2.066 -acre tract being out of a 13.167 -acre tract of land conveyed to David W. Kimmey by deed recorded under County Clerk's File No. L175385, Film Code No. 183 -27 -0251 of the Official Public Records of Real Property, Harris County, Texas. Said 2.066 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description are based on the south line of said 13.167 -acre tract) COMMENCING at the northwest corner of a 14.6000 -acre tract conveyed to Diamond Shamrock Corporation by deed recorded under County Clerk's File No. F028297, Film Code No. 157 -19 -1571 of the Official Public Records of Real Property, Harris County, Texas and the southwest corner of a 12.167 -acre tract of land conveyed to Tommy J. Kimmey by deed recorded under County Clerk's File No. L175389, Film Code No. 183 -27 -0287 of the Official Public Records of Real Property, Hands County, Texas from which a found 5/8 -inch iron rod bears North 71 042'22" West, a distance of 0.29 feet; THENCE North 79 015'30" East with the south line of said 12.167 -acre tract and with the north line of said 14.6000, a distance of 582.14 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX" set for the POINT OF BEGINNING and the southwest comer of said tract herein described and being the southwest comer of said 13.167 -acre tract of land; THENCE North 10 023'17" West with the east line of said 12.167 -acre tract of land, with the west line of said 13.167 -acre tract of land and with the west line of said tract herein described, a distance of 300.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX" set for the northwest corner of said tract herein described; THENCE North 79 °15'30" East with the north line of said tract herein described, a distance of 300.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX" set for the northeast comer of said tract herein described and being the west line of a 13.156 -acre tract of land conveyed to Chevron Chemical Company, L.L.C. by deed recorded under County Clerk's File No. S988534, Film Code No. 518 -25 -3840 of the Official Public Records of Real Property, Harris County, Texas; THENCE South 10 °23'17" East with the west line of said 13.156 -acre tract of land, with the east line of said 13.167 -acre tract and with the east line of said tract herein described, a distance of 300.00 feet to a 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX" set for the southeast comer of said tract herein described; THENCE South 79 °15'30" West with the north line of said 14.6000 -acre tract, with the south line of said 13.167 -acre tract and with the south line of said tract herein described, a distance of 300.00 feet to the POINT OF BEGINNING and containing 2.066 acres (89,993 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -05 l ) Date: 08/08/08 Exhibit "A" CL{u,•7RAf774. 002401 TRACT 8 DESCRIPTION OF A 149.829 -ACRE (6,526,536 SQ. FT.) TRACT OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, A -2l AND IN THE WILLIA{NI BLOODGOOD SURVEY, A4, HARRIS COUNTY AND CHAMBERS COUNTY, TEXAS Being a 159.829 -acre (6,962,136 square foot) (gross) tract of land less save and except a 10.000 - acre (435,600 square foot) tract of land as described below. Said 159.829 -acre tract being situated in the George Ellis Survey, A -21 and the William Bloodgood survey, A4, Hams County Chambers County, Texas. Said 159.829 -acre tract being out of and part of a called 261.275 -acre tract of land conveyed to DGAJA. LTD. as recorded under Harris County Clerk's File Number 8859902, Film Code Number 507 - 79.3670 of the Official Public Records of Real Property of Harris County, Texas. Said 159.829 -acre tract being more particularly described by metes and bounds as follows: bearings called in the following description are based on the Chevron Phillips Cedar Bayou Horizontal Control System BEGINNING at a 518 -inch iron rod found in the north right -of -way line of Wallisville Road right -of -way width varies, for the southeast corner of a called 1.0716 -acre tract of land conveyed to Paul Lee Hinton as recorded under Harris County Clerk's File Number L331460, Film Code Number 192.26 -2110 of the Official Public Records of Real Property, Harris County, Texas and for a southwest comer of said tract herein described; THENCE North 00 010'23" East, with an east line of the said 1.0716 —acre tract, with the cast line of a called 2.9284 -acre tract of land conveyed to Paul A. Hinton as recorded under Hams County Clerk's File Number Y290961, Film Code Number 002 -15 -1785 of the Official Public Records of Real Property, Hams County, Texas and with a west line of said tract herein described, a distance of 1019.26 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set, for the southwest comer of Reserve "A" "Water Plant Site" of Hunters Village Subdivision as recorded under Film Code Number 428062 of the Map Records of Hams County, Texas, and for a northwest comer of said tract herein described; THENCE South 89 147'22" East, with the south line of said Reserve "A" and a north line of said tract herein described, a distance of 310.00 feet to a 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX" set, for the southeast comer of said Reserve "A ", and for an interior corner of said tract herein described; THENCE North 00010'23" East, with an cast line of said Reserve "A" and a west line of said tract herein described, a distance of 6.59 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set, for a northwest comer of said tract herein described; THENCE North 54 °37'32" East, over and across said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 795.69 feet to a 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set, for an angle point of the said tract herein described; THENCE North SI 043'14" East, over and across said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 1401.37 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG.. HOUSTON, TX" set for a north comer of said tract herein described; THENCE South 68° 51' 04" East, over and across said 261.275 -acre tract and with a northeast line of said tract herein described, a distance of 506.38 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON. TX." set for an interior comer of said tract herein described; THENCE North 52° 00' 25" East, over and across said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 730.63 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG.. HOUSTON, TX.* set for an interior comer of said tract herein described; THENCE North 680 51' 04" West, over and across said 261.275 -acre tract and with a southwest line of said tract herein described, a distance of 580.31 fat to a point in the centerline of Cedar Bayou for a west corner of said tract herein described; THENCE with the meanders of the centerline of said Cedar Bayou and the Harris - Chambers counties line the following courses and distances; Exhibit "A" North 51 °43'14" East, a distance of 141.48 feet for an angle point of said tract herein described; North 7101713" East, a distance of 107.64 feet for an angle point of said tract herein described; South 80 °44'20" East, a distance of 34.94 feet for an angle point of said tract herein described; South 48 °25'52" East, a distance of 192.07 feet for an angle point of said tract herein described; South 83 °35'57" East, a distance of 376.96 feet for an angle point of said tract herein described; North 78°34'46" East, a distance of 190.66 feet for an angle point of said tract herein described; South 49 °48'44" East, a distance of 220.87 feet for an angle point of said tract herein described; North 75 046'22" East, a distance of 55.38 feet for an angle point of said tract herein described; THENCE North 27 °04'45" East, at a distance of 149.34 feet pass the southwesterly line of Cedar Bayou Channel and the southwesterly line of Harris County Flood Control District Easement as recorded in Volume 2245, Page 24, Volume 2245, Page 61, and Volume 2294, Page 320 of the Dced Records of Harris County, Texas, continuing for a total distance of 240.52 feet for an angle point; THENCE North 23 °06'32" East, with the meander of said Cedar Bayou and the county line, at a distance of 30.22 feet pass the centerline of said Cedar Bayou channel, at 155.77 feet pass the north right -of -way line of said Cedar Bayou Channel and the north line of said Harris County Flood Control District Easement, continuing for a total distance of 246.15 feet for an angle point; THENCE continuing with the meander of said Cedar Bayou and the Harris - Chambers counties line the following courses and distances: North 27 000'39" East, a distance of 299.92 feet for an angle point of said tract herein described; North 12 °26'04" West, a distance of 207.78 feet for an angle point of said tract herein described; South 73 °38'45" East, a distance of 277.34 feet for an angle point of said tract herein described; South 87 °57'52" East, a distance of 255.09 feet for an angle point of said tract herein described; South 10 °17'10" East, a distance of 537.47 feet for an angle point of said tract herein described; South 30 946'00" East, a distance of 96.50 feet for an angle point of said tract herein described; South 20 °52'57" West, a distance of 335.40 feet for an angle point of said tract herein described; South 45 022'00" West, a distance of 311.01 feet for an angle point of said tract herein described; THENCE South 20 006'53" West, at a distance of 77.88 feet pass the aforementioned north right - of -way line of said Cedar Bayou Channel and Harris County Flood Control District Easement line, at 209.06 feet pass the centerline of Cedar Bayou Channel, at 340.24 feet pass the south line of said Cedar Bayou Channel and Harris County Flood Control District Easement, continuing for a total distance of 401.09 feet for an angle point in the centerline of said Cedar Bayou and the common county line; THENCE continuing with the meander line of said Cedar Bayou and the Hams - Chambers Counties line the following courses and distances: South 52 °42'00" West, a distance of 137.07 feet for an angle point of said tract herein described; South 52°19'12" West, a distance of 72.82 feet for an angle point of said tract herein described; South 87 °34'38" West, a distance of 104.23 feet for a point for comer of the tract herein described; South 85 °42' 17" West, a distance of 64.76 feet for an angle point of said tract herein described; South 71 °34'37" West, a distance of 27.40 feet for an angle point of said tract herein described. Exhibit "A" CM1001 -MACT IOU MMU THENCE North 57027'27" West, leaving the centerline of said Cedar Bayou, over and across the said called 261.275 -acre tract, at a distance of 100.00 feet pass the northwesterly line of a 100 foot wide Hams County Flood Control District Easement as described by deed recorded in Volume 1746, Page 635, Volume 1746, Page 637, and Volume 1750, Page 673 of the Harris County Deed Records, continuing for a total distance of 242.49 feet to a 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX" set for an interior comer of said tract herein described, and lying in the southeasterly line of a Diamond Shamrock right -of -way casement as recorded under Harris County Clerk's File Number J 140987, Film Code Number 058 - 98.0970 of the Official Public Records of Real Property, Harris County, Texas, THENCE South 59 °56'46" West, with the southeasterly line of said Diamond Shamrock right -of- way easement, over and across the said called 261.275 -acre tract, distance of 210.67 feet to a 5/8- inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior comer of said tract herein described, and lying in the southeasterly line of said Diamond Shamrock right - of -way easement; THENCE South 32006'36' West, continuing with the southeasterly line of said Diamond Shamrock right-of-way easement, over and across the said called 261.275 -acre tract, distance of 708.37 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior comer of said tract herein described, and lying in the southeasterly line of said Diamond Shamrock right -of -way casement; THENCE South 48 °45'50" East, leaving the southeasterly line of said Diamond Shamrock right - of -way easement, over and across the said called 261.275 -acre tract, distance of 307.51 feet to a point in the centerline of said Cedar Bayou for comer of the tract herein described, and being in a west line of a called 5.00 -acre tract of land conveyed to ChevronPhillips Chemical Company as recorded under Harris County Clerk's File Number X290799, Film Code Number 580 - 12.0918 of the Official Public Records of Real Property of Hams County, Texas; THENCE South 64 026' 11" West, with the meander line of said Cedar Bayou, a distance of 33.41 feet to a point in the centerline of said Cedar Bayou, for a comer of the tract herein described, and being the southwest comer of the said 5.00 -acre tract; THENCE with the meander line of said Cedar Bayou, being the east line of the tract herein described and the west line of a 60 foot wide ingress and egress casement as described by deed recorded under Harris County Clerk's File Number L695298, Film Code Number 118.68.2255 of the Official Public Records of Real Property, Harris County, Texas the following courses and distances and west line of a called 13.167 -acre tract of land conveyed to David W. Kimmey as recorded under Hams County Clerk's File Number L175385, Film Code Number 183 - 27.0251 of the Official Public Records of Real Property, Hams County, Texas and a called 12.167 -acre tract of land conveyed to Tommy J. Kimmey as recorded under Harris County Clerk's File Number 1-175389, Film Code Number 183 -27 -0287 of the Official Public Records of Real Property, Harris County, Texas: South 46 °11'06' West, a distance of 155.24 feet for an angle point of said tract herein described; South 73 °32'50" West, a distance of 60.41 feet for an angle point of said tract herein described; South 57 °23'09" West, a distance of 240.93 feet for an angle point of said tract herein described; South 34 °51'49" West, a distance of 223.67 feet far an angle point of said tract herein described; South 34 °01' 10" West, a distance of 258.16 feet for an angle point of said tract herein described; South 26 °52'36" West, a distance of 99.57 feet for an angle point of said tract herein described; South 53 °15'38" West, a distance of 238.92 feet for an angle point of said tract herein described; South 35 °07'11" West, a distance of 160.79 feet for an angle point of said tract herein described; South 52 °08'00" West, a distance of 115.79 feet for an angle point of said tract herein described; THENCE North 89 006'32" West, with the southerly line of said tract herein described and a northerly line of the said 60 -foot wide ingress and egress easement, a distance of 229.03 feet to a AmN 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for a southeast corner of said tract herein described and a called 4.00 -acre tract of land conveyed to DGAJA. LTD. recorded information unknown; Exhibit "A" THENCE North 31140' 09" East, over and across said 261.275 -acre tract and with a southeast line of said tract herein described, a distance of 410.61 feet to a 1/2 -inch iron rod found with cap stamped "Henickc" for an interior comer of said tract herein described; THENCE North 89° 06' 38" West, over and across said 261.275 -acre tract, with a north line of said 4.00 -acre tract and with a south line of said tract herein described, a distance of 615.98 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX." set for an interior comer of said tract herein described; THENCE South 04° 35' 47" East over and across said 261.275 -acre tract, with a west line of said 4.00 -acre tract and with an cast line of said tract herein described, a distance of 354.39 feet to a 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set in a north line of said 60 foot wide ingress and egress easement; THENCE North 89 006'32" West, with a north line of said 60 foot wide ingress and egress easement at 110.62 feet pass the northwest intersection of Wallisville Road 70 feet wide and Sjolander Road 60 feet wide, continuing for a total distance of 200.95 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the southeast corner of a called 2.0000 -acre tract conveyed to Expansion Properties, Inc. by deed recorded under Harris Counry Clerk's File Number X682517. Film Code Number 587.45 -2192 of the Official Public Records of Real Property of Harris County, Texas and for a southwest comer of said tract herein described; THENCE North 05 021'04" West, with an east line of the said called 2.0000 -acre tract and with an interior line of said tract herein described;, a distance of 454.01 feet to a to 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an angle point of the called 2.000 - acre tract of land and for an angle point of said tract herein described; THENCE North 000 1615" East, with an east line of the said called 2.0000 -acre tract and with an interior line of said tract herein described, a distance of 140A I feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the northeast corner of said 2.000 -acre tract of land and for an interior comer of said tract herein described; THENCE North 88 046'03" West, with the north line of the said called 2.000D -acre tract and with an interior line of said tract herein described, a distance of 152.45 feet to a 518 -inch iron rod with cap stamped "WEISSER ENO., HOUSTON, TX." set for the northwest corner of said 2.000 -acre tract of land and for an interior comer of said tract herein described; THENCE South 04 °01'01" East, with the west line of the said called 2.0000 -acre tract and with an interior line of said tract herein described, a distance of 594.81 feet to a 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON. TX." set in the north right -of -way line of said Wallisville Road, for the southwest comer of said 2.0000 -acre tract of land and for a southeast comer of said tract herein described; THENCE North 89 00612" West with the north right -of -way line of said Wallisville Road and with a south line of the tract herein described, a distance of 1285.81 feet to the POINT OF BEGINNING and containing 159.829 acres (6,962,136 square feet) (gross) less save and except 10.000 acres (435,600 square feet) (described below) leaving a net acreage of 149.829 (6,526,536 square feet) of land. SAVE AND EXCEPT as follows: Being a 10.000 -acre (435,600 square foot) tract of land situated in the William Bloodgood Survey, A-4, Harris County, Texas. Said 10.000 -acre tract being more particularly described by metes and bounds as follows: bearings called in the following description are based on the Chevron Phillips Cedar Bayou Horizontal Control System COMMENCING at a 5/8 -inch iron rod found in rite north right -of -way line of Wallisville Road right -of -way width varies, for the southeast comer of a called 1.0716 -acre tract of land conveyed to Paul Lee Hinton as recorded under Hams County Clerk's File Number L331460, Film Code Number 192-26-2110 of the Official Public Records of Real Property, Harris County, Texas and for a southwest comer of a called 261.275 -acre tract of land conveyed to DGAJA. LTD. as recorded under Harris County Clerk's File Number 8859902, Film Code Number 507.79.3670 of the Official Public Records of Real Property of Harris County, Texas THENCE South 89 °06'32" East, with the north right -of -way line of said Wallisville Road and the south line of the said 261.275 -acre tract, a distance of 1514.49 feet to a point in the north right -of way line of Wallisville Road, the south line of said called 261.275 -acre tract, the east line of the G. Ellis Survey, A -21 and the west line of the William Bloodgood Survey, A- 4; Exhibit "A" c111w1.1ufts" ItNn. THENCE North 00'37'10" East, over and across the said 261.275 -acre tract, with the cast line of the G. Ellis Survey, A -21 and with the west line of the William Bloodgood Survey. A- 4, a distance of 1101.07 fat to a point; THENCE Eau, leaving the cast line of said G. Ellis Survey, A -21 and west line of said William Bloodgood Survey, A- 4, over and across the said 261.275 -acre tract, a distance of 26413 feet to a 1/2 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the POINT OF BEGINNING and the most southwest corner of the said tract herein described; THENCE North 03 °21' l0" East, over and across said 261.27 1 -acre tract, and with a west line of the said tract herein described, a distance of 564.70 feet to a 1/2-inch iron rod with cap stamped "WEISSER ENG.. HOUSTON, TX" set for the northwest comer of said tract herein described; THENCE South 86 °38'50" East, over and across said 261.271 -acre tract, and with the north line of the said tract herein described, a distance of 660.000 feet to a 1/2 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX:' set for the northeast comer of said tract herein described; THENCE South 03°21' 10" West, over and across said 261.271 -acre tract, and with the cast line of the said tract herein described, a distance of 691.75 feet to a 1/2 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the southeast corner of said tract herein described; THENCE North 86 038'50" West, over and across said 261.271 -acre tract, and with a south line of the said tract herein described, a distance of 495.07 feet to a 1/2 -inch iron rod with cup stamped "WEISSER ENG., HOUSTON, TX." set for a comer of said tract herein described; THENCE North 03021'10" East, over and across said 261.271 -acre tract, and with a west line of the said tract herein described, a distance of 127.05 feet to a 1/2 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for an interior comer of said tract herein described; THENCE North 86 038'50" West, over and across said 261.271 -acre tract, and with south line of the said tract herein described, a distance of 164.93 feet to the POINT OF BEGMING and containing 10.000 acres (435,600 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 1442 -051 Date: 08108/08 Exhibit "A" CM1001.MAfi149 6V:M DESCRIPTION OF A 9.872 -ACRE (430,043 SQ. FT.) TRACT OF LAND SITUATED IN THE GEORGE ELLIS SURVEY, A -21 AND IN THE WILLIAM BLOODGOOD SURVEY, A4, HARRIS COUNTY, TEXAS Being a 9.872 -acre (430,043 square foot) tract of land situated in the George Ellis Survey, A -21 and the William Bloodgood Survey, A-1, Hams County, Texas. Said 9.872 -acre tract being out of and part of a called 261.275 -acre tract of land conveyed to DGAJA, LTD. as recorded under Harris County Clerk's File Number R859902, Film Code Number 507 -79 -3670 of the Official Public Records of Real Property of Hams County, Texas. Said 9.872 -acre tract being more particularly described by metes and bounds as follows: (bearings called in the following description arc based on the Chevron Phillips Cedar Bayou Horizontal Control Systcm) BEGINNING at a 518 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set in the south line of a called 9.3462 -acre tract of land conveyed to Quantum Chemical Corp. as recorded under Hams County Clerk's File Number N066579 of the Official Public Records of Real Property, Harris County, Texas, for the north comer of Reserve "B" of Hunters Village as recorded under Film Code Number 428062 of the Map Records of Harris County, Texas and for the northwest comer of said tract herein described; THENCE South 89° 24' 06" East, with the south line of said 9.3462 -acre tract and with the north line of said tract herein described, a distance of 1473.32 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set for the northeast comer of said tract herein described; THENCE South 51 ° 43' 14" West, over and across said 261.275 -acre tract and with the southeast line of said tract herein described, a distance of 1041.82 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG., HOUSTON, TX." set in the northeast line of said Reserve "B" for the south comer of said tract herein described, said point being on a non - tangent curve to the left; THENCE in a northwesterly direction along said curve to the left, an art: length of 950.18 feet to the POINT OF BEGINNING and containing 9.872 acres (430,043 square feet) of land, said curve having a radius of 1350.00 feet, a central angle of 40° 19' 37 a chord bearing of North 44° 45' 56" West and a chord length of 930.69 feet. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001(1442.05 I ) Date: 08/088108 Exhibit "A" Ct110J1ilA(?•4,1 tvjpW TRACT 10 DESCRIPTION OF A 15.001 -ACRE TRACT OF LAND OUT OF THE GEORGE ELLIS LEAGUE, A -21 AND THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a tract of land containing 15.001 acres (653,449 square feet) out of the George Ellis League, A -21 and the William Bloodgoad Survey, A-4, Harris County, Texas. Said 15.001 -acre tract being all of a 10 -acre tract of land conveyed to Dorothy Heffernan Marital Trust by deed recorded under County Clerk's File No. W679286, Film Code No. 567 -98 -1450 of the Official Public Records of Real Property, Harris County. Texas and being out of a 5 -acre tract of land conveyed to James D. Heffernan and wife, Dorothy E. Heffernan by deed recorded under County Clerk's File No. C369919, Film Code No. 059 -35 -0986 of the Official Public Records of Real Property, Hams County, Texas. Said 15.001 -acre tract being more particularly described by metes and bounds as follows: (bearing orientation in the following description are based on the ChevronPhillips Cedar Bayou Horizontal Control System) BEGINNING at a 518 -inch iron rod with cap stamped "WEISSER ENG, HOUSTON, TX" set for the southeast corner of said 10 -acre tract, for the northeast comer of a 1.0894 -acre tract of land conveyed to Diamond Shamrock Corporation by deed recorded under County Clerk's File No. G262504, Film Code No. 140.88.1445 of the Official Public Records of Real Property, Harris County, Texas and being in the west right -of -way line of Sjolander Road (width varies) and for the southeast comer of said tract herein described; THENCE North 89 007'23" West with the north line of said 1.0894 -acre tract, with the south line of said 10 -acre tract, with the south line of said 5 -acre tract and with the south line of said tract herein described, at a distance of 32.72 feet passing the cast line of the residue of a 172.63 -acre tract of land conveyed to R.D. Burnside III by decd recorded under County Clerk's File No. T435810, Film Code No. 522.77 -3636 of the Official Public Records of Real Property, Hams County, Texas and continuing for a total distance of 1021.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG, HOUSTON, TX" set for the southwest comer of said tract herein described and being the southwest comer of said 5 -acre tract and the southeast corner of a 2 -acre tract of land conveyed to Edwin A. Sheffield and wife, Dorthy Lois Sheffield by deed recorded under County Clerk's File No. C966000, Film Code No. 108 -26 -1013 of the Official Public Records of Real Property. Hams County, Texas; THENCE North 00 052'57" East with the cast line of said 2 -acre tract, with the west line of said 5- acre tract and with the west line of said tract herein described, a distance of 660.10 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG, HOUSTON, TX" set for the northwest comer of said tract herein described and being in the south right -of -way line of Wallisville Road (width varies); THENCE South 89 °07'03" East with the south right -of -way line of said Wallisville Road, with the north line of said 5 -acre tract, with the north line of said 10 -acre tract and with the north line of said tract herein described, a distance of 959.00 feet to a 5/8 -inch iron rod with cap stamped "WEISSER ENG, HOUSTON, TX" set for the northeast comer of said tract herein described; THENCE South 04 °29'03" East with the west right -of -way line of said Sjolander Road, with the cast line of said 10 -acre tract and with the east line of said tract herein described, a distance of 662.91 feet to the POINT OF BEGINNING and containing 15.001 acres (653,449 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442 -051) Date: 08/08/08 Exhibit "A" r •ewmr oOCCU�m,aurr �o ex TRACT I l DESCRIPTION OF AN 8.435 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A -4, HARRIS COUNTY, TEXAS Being a tract of land containing 8.435 acres (367,442 square feet) out of the William Bloodgood Survey. A -4, Harris County, Texas. Said 8.435 -acre tract being out of a 175.22 -acre tract conveyed to Sjolander 11 -10 North by deed recorded under County Clerk's File No. E006857, Film Code No. 169 -32 -2134 of the Official Public Records of Real Property, Hams County, Texas. Said 8.435 -acre tract being more particularly described by metes and bounds as follows: (bearings based on the southeast line of said 175.552 -acre tract) BEGINNING at the south corner of said 8.435 -acre tract and an east corner of the residue of a 261.275 -acre tract of land conveyed to DGAJA, Ltd. recorded under County Clerk's File No. R859902, Film Code No. 507 -79 -3670 of the Official Public Records of Real Properly, Harris County, Texas; THENCE North 48 045'50" West with a northeast line of the residue of said 261.275 -acre tract and with the southwest line of the tract herein described, a distance of 46.85 feet past a 314 -inch iron rod and continuing for a total distance of 307.51 feet to a 518 -inch iron rod with cap stamped "WEISSER ENO, HOUSTON, TX" set for the west comer of said tract herein described; THENCE North 32 °06'36' East with a southeast line of the residue of said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 708.37 feet to a 518 -inch iron rod with cap stamped "WEISSER ENG, HOUSTON, TX" set for an angle point of said tract herein described; THENCE North 59 °56'46" East with a southeast line of the residue of said 261.275 -acre tract and with a northwest line of said tract herein described, a distance of 210.67 feet to a 518 -inch iron rod with cap stamped "WEISSER ENG, HOUSTON, TX" set for the north comer of said tract herein described; THENCE South 57 °27'27" East with a southwest line of the residue of said 261.275 -acre tract and with a northeast line of said tract herein described, a distance of 242.49 feet to a point in the centerline of Cedar Bayou for the east comer of said tract herein described and being in the northwest line of a 35.00 -acre tract of land conveyed to Texas Eastern Transmission Corporation recorded in Volume 239, Page 195 of the Deed Records of Chambers County, Texas; THENCE South 71 °34'16" West with the centerline of Cedar Bayou, with the northwest line of said 35.00 -acre tract and with the southeast line of said tract herein described, a distance of 56.38 feet to an angle point; THENCE South 18 °26'40" West with the centerline of Cedar Bayou, with the west line of said 35.00 -acre tract and with the cast line of said tract herein described, a distance of 190.91 feet to an angle point; THENCE South 37 016'04" East with the centerline of Cedar Bayou, with the southwest line of said 35.00 -acre tract and with a northeast line of said tract herein described, a distance of 252.23 feet to a point for the east comer of said tract herein described and being in the northwest line of a 5.00 -acre tract of land conveyed to Chevron Phillips Chemical Company, LP recorded under County Clerks File No. X290799 of the Official Public Records of Real Property, Hams County, Texas; THENCE South 61 °34'16" West with the centerline of Cedar Bayou, with the northwest line of said 5.00 -acre tract and with the southeast line of said tract herein described, a distance of 502.29 feet to an angle point; Exhibit "A" it THENCE South 000 16' 17" West with the centerline of Cedar Bayou, with the west line of said 5.00 -acre tract and with the east line of said tract herein described, a distance of 76.96 feet to an angle point; THENCE South 64 °17'06' West with the northwest line of said 5.00 -acre tract and with the southeast line of said tract herein described, a distance of 142.97 feet to the POINT OF BEGINNING and containing 8.435 acres (367,442 square feet) of land. This survey is accompanied by a survey sketch of even date. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1001 (1442-05 1) Date: 08/08/08 Exhibit "A"