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Ordinance No. 11,444ORDINANCE NO. 11,444 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS. AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND TIIE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH EXEL INC., AND BAYTOWN LONG BALL, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial District Agreement with Exel Inc., and Baytown Long Ball, L.P. A copy of said Industrial District Agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the APPROVED AS TO FORM: NACIO RAMIREZ. SR.. oy Attorney "cobra 1 \1eaa1\KarcnTi1cs \City Council \Ordinances\2010\September 9iE. xel& Ba }Ito\cnLongBalllDAOrdinance.doc Exhibit "A" Industrial District Agreement This Industrial District Agreement ( "Agreement ") is made and entered into between the City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas, hereinafter also referred to as 'Baytown' or "City," Exel Inc., a Massachusetts corporation, and Baytown Long Ball, L.P., a Texas limited partnership, hereinafter referred to as "Property Owners." In consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between the City and Property Owners as follows: I. Parties This Agreement is made under the authority of Texas Local Government Code Annotated §42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable law. The parties to the Agreement and their addresses are: 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 Owners" Exel Inc. 570 Polaris Parkway, Dept. 270 Westerville, OH 43082 Attn: Real Estate Manager Tax Statement Address: Exel Inc. 570 Polaris Parkway, Dept. 270 Westerville, 011 43082 Attn: Real Estate Manager Baytown Long Ball, L.P. Baytown Long Ball, L.P. 15260 Ventura Blvd.. Suite 1 120 15260 Ventura Blvd., Suite 1120 Sherman Oaks, CA 94103 Sherman Oaks, CA 94103 Attn: George Hicker Attn: George Hicker H. Identification of Property and Industrial District This Agreement includes provisions concerning certain real estate and tangible personal property owned or leased by the Property Owners. 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. 3 (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 Owners 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. N. Limited Immunity from Annexation by the City In consideration of the obligations of the Property Owners 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 Owners agree to pay to the City on or before December 31" of each year during the term hereof a sum of money equal to: (1) the fair market value as determined by the City, of all of the Property Owners' land and all other tangible property, real, personal or mixed, within the affected area ➢ 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, 2 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 THIRTY - TWO MILLION TWO HUNDRED NINETY -ONE THOUSAND FOUR HUNDRED SIXTY AND N01100 DOLLARS ($32,291,460.00), less the fair market value in the Base Year as determined by the City of that portion of the Property Owners' 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. 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 Owners 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 Owners' 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; 3 INDUSTRIAL x CONt1VIUI�TITY YIrARLY TAX YFAR DISTRICT PAYNJENT PAYMENT RATE INIl'ROVEMENT RATE RATE 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 Owners 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 Owners' 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; 3 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 but Subsequently Disannexed Land, improvements and tangible property, real or mixed, of the Property Owners, which are disannexed from the corporate limits of the City during the term of this Agreement, shall become part of the affected area immediately upon disannexation. The value for such land, improvements and tangible property, real or mixed, 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) and shall be added to the Base Year Value specified in Article V for purposes of payment hereunder on January 1 of the year the same is disannexed. B. Valuation of Proorty 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 Owners' 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 Owners' 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 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, 4 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 Owners 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 Owners' 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 Owners' payment hereunder and the Property Owners desire to pursue any additional available remedies, the Property Owners 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 alter December 10), such amount as is provided in the Texas Property Tax Code, as amended throughout the terns 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 Owners 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 Owners; 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 Owners' 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 Owners 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 hidustrial District, and that development within the District may have an impact on the drainage of surrounding areas. To this end, the Property Owners 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 Owners agree 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 Owners' 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 Owners 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 Owners agree 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 Owners recognize that activities in the City's industrial districts arc subject to regulation by other governmental entities, including the state and federal governments and their various departments and agencies. The City and the Property Owners 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 Owners' premises and the same right to examine the Property Owners' books and records to determine the value of the Property Owners' properties as are provided in the Texas Property Tax Code as amended. IX. Public Community Improvement The Property Owners 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 Owners' 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 2 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 Owners 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 Owners shall not submit a request for reimbursement which exceeds the amount the Property Owners have paid to the City based solely upon the Public Community Improvement Rate established in Article V hereof. If the Property Owners fail to receive the City Manager's approval of a Public Community Improvement Project prior to the expiration of an Agreement year, the Property Owners 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 Owners In the event of default by the Property Owners 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 Owners 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 Owners are in default according to the terms and conditions of Section VII hereof, the City shall notify the Property Owners 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 Owners' 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 Owners 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 Owners and the City shall be relieved of all further obligations hereunder, but the Property Owners 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 7 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 Owners' last payment hereunder. X1. Notice Any notice to the Property Owners 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 Owners 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 Owners 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 Owners 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 Owners 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. XHI. Reimbursement for Services If the Property Owners request and receive mutual aid firefighting assistance and are a member of Channel Industries Mutual Aid organization ( "CIMA ") or similar organization, the Property Owners shall reimburse the City for costs incurred by the City in providing fire protection services to the Property Owners 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 Owners request and receive mutual aid firefighting assistance and are not a member of CIMA or a similar organization, then the Property Owners shall be required to reimburse the City for costs actually expended by the City in providing any firefighting assistance to the Property Owners, including chemical and personnel costs. XIV. Declaratory Judment 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 deterniining said controversy and the cause shall be 8 tried as other civil causes. If the controversy affects an Industrial District Payment, the Property Owners 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 Owners to the City. The Property Owners agree 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 Agreemeni shall not bestow any rights upon any third party, but rather, shall bind and benefit the Property Owners and the City only. If the Property Owners convey all or any part of the property then covered hereby, the Property Owners 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 Owners 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 I. Authority The Property Owners covenant that they have 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. 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 ret'orm such provision, covenant, obligation or agreement, such determination shall not affect any other provision, covenant, obligation or M 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 Owners 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. XXI. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. NMI. Headinus 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. XXIII. 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 perfbrmance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 10 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 A �reement is executed in multiple - counterparts on behalf of Exel Inc., this � day "of , 2010, on behalf of Baytown' Long Ball, L.P., this �- day of 2010, and on behalf of the City this day of 2010. . EXEL By_ GL AT TEST: Se ry 11 Printed Name Marvin I. Larger Executive Vice PreskWt Title BAYTO)W LONG BALL, L.P. ,. CITY OF BAYTOWN STEPHEN H. DONCARLOS, Mayor ATTEST: LETICIA GARZA, City Clerk APPROVED AS TO FORM: IGNP,CIO RAMIREZ, SR., City Attorney CYN�TbIIAgEARSpN, Finance Director \\cobsrvI \LegalVeaneneft Documents\ ContracU\ IDA\ Exel& BaytownLongBa1120101tenewal.doc 12 EXHIBIT A PREMISES TRACTS 1. 3.4 & 9 TRACT NO. 1 — 28.682 ACRES: w Being 28.682 acres of land situated in the John Steele Survey, Abstract 227, Chambers County, Texas, and being out of and a part of Restricted Reserve "A" of Cedar Crossing Phase 1I, as per plat recorded in Volume "13" at Page 112 of the Map Records of Chambers County, Texas, and being that same land conveyed by USX Corporation to Seapac, Inc. by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas. This 28.682 acre tract is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO ITIE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL "LANE:, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALI, DISTANCES ARE ACTUAL DISTANCES. BEGINNING at a K inch iron rod, with cap, set in the North line of said Reserve "A" and in the South line of a 10 foot right -of -way conveyed to Continental Oil Company by United States Steel Corporation by Instrument dated February 5, 1979 and recorded in Volume 432 at Page 328 of the Deed Records of Chambers County, Texas; from which the most Northern Northwest corner of said Reserve "A" and the Northeast corner of a 40 acre tract of land conveyed by Hoesch Tubular Products Company to Koppel Steel Products Corporation by Deed dated May 24, 1994 and recorded in Volume 240 at Page 411 of the Official Public Records of Chambers County, Texas, beats WEST 2593.23 feet and the Northeast corner of said Reserve "A" in the West right -of -way line of F. M. Highway 1405 (300 feet wide right-of-way) and the Northeast comer of that certain 11.290 acre tract of land conveyed by USX Corporation to Seapac, Inc. by Deed dated August 29, 1996 and recorded in Volume 309 at Page 174 of the Official Public Records of Chambers County, ,texas, bears EAST 803.16 feet. Said %: inch iron rod being the Northwest corner of said 11.290 acres and the Northeast corner and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of Y =707,996.94 and X =3,295,137.87. THENCE: SOUTH along the East line of this tract and the West line of said 11.290 acres and at 600.00 feet pass a h inch iron, with cap, set for the Southwest cot-tier of said 11.290 acres and the Northwest comer of that certain 6.5625 acre tract of land conveyed by Cedar Crossing, L.P. to Seapac, Inc. by Deed dated May 31, 2001 and recorded in Volume 502 at Page 464 of the Official Public Records of Chambers County, 'Texas; in all, a total distance of 938.28 feet to a 'A inch iron rod, with cap, found in the North litre of that certain 2.2045 acre Roadway Easement as conveyed by USX Corporation to Seapac, Inc. by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas. Said point being the Southwest corner of said 6.5625 acres and the Southeast corner of this tract. THENCE: WEST along the Easternmost South line of this tract and the North line of said 2.2045 acre tract for a distance of 100.00 feet to a % inch iron rod, with cap, found for the Southernmost Southwest corner of this tract and the Northwest corner of said 2.2045 acre tract. TliENCE: NORTH along the Southernmost West line of this tract for a distance of 338.28 feet to an "X" in concrete found for an interior corner of this tract. COWMBUSAW52.7 A -1 THENCE: WEST along the Westernmost South line of this tract for a distance of 1925.94 feet to a A inch iron rod found for the Westernmost Southwest comer of this tract. THENCE: NORTH along the Northernmost West line of this tract for a distance of 600.00 feet to a 5/8 inch iron rod found in the North line of said Reserve "A" and the South line of said Continental Oil Company right -of -way for the Northwest corner of this tract. THENCE: EAST along the North luie of this tract, the North be of said Reserve "A" and the South line of said Continental Oil Company right -of -way, for a distance of 2025.94 feet to the PLACE OF BEGINNING and containing within these boundaries 28.682 acres of land. Being 11.290 acres of land situated in the John Steele Survey, Abstract 227, Chambers County, Texas and being out of and a part of Restricted Reserve "A" of Cedar Crossing, Phase 11, as per plat recorded in Volume "B" at Page 112 of the Map Records of Chambers County, Texas. Said 11.290 acres being that same land conveyed by USX Corporation to Seapac, Inc. by Deed dated August 29, 1996 and recorded in Volume 309 at Page 174 of the Official Public Records of Chambers County,'Texas. This 11.290 acres is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. BEGINNING at a'6 inch iron rod found in the West right -of -way line of F. M. Highway 1405 (300 feet wide right-of-way) at the Northeast comer of said Restricted Reserve "A ", the Northeast comer of a 0.0069 of an acre tract described in Easement to Continental Oil Company by United States Steel Corporation by instrument dated February 5, 1979 and recorded in Volume 432 at Page 328 of the Deed Records of Chambers County, Texas, and the Southeast corner of a 10 foot easement conveyed in said Volume 432 at Page 328. Said point being the Northeast corner and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of X =3,296,940.93 and Y=707,996.94. THENCE: South 03 °09'06" East along the East line of this tract, the East line of said Restricted Reserve "A" and the West right -of -way line of said F. M. Highway 1405 for a distance of 600.91 feet to a A inch iron rod found for the Southcast corner of this tract and the Northeast corner of that certain 6.5625 acre tract of land conveyed by Cedar Crossing, L.P. to Seapac, Inc. by Deed dated May 31, 2001 and recorded in Volume 502 at Page 464 of the Official Public Records of Chambers County, Texas. THENCE: WEST along the South line of this tract and the Notch line of said 6.5625 acres for a distance of 836.19 feet to a % inch iron rod, with cap, set in the East line of that certain 28.682 acre tract of land conveyed by USX Corporation to Seapac, Inc. by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas for the Southwest corner of said 6.5625 acres and the Southwest comer of this tract. 'f1-IENCE: NORTH along the West line of this tract and the East line of said 28.682 acres for a distance of 600.00 feet to a h inch iron rod, with cap, set in the South line of the heretofore mentioned 10 foot right -of -way recorded in Volume 432 at Page 328 of the Deed Records of Chambers County, Texas and the North line of said Restricted Reserve "A" for the Northwest corner of this tract and the Northeast corner of said 28.682 acres. COI.UM BM'4683S2.7 A -2 THENCE: EAST along the North line of this tract, the North line of said Restricted Reserve "A" and the South line of said 10 foot right -of -way, for a distance of 803.16 feet to the PLACE OF BEGINNING and containing within these boundaries 11.290 acres of land. Being 6.5625 acres of land situated in the John Steele Survey, Abstract 227, Chambers County, Texas and being out of and a part of Restricted Reserve "A" of Cedar Crossing, Phase II, as per plat recorded in Volume "B" at Page 112 of the Map Records of Chambers County, Texas. Said 6.5625 acres being that same land conveyed by Cedar Cmssing, L.P. to Seapac, Inc. by Deed dated May 31, 2001 and recorded in Volume 502 at Page 464 of the Official Public Records of Chambers County, Texas. This 6.5625 acre tract of land is more particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. COMMENCING at a h inch iron rod found in the West right -of -way line of F. M. Highway 1405 (300 feet wide right -of -way) at the Northeast corner of said Restricted Reserve "A ", the Northeast comer of a 0.0069 of an acre tract described in Easement to Continental Oil Company by United States Steel Corporation by Instrument dated February 5, 1979 and recorded in Volume 432 at Page 328 of the Deed Records of Chambers County, Texas, and the Southeast comer of a 10 foot easement conveyed in said Volume 432 at Page 328. Said point being the Northeast comer of that certain 11.290 acre tract of land conveyed by USX Corporation to Seapac, Inc. by Deed dated August 29, 1996 and recorded in Volume 309 at Page 174 of (lie Official Public Records of Chambers County, Texas and having a State Plane Coordinate Value of X= 3,296,940.93 and Y= 707,996.94. THENCE: South 03 °09106" East along the East line of said 11.290 acre tract, the East line of said Restricted Reserve "A" and the West right- of-way line of said F. M. Highway 1405 for a distance of 600.91 feet to a Y2 inch iron rod found for the Southeast comer of said 11.290 acre tract and the Northeast corner and POINT OF BEGINNING of this tract. THENCE: Continue South 03009'06' Fast along the East line of this tract, the East line of said Restricted Reserve "A" and the West right -of -way line of said F. M. highway 1405 for a distance of 312.37 feet to a h inch iron rod, with cap, set for the Southeast corner of this tract and the Northeast corner of that certain 2.2045 acre tract described in Roadway Easement dated October 27, 1994 between USX Corporation and Seapac, Inc. and recorded in Volume 251 at Page 434 and Volume 251 at Page 439 of the Official Public Records of Chambers County, Texas. Said point being the BEGINNING POINT of a curve to the right, concave Northwesterly. THENCE: Along and around said curve to the right, in a Southwesterly direction, along the South line of this tract and the North line of said 2.2045 acres, said curve having a radius of 25.00 feet, a central angle of 93 °09'06 ", a chord bearing and distance of South 43 025'27" West 36.31 feet, for an are length of 40.64 feet to a h inch iron rod, with cap, set for the TERMINATION POINT of said curve. THE74CE: WEST along the South line of this tract and the North line of said 2.2045 acres for a distance of 828.41 feet to a h inch iron rod, with cap, set for the Southeast corner of that certain 28.682 acre tract of land conveyed by USX Corporation to Seapac, Inc. by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas and the Southwest corner of this tract. CoLUM BU54641352.7 A•3 THENCE: NORTH along the West line of this tract and the East line of said 28.682 acres for a distance of 338.28 feet to a 'r4 inch iron rod, with cap, set for the Southwest corner of said 11.290 acres and the Northwest corner of this tract. THENCE: EAST along the North line of this tract and the South line of said 1 1290 acres for a distance of 836.19 feel to the PLACE OF BEGINNING and containing within these boundaries 6.5625 acres of land. P Being all of Lots Twenty -one (21), 'Twenty -two (22), Twenty -three (23), Twenty-four (24), Twenty -five (25), Twenty -six (26) and Twenty -Seven (27) of Cedar Crossing Business Park, a Subdivision in Chambers County, Texas, according to the amending map or plat thereof recorded in Volume "A" at Page 120 of the Map Records of Chambers County, Texas. Said lots being that same land conveyed by .Industrial Warehouse Services, Inc. to Seapac, Inc, by Instrument dated October 31, 1991 and recorded in Volume 160 at Page 279 of the Official Public Records of Chambers County, Texas and containing 19.3127 acres of land. COLUM nUS'468352.7 A -4 EXHIBIT A -1 TRACTS 2, 5, 6.7 & 8 r� Being an easement for ingress and egress only, over and across that certain 22045 acre tract of land situated in the John Steele Survey, Abstract 27, Chambers County, Texas, and being out of and a part of Restricted Reserve "A" of Cedar Crossing, Phase II, as per plat recorded in Volume "B" at Page 112 of the Map Records of Chambers County, Texas. Said 2.2045 acres being that same land described in Roadway Easement between USX Corporation and Seapac, Inc. dated October 27, 1994 and recorded in Volume 251 at Page 434 and Volume 251 at Page 439 of the Official Public Records of Chambers County, Texas. Said 2.2045 acre tract of land is niore particularly described by the following metes and bounds, to -wit: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. BEGINNING at a 'A inch iron rod, with cap, set in the West right -of -way line of F. M. Highway 1405 (300 feet wide right -of -way) and in the East line of said Reserve "A ". Said point being the Southeast corner of that certain 6.6525 acre tract of land conveyed by Cedar Crossing, L.P. to Seapac, Inc. by Deed dated May 31, 2001 and recorded in Volume 502 at Page 464 of the Official Public Records of Chambers County, Texas and being the Northeast corner and POINT OF BEGINNING of this tract. Said point having a State Plane Coordinate Value of Y=707,085.14 and X= 3,295,991.14. THENCE: South 03°09'06" East along the East line of this tract and the West right -of -way line of said F. M. Highway 1405 for a distance of 150.23 feet to a A inch iron rod found for the Southeast corner of this tract. Said point being in a curve to (lie lell, concave Southwesterly. THENCE: Along and around said curve to the left, in a Northwesterly direction, along die South line of this trnet, said curve having a radius of 25.00 feet, a central angle of 86 °50'54 ", and a chord bearing and distance of North 46 034'33" West 34.37 feet, for an arc length of 37.89 fed to a % inch iron rod found for the TERMINATION POINT of said curve. THENCE: WEST along the South line of this tract for a distance of 936.67 feet to a % inch iron rod, with cap, found for the Southwest corner of this tract. THENCE: NORTH along the West line of this tract for a distance of 100.00 feet to a Y44 inch iron rod, with cap, found for the Southernmost Southwest comer of that certain 28.682 acre tract of land conveyed by USX Corporation to Seapac, Inc. by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas and the Northwest corner of this tract. 'ITIPNCE: EAST along the North line of this tract, the Easternmost South line of said 28.682 acres and the South line of mid 6.5625 acres and at 100.00 feet pass a '/ inch iron rod, with cap, found for the Southeast corner of said 28.682 acres and the Southwest corner of said 6.5625 acres; in all, a total distance of 928.41 feet to a '/2 inch iron rod, with cap, set for the BEGINNING POINT of a curve to the left, concave Northwesterly. CULUM BUSl468352.7 B- t THENCE: Along and around said curve to the left, in a Northeasterly direction, along the North line of this tract and the South line of said 6.5625 acres, said curve having a radius of 25.00 feet, a central angle of 93 °09'06 ", and a chord bearing and distance of North 43 °25'27' East 36.31 feet, for an arc length of 40.64 feet to the PLACE OF BEGINNING and containing within these boundaries 2.2045 acres of land. I FIELD NOTES of the centerline of an existing railroad situated in the John Steele Survey, Abstract 227, Chambers County, Texas, and being across the following: 1) A 10 foot easement conveyed to Continental Oil Company by United States Steel Corporation by Instrument dated February 5, 1979 and recorded in Volume 432 at Page 328 of the Deed Records of Chambers County, Texas. 2) A 60 foot easement conveyed to Houston Lighting and Power Company by United States Steel Corporation by Instrument dated October 10, 1975 and recorded in Volume 377 at Page 50 of the Deed Records of Chambers County, Texas. 3) A 20 foot easement conveyed to Big Three Industries. Inc. by United States Steel Corporation by Instrument dated November 9, 1972 and recorded in Volume 339 at Page 641 of the Deed Records of Chambers County, Texas, and to Channel Industries Gas Company by United States Steel Corporation by Instrument dated January 31, 1969 and recorded in Volume 304 at Page 384 of the Deed Records of Chambers County, Texas. 4) An 80 foot easement conveyed to Houston Lighting and Power Company by United States Steel Corporation by Instrument dated October I, 1968 and recorded in Volume 307 at Page 332 of the Deed Records of Chambers County, Texas, and amended by Instrument dated May 6, 1977 and recorded in Volume 400 at Page 693 of the Deed Records of Chambers County, 'Texas. 5) A 5 fuut casenicrut cunveycd to Gruwubl Telephone Cunrpdny of the Southwest by United Stag Strcl Corporation by Instrument dated April 26, 1968 and recorded in Volume 296 at Page 571 of the Deed Records of Chambers County, Texas. This easement is located in the Houston Lighting and Power Company 80 foot casement. 6) The USX Corporation 80 fool railroad reserve. NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL. ZONE, AS DEFINED I3Y ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. COMMENCING at a h inch iron rod found for the Northeast corner of that certain 28.682 acre tract of land conveyed by USX Corporation to Seapac, Inc. by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas; this centerline is in the North line of Restricted Reserve "A" of Cedar Crossing, Phase II, as per plat recorded in Volume "B" at Page 112 of the Map Records of Chambers County, Texas and in the South line of said 10 foot casement conveyed to Continental Oil Company; from which a ''A inch iron rod round for the Northeast corner of said Restricted Reserve "A" bears EAST 803.16 feet. This COMMENCING POINT has a Slate Plane Coordinate Value of Y= 707,996.94 and X= 3,295,137.87. COI.UM nUSA6rt352.7 B -2 THENCE: WEST with the North line of said 28.682 acres, the North line of said Restricted Reserve "A" and the South line of said 10 foot easement, for a distance of 33.72 feet to a point for the POINT OF BEGINNING of this centerline and having a State Plane Coordinate Value of Y= 707,996.94 and X= 3,296,104.15. Said point being the BEGINNING POINT of a curve to the leN concave Northerly. THENCE: Along and around said curve to the left, in a Northeasterly direction, along said centerline herein described, said curve having a radius of 425.13 feet, a central angle of 21 °58'37" and a chord bearing and distance of North 66°27'31" Fast 162.07 feet, for an are length of 163.07 feet to a point for the TERMINATION POINT of said curve. THENCE: North 55°28'10" East along said centerline herein described for a distance of 112.63 feet to a point for the BEGINNING POINT of a curve to the right, concave Southerly. THENCE: Along and around said curve to the right, in a Northeasterly direction, along said centerline herein described, said curve having a radius of 452.41 feet, a central angle of 28 °10'13" and a chord bearing and distance of North 69°33'19" East 222.43 feet, for an are length of 220.20. feet to the TERMINATION POINT of this curve and the BEGINNING POINT of another curve to the right, concave Southerly. PAGE 4 — TRACTS 2, 5, 6, 7 & 8. THENCE: Along and around curve to the right, in a Northeasterly directiai, along said centerline herein described, said curve having a radius of 762.66 feet, a central angle of 0612135" and a chord bearing and distance of North 8604911 ' 2" East 84.61 feet, for an arc length of 84.65 feel to a point for the TERMINATION POINT f said curve and the TERMINATION POINT of said centerline herein described in the center of an existing railroad and the center of said USX 80 foot railroad reserve. From this point the Northeast corner of said 28.682 acre tract of land bears South 67 008110" West 540.96 feet. COLUMBUS-468352.7 B -3 1) A 10 foot easement conveyed to Continental Oil Company by United States Steel Corporation by Instrument dated February 5, 1979 and recorded in Volume 432 at Page 328 of the Deed Records of Chambers County, Texas. 2) A 60 foot easement conveyed to Houston Lighting and Power Company by United States Steel Corporation by Instrument dated October 10, 1975 and recorded in Volume 377 at Page 50 of the Deed Records of Chambers County, Texas. 3) A 20 foot easement conveyed to Big Three Industries, Inc. by United States Steel Corporation by instrument dated November 9, 1972 and recorded in Volume 339 at Page 641 of the Deed Records of Chambers County, Texas, and to Channel Industries Gas Company by United States Steel Corporation by Instrument dated January 31, 1969 and recorded in Volume 304 at Page 384 of the Deed Records of Chambers County, Texas. 4) An 80 foot easement conveyed to Houston Lighting and Power Company by United States Steel Corporation by Instrument dated October 1, 1968 and recorded in Volume 307 at Page 332 of the Deed Records of Chambers County, Texas, and amended by Instrument dated May 6, 1977 and recorded in Volume 400 at Page 693 of the Deed Records of Chambers County, Texas. 5) A 5 foot easement conveyed to General Telephone Company of the Southwest by United States Steel Corporation by Instrument dated April 26, 1968 and recorded in Volume 296 at Page 571 of the Deed Records of Chambers County, Texas. This easement is located in the Houston Lighting and Power Company 80 foot easement. 6) The USX Corporation 80 foot railroad reserve. NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATE'S REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINEI) 13Y ARTICLE 5300A OF THE REVISED CIVIL STATUTT:S OF THE STATE OF TEXAS, 1927 DATUivi. ALI. DISTANCES ARE AC'T'UAL DISTANCES. PAGE 5 — TRACTS 2, 5, 6,7 & 8. COMMENCING at a %i inch iron rod found for the Northwest corner of that certain 28.682 acre tenet of land conveyed by USX Corporation to Seapac, Inc. by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas; this centerline is in the North line of Restricted Reserve "A" of Cedar Crossing, Phase 11, as per plat recorded in Volume "B" at Page 112 of the Map Records of Chambers County, Texas and in the South line of said 10 loot easement conveyed to Continental Oil Company; fmm which a h inch iron rod found for the Northwest conger of said Restricted Reserve "A" bears WEST 567.29 feet. This COMMENCING POINT has a State Plane Coordinate Value of Y= 707,996.94 and X= 3,295,112.17. THENCE: EAST with the North line of said 28.682 acres, the North line of said Restricted Reserve "A" and the South line of said 10 foot easement, for a distance of 57.70 feet to a point for the POINT OF BEGINNING of this centerline and having a State Plane Coordinate Value of Y= 707,996.94 and X =3,293,169.87. Said point being the BEGINNING POINT of a curve to the right, concave Northerly. THENCE: Along and around said curve to the right, in a Northwesterly direction, along said centerline herein described, said curve having a radius of 797.47 feet, a central angle of 08 °25'25" and a chord bearing and distance of North 76 °37'55" West 117.14 feet, for an arc length of 117.25 feet to a point for COLUM DUSA68352.7 B-4 the TERMINATION POINT of this curve and the BEGINNING POINT of another curve to the right, concave Northerly. THENCE: Along and around said curve to the right, in a Northwesterly direction, along said centerline herein described, said curve having a radius of 459.27 feet, a central angle of 14 059'58" and a chord bearing and distance of North 64 °55'12" West 119.89 feet, for an arc length of 120.23 feet to a point for the TERMINATION POINT of said curve. THENCE: North 57°25'12" West along said centerline herein described for a distance of 103.88 feet to a point for the BEGINNING POINT of a curve to the left, concave Southwesterly. 'ITIENCE: Along and around said curve to the left, in a Northwesterly direction, along said centerline herein described, said curve having a radius of 475.92 feet, a central angle of 26 °13'13" and a chord bearing and distance of North 70 °31'48" West 215.90 feet, for an arc length of 217.80 feet to a point for the TERMINATION POINT of this curve and the BEGINNING POINT of another curve to the left, concave Southerly. THENCE: Along and around said curve to the left, in a Westerly direction, along said centerline herein described, said curve having a radius of 762.66 feet, a central angle of 06 °21'35" and a chord bearing and distance of North 86 049'12" West 84.61 feet, for an arc length of 84.65 feet to a point for the TERMINATION POINT of said centerline herein described in the center of an existing railroad and the center of said USX 80 foot railroad reserve. From this point, the Northwest corner of said 28.682 acres bears South 68 °43108" East 579.97 feet. "12 HOYAMM FIEI.,D NOTES of the centerline of an existing road situated in the John Steele Survey, Abstract 227, Chambers County, Texas, and being across the following: 1) A 10 foot easement conveyed to Continental Oil Company by United States Steel Corporation by Instrument dated February 5, 1979 and recorded in Volume 432 at Page 323 of the Deed Records of Chambers County, Texas, 2) A 60 foot easement conveyed to Houston Lighting and Power Company by United States Steel Corporation by Instrument dated October 10, 1975 and recorded in Volume 377 at Page 50 of the Deed Records of Chambers County, Texas. 3) A 20 foot easement conveyed to Big Three Industries, Inc. by United States Steel Corporation by Instrument dated November 9, 1972 and recorded in Volume 339 at Page 641 of the Deed Records of Chambers County, Texas, and to Channel Industries Gas Company by United States Steel Corporation by Instrument dated January 31, 1969 and recorded in Volume 304 at Page 384 of the Deed Records of Chambers County, Texas. 4) An 80 foot easement conveyed to Houston Lighting and Power Company by United States Steel Corporation by lnstrunnent dated October 1, 1968 and recorded in Volume 307 at Page 332 of the Deed Records of Chambers County, Texas, and amended by Instrument dated May 6, 1977 and recorded in Volume 400 at Page 693 of the Deed Records of Chambers County, Texns. 5) A 5 foot easement conveyed to General Telephone Company of the Soulhwest by United States Steel Corporation by Instrument dated April 26, 1968 and recorded in Volume 296 at Page 571 of the Deed Cor.uM BUS46s352.7 B -5 Records of Chambers County, Texas. This easement is located in the Houston Lighting and Power Company 80 foot easement. 6) The USX Corporation 80 foot railroad reserve. NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. COMMENCING at a A inch iron rod found for the Northeast corner of that certain 28.682 acre tract of land conveyed by USX Corporation to Seapac, Inc, by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas; this centerline is in the North line of Restricted Reserve "A" of Cedar Crossing, Phase II, as per plat recorded in Volume "I3" at Page 112 of the Map Records of Chambers County, Texas and in the South line of said 10 foot easement conveyed to Continental Oil Company; from which a %2 inch iron rod found for the Northeast corner of said Restricted Reserve "A" bears EAST 803.16 feet. This COMMENCING POINT has a State Plane Coordinate Value of Y =707,996.94 and X= 3,295,137.87. THENCE: WEST with the North line of said 28.682 acres, the North line of said Restricted Reserve "A" and the South line of said 10 foot easement, fora distance of 42.76 feet to a point for the POWT OF BEGINNING of this centerline and having a State Plane Coordinate Value of Y= 707,996.94 and X= 3,295,095.12. COLUMBUSA68352.7 13-6 THENCE: Along and with the said centerline herein described as follows: North 18 05016" West for a distance of 21.19 feet to a point; North 36°26'13" West for a distance of 48.01 feet to a point; North 44 °0434" West for a distance of 39.02 feel to a point; North 34 °40'17" West for a distance of 70.42 feet to a point; North 16 050'45" West for a distance of 68.44 feet to a point; North 17 °2943" West for a distance of 41.80 feet to a point for the TERMINATION POINT of said centerline herein described in the North line of the USX railroad reserve and the South line of the Cedar Crossing Business Park Subdivision; from which a A inch iron rod found for the Southwest comer of Lot 27 of said Cedar Crossing Business Park Subdivision bears WEST 2060.91 feet. FIELD NOTES of the centerline of a buried cable situated in the John Steele Survey, Abstact 27, Chambers County, Texas, and being across the following: 1) A 10 foot easement conveyed to Continental Oil Company by United States Steel Corporation by Instrument dated February 5, 1979 and recorded in Volume 432 at Page 328 of the Deed Records of Chambers County, Texas. 2) A 60 foot easement conveyed to Houston Lighting and Power Company by United States Steel Corporation by Instrument dated October 10, 1975 and recorded in Volume 377 at Page 50 of the Deed Records of Chambers County, Texas. 3) A 20 foot casement conveyed to Big Three Industries, Inc. by United States Steel Corporation by Instrument dated November 9, 1972 and recorded in Volume 339 at Page 641 of the Deed Records of Cliambens Cuuwuy, Texas, and to Channel I» dustries Gas Cuntpany by LinitW States Stull Curpurdtiuu by Instrument dated January 31, 1969 and recorded in Volume 304 at Page 384 of the Deed Records of Chambers County, Texas. 4) An 80 foot easement conveyed to Houston Lighting and Power Company by United States Steel Corporation by Instrument dated October 1, 1968 and recorded in Volume 307 at ]'age 332 of the Deed Records of Chambers County, Texas, and amended by Instrument dated May 6, 1977 and recorded in Volume 400 at Page 693 of the Deed Records of Chambers County,'rexas. 5) A 5 foot easement conveyed to General Telephone Company of the Southwest by United States Steel Corporation by Instrument dated April 26, 1968 and recorded in Volume 296 at Page 571 of the Deed Records of Chambers County, Texas. This easement is located in the 1•louston Lighting and Power Company 80 foot easement. 6) The USX Corporation 80 foot railroad reserve. NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALI. COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED I3Y AR'r1CLE 5300A OF THE REVISED CIVIL STATUTES OF THE S'rA'1'Iz OF TEXAS, 1927 DATUM. ALL DISTANCES AIIE ACTUAL DISTANCES. COLUM BUSA0352.7 13 -7 BEGINNING at a point in the centerline herein described in the South line of Lot 23 of Cedar Crossing Business Park (Amending Plat recorded in Volume "A" at Page 120 of the Map Records of Chambers County, Texas) and the Noah line of Item No. 6 mentioned above. Said point being the BEGINNING POINT of said centerline herein described and having a State Plane Coordinate Value of Y= 708,246.91 and X= 3,294,282.22; from which a 'h inch iron rod found for the Southwest corner of Lot 27 of said Cedar Crossing Business Park Subdivision bears WEST 1382.89 feet. THENCE: Along and with the centerline herein described, across Items 1,2,3,4,5 and 6 mentioned above, SOUTH a distance of 250.00 feet to a point in the North line of Rewicted Reserve "A" of Cedar Crossing, Phase II, as per plat recorded in Volume "B" at Page 112 of the Map Records of recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas; this centerline is in the North line of Restricted Reserve "A" of Cedar Crossing, Phase II, as per plat recorded in Volurne "B" at Page t 12 of the Map Records of Chambers County, Texas, the North line of that certain 28.682 acre tract of land conveyed by USX Corporation to Seapae, Inc. by Deed dated October 25, 1994 and recorded in Volume 251 at Page 410 of the Official Public Records of Chambers County, Texas, and in the South line of Item No. 1 mentioned above. Said point being the TERMINATION POINT of said centerline herein described; from which a 'r4 inch iron rod found for the Northwest corner of said 28.682 acres bears WEST 11 70.17 feet. COLUMBM468352.7 13 -8