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Ordinance No. 12,259ORDINAWENO. 12,259 AN ORDINANCE Of "I`1-I1" CITY 011)UNCII., OFTHE CITY OFBAYTOWN, TF'XAS, AUTHORIZING AND DIRL'ICTIN(.3 1°I III MAYOR TO 1"IXECUTF� AND THE. CITY CLF,RK TO ATTEIST TO AN INDIJSTRIAL DISTRICT "I A G R U�E'M fl, NT WITH BAYER MA ERIALSCIFNCE LLC; AND PROVIDMI I.ORTHE BL' IT (. RDAINI"D BY THL" CITY COUNCIL 01',' THE CITY OF BAY TOWN, 'YEAS: Section 1: That the City (ouncil of` the City ol'Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of' the City of' Baylown to execute and attest to an IndUsirial District Agreement kith Bayer MaterialSeience LLCI. A copy of said Industrial District Agreement is attached hereto, nlarked Exhibit "A" and incorporated herein for aII intents "Ind I)Urposes. Section 2: This ordinance shall take effect immediately from and after its passage by tile City COUncil ofthe City ot'Baytown. INTRODUCIFI), READ, and PASSLID 1)), the aJ'firnmt1vc;v1,e of'the City COUnCil Ot'111C ("ity ol'Baytown, this the 23"" day of'May, 2013. % S'lf-,']"]-[E-Nlr])ON('AIZL,OS, Mayor I LT K" APPROVE'D AS 1`0 FORM: . .... . ....... Zldnc� elt ACIO RA1\4Ik"f,, -SR..,'6i1 , 71 1111�� k %Kar ell ',� F 'it} Cot I I I C I k0rdmanm\20 I YAlay 23\13ayei-Ntl I et ia Is Cie I 1�:e It )AI )rd I It mice'doc Exhibit "A" Industrial District Agreement This Industrial District Agreement ( "Agreement ") is made and entered into between the City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas, hereinafter also referred to as "Baytown" or "City," and Bayer MaterialScience LLC, a Delaware limited liability company, hereinafter referred to as "Property Owner." In consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between the City and Property Owner as follows: 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 Owner" Tax Statement Address: Bayer MaterialScience LLC Mr. Fred Geldmaker 100 Bayer Road Attn: Tax Dept. Pittsburgh, PA 15205 -9741 Bayer MaterialScience LLC 100 Bayer Road Pittsburgh, PA 15205 -9741 II. 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. 3 (the "Industrial District"). III. Term The term of this Agreement is seven tax years, from 2013 through 2019, 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, 2013, 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 D on January 1, 2002, ➢ on January 1, 2009, as specified and/or used in a previous Industrial District Agreement between the Property Owner and the City, or D 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 ONE BILLION TWO HUNDRED FORTY -ONE MILLION EIGHTY -TWO THOUSAND TWENTY -TWO AND NO 1100 DOLLARS ($1,241,082,022.00) less the fair market value in the Base Year as determined by the City of that portion of FA 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. 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: VI. Valuations For the purpose of providing a procedure for determining and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted and made a part hereof all provisions of the Constitution and statutes of the State of Texas pertaining to ad valorem taxation as amended throughout the term of this Agreement (including, in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of such provisions would require the assessment of the Property Owner's property on an equal and uniform basis with property in the general corporate limits of the City, the provisions of this Agreement will control where in conflict with the provisions of such laws and (ii) the income method of appraisal as described in Section 23.012 of the Texas Property Tax Code shall not be limited to only properties for which a rental market exists. Specifically, nothing contained herein shall limit the income method of appraisal specified in Section 23.012 of the Texas Property Tax Code to only properties for which a rental market exists, instead if such method is used, the chief appraiser shall: I . 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; INDUSTRIAL PUBLIC YEARLY TAX YEAR DISTRICT COMMUNITY PAYMENT PAYMENT RATE IMPROVEMENT RATE 2013 .61 .01 .62 2014 .62 .01 .63 2015 .62 .01 .63 2016 .63 .01 .64 2017 .63 .01 .64 2018 .63 .01 .64 2019 .64 .01 .65 VI. Valuations For the purpose of providing a procedure for determining and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted and made a part hereof all provisions of the Constitution and statutes of the State of Texas pertaining to ad valorem taxation as amended throughout the term of this Agreement (including, in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of such provisions would require the assessment of the Property Owner's property on an equal and uniform basis with property in the general corporate limits of the City, the provisions of this Agreement will control where in conflict with the provisions of such laws and (ii) the income method of appraisal as described in Section 23.012 of the Texas Property Tax Code shall not be limited to only properties for which a rental market exists. Specifically, nothing contained herein shall limit the income method of appraisal specified in Section 23.012 of the Texas Property Tax Code to only properties for which a rental market exists, instead if such method is used, the chief appraiser shall: I . use income and expense data pertaining to the property, if possible and applicable; 2. make any projections of future income and expenses only from clear and appropriate evidence; 3. use data from generally accepted sources in determining an appropriate capitalization rate; 4. determine a capitalization rate for income - producing property that includes a reasonable return on investment, taking into account the risk associated with the investment. A. Valuation of Property Inside the Corporate Limits but Subsequently Disannexed Land, improvements and tangible property, real or mixed, of the Property Owner, which is disannexed from the corporate limits of the City during the term of this Agreement, shall become part of the affected area immediately upon disannexation. The value for such 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 Property Outside the Corporate Limits The parties hereto recognize that said Chambers County Appraisal District is not required to appraise the land, improvements, and tangible property, real or mixed, in the affected area, which is not within the corporate limits of the City, for the purpose of computing the payments hereunder. Therefore, the parties agree that to determine the fair market value of all of the Property Owner's land, improvements, and tangible property located outside the corporate limits of the City in accordance with the market value computation contemplated in the Texas Property Tax Code for the purpose of calculating the Property Owner's payment in the manner described above, the City may choose to use the appraised value for the Base Year, as finally determined by the Chambers County Appraisal District (or through administrative or judicial appeal of the Chambers County Appraisal District's determination), or by appraisal conducted by the City and/or by an independent appraiser of the City's selection, and at the City's expense. Nothing contained herein shall ever be construed as in derogation of the authority of the Chambers 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. 4 D. Statements The City shall mail one statement to the Property Owner on or about December 1 of each year showing the total amount due on December 31 of such year pursuant to this Agreement. Such statement shall be mailed to the "Tax Statement Address" noted in this Agreement. Any amounts due on December 31 that are not paid when due shall become delinquent on January 1 of the following year. Provided, however, if the tax statement is mailed after December 10, the delinquency date is postponed to the first day of the next month that will provide a period of at least 21 days after the date of mailing for payment of the amount due. Delinquent amounts shall be immediately subject to the same penalties, interest, attorneys' fees and costs of collection as recoverable by the City in the case of delinquent ad valorem taxes. The City shall have a lien upon the Property Owner's land within the affected area upon any delinquency in the Industrial District Payment. E. Valuation Contests If any differences concerning the appraised values shall not have been finally determined by the due date of the Property Owner's payment hereunder and the Property Owner desires to pursue any additional available remedies, the Property Owner shall, without prejudice to such remedies, pay to the City by December 31 of each year (subject to the exception in the preceding paragraph for statements mailed after December 10), such amount as is provided in the Texas Property Tax Code, as amended throughout the term of this Agreement, for payments made under such conditions by owners of property within the general corporate limits of the City subject to ad valorem taxation. Any refund payable by the City to the Property Owner hereunder shall be paid within 60 days after receipt by the City of both Chambers County Appraisal District's form notification that the appraised value of the property has been reduced and a written refund request by the Property Owner; if not paid timely, the refund amount shall bear interest at eight percent per annum beginning 60 days after the City received both the Property Owner's written refund request and the Chambers County Appraisal District's formal notification that the appraised value of the property has been reduced. VII. Compliance with Law The City and the Property Owner mutually recognize that the health and welfare of Baytown residents require adherence to high standards of quality in the air emissions, water effluents and noise, vibration and toxic Ievels 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 5 subject to the Occupational Safety and Health Act, 29 U.S.C. 65, et seq., as amended, then the Property Owner shall undertake to ensure that its facilities and improvements in the affected area comply with the applicable fire safety standards of such act and the resolutions from time to time promulgated hereunder (the "OSHA Standards "), but there shall be no obligation to obtain any permits of any kind from the City in connection with the construction, operation or maintenance of improvements and facilities in the affected area not located within the corporate limits of the City. Nonetheless, the Property Owner agrees that any structure built within the affected area shall be built in accordance with the building code adopted by the City in effect at the time of construction. The City and the Property Owner recognize that activities in the City's industrial districts are subject to regulation by other governmental entities, including the state and federal governments and their various departments and agencies. The City and the Property Owner also recognize that the City may have an interest in activities in the City's industrial districts that are regulated by other governmental entities. Nothing in this Agreement is intended to limit the City's right and authority to communicate its interest in, or opposition to, those activities to the applicable regulatory agencies or to participate, to the extent allowed by law, in any related administrative or judicial proceeding. VIII. Inspections The Chief Appraiser of the Chambers County Appraisal District and the City or its independent appraiser shall have the same right to enter and inspect the Property Owner's premises and the same right to examine the Property Owner's books and records to determine the value of the Property Owner's properties as are provided in the Texas Property Tax Code as amended. 1X. 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 R 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 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. 7 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 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 concerning the interpretation of this Agreement, it is agreed that either of the said parties may petition any Civil District Court of Harris County, Texas, for a Declaratory Judgment determining said controversy and the cause shall be tried as other civil causes. If the controversy affects an Industrial District Payment, the Property Owner shall, pending final determination of said controversy, pay to the City on the due date the same amount which was paid to the City for the last preceding period as to which there was no controversy concerning the amount owed by the Property Owner to the City. The Property Owner agrees to tender any additional amount of potential liability to the registry of the Civil District Court, Hams 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. Authorily The Property Owner covenants that it has the authority to enter into this Agreement by virtue of being either the legal or equitable owner of a possessory estate (including a leasehold estate) in the land comprising the affected area, which will not terminate before the expiration date of this Agreement. Additionally, the officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he represents. 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 tern 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. 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. XXII. Headings The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. 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 performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 10 xxiv. Agreement TCead The parties acknowledge that they have read, understand and intend to be bound by the terms mid conditions of this Agreeincrit. IN WITNESS WHEI�,�01, this Agreement is executed in multiple counterparts on behalf of the Property O�vne r this L�L day of t ki 2013, mid on behalf of the City this clay of 2011 Al-FEST: Secretary Scott (.',, Brown RNMEM LETICIA BRYSCI-1, City Clerk APPROVED AS TO FORM: P ney LOUIS E RICHMAN, I-inance Director RMewitnt%My Documcnt-.5YCori2racts1IDAk,nuyctM iteriaIScicticc2Ol3itcnewal,d 5c BAYER MATERIALSCIENCE LLC 74� By: Printed Name w S L itle CITY OF BAYTOWN sunmN 11, DONCARLOS, Mayor 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 , 2013, and on behalf of the City this day of , 2013. BAYER MATERIALSCIENCE LLC By: Printed Name Title ATTEST: Secretary CITY OF BAYTOWN STEPHEN 1-I. DONCARLOS, Mayor ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: NACIO RAMIREZ, SR., it Attorney LOUISE RICHMAN, Finance Director R:UeancneNly Documents\ Cnntracts% IDAM3ayerMaterialSciencc2Ol3RcnewaLJoc • EXHIBIT A The ro eM subject to this Industrial District Agreement diagram is lomaatad,ega $des nption is ' Road, Baytown. Tx 77520. It is shown on the !;� commonly la as the provided thereto. However, the .7394 acres of land with the building tovm Engineering Building) shown on Exhibit A -1 attached hereto is not subject to this agreement. 0 �RUUND LEASE -BTS AMERICAS (.7399 acres) 1 BLOCK 011 { t BLOCF: CU 5-2B-OS CEDAR BAYOU —�-•- �--�' UTMc0aapurArEs '`• , -� , E31MM75- N.3294128. 12 '"' - r -� -_ -. -- BAYER GOORRIN -1 BLOCK O10 /EIO / 1. 1$458,1 NAM8 2, E84581, N.BMG 3. 18228.1 N-8329.8 / C3 !� 4. 16228.1 N.936•3 5. E 6198.1 N.6360.3 •�-� 1 E 6. E.6166.1 N.8407.3 7. 1,6228.1 tLW..3 1 : m 8. E.622j.1 M -8450A � 12 t I.- / BLOCK Q. E.6231.8 N.8450.8 g C9 /C10 10.16217.5 N.6489.3 f 11.1.8270.4 N.6508 8 12.1.8291.5 N.6450.6 BAYER 6 7 TECHPIOLOGY SERVICES '��// ' • SLOG. AMERICAS 41 4 tllh AVE. ' �RUUND LEASE -BTS AMERICAS (.7399 acres) 1 BLOCK 011 { t BLOCF: CU 5-2B-OS 2W. m C,,X—rux rem 'I'll"Im it A At I t, ") IM I ra- t, ") STATE Of TEXAS) COUNTY OF CHAMBERS) FMLD NOTES of a 1017.6997 acts tray of land situated in the Christian Smith Lea®ae, Abstract 22, the R. A. Porter Survey, Abstract 205, the G. L. Short Survey. Abstract 22.8 and the Thomas Shepherd SWYeY- Abstract 229, Chambers County. Texas and including all or part'of the following tracts of land: A called 9:952 acre Tract 2 conveyed by Vince Vallone. Trustee to Mobay Corporation by Deed dated October 8,1987'md rerded in Volumc'27 at page 553 of the O&cial co Public Records of Cbambets County, Texas; A called 4.7038 acre tract (Lot 3 of Forrest Cove Subdivision as recorded in Volcano 13 a! Page 83 crew Map Records of Cherab m County, Texas) as conveyed by walta GIMI. ; et ux, to Mobay Corporation by Deed dated April 28.1988 and recorded in VohtmeA5 at Page 620 of the Official Public Records of Chambers County, Texas; Lou 4, 5 and 6 of said Forrest Cove Subdivision; ; A called 43.682 acre Tract 1 conveyed by Vince Vallone, 3r., T.nMcre to Mobay Corporation by Deed dated October 3. 1987 and recorded is Volume 27 at Page 553 of the Official Public Records of Chammbes County,Texas; A called 3.988 acre tract (Lot 7 of said Forrest Cove Subdivision) as conveyed by Josepb Norman. Jr., et ux, to Mobay Corporation by Deed dated ]one 10.1988 and recorded in Volume 49 at Page 518 of the Official Public Records of Cbambars County, Texas., A called 5.9530 acre tract (Lot g of said Forrest Cove Subdivision) as conveyed by J. W. (Don) Johnson. Trustee to Mobay Corporation by Deed dated October 27,1987 and recorded in Volume 29 at Page 294 of the Official Public Records of Chambers C;oimtY. Texas; A called 0.660 of an acre tract of land conveyed by Chambers County Development Co. to the State of Texas and Chambers County. Texas, dated November 19,1975 and _ . recorded in Voluri a 375 at Page 143 of the Deed Retards of Chambers County, Texas A called 7.5184 acre Tract 1 conveyed by J. W (Don) Johnson, Trustee. to Mobay Corporation by Deeds recorded in Volume 28. Page 359, Volume 30, Page 434, Volume 101. Page 301 and Volume 1'03, Page 693 of the official Public Records of Cbambers County, Texas; A called 7:5588 acre tract of land conveyed by J. W. (Don) Johnson. Tmam. to Mobay Corporation by Deed dated Odtober 9,1987 and recorded in Volume 27 at Page 548 of the Official Public Records of Chambers County, Texas; • • PAGE 2 - 1017.6997 Acres. A called 7.7203 acre Tract 1 conveyed by Vincent Valtano, Trustee, to Mobay Corporation by Deed dated June 12,1989 and �� recorded in Volume 80 at Page 640 of the Official 'Public Records of Chamber's County, A called 0.0386 of an acre Tract 3 -conveyed by Vince Vallone, Trustee, to Mobay Corporation by Deed dated October 8,1987 and Texas" ed in VOW= 27 at Page 560 of tb6 Official Public Records of Cbantbere County, A called 8.066 sae Tract 1 conveyed by Vincent Vallon0rustee. to Mobay Corporation by Deed doted October 8, 198-1 acid recorded in Volume 27 at Page 560 of the Official public Records of Chambers County. Texas: A called 20.695 acre tract of land conveyed by Vincent Valiant, Trustee, to Mobay Corporati on by Deed dated October 8, 1987 and recorded in-Volume 27 at Page 568 of the OZXtcial Public Records of Chambers County, Texas, A called 15.9628 acre truck of land conveyed by W. B. Thornwn, et al, to Vincent Valiant, Trustee. by Dced•dated•October 15. 1986 and recorded in volume 614 at Page 609 of the Deed Reconls of Cbrmobes COMM Texan subsequently. conveyed to Mobay Corporation: A called; 150.443 acre tract of land conveyed by Chambers County Development Company to Mobay Corporation by Decd dated January 4, 1974 and recorded in %'Ohm 353 at Page 148 of the Deed Records of Chambers Cottary. Texas; A called 7.093 acre Tract 1 conveyed by J. W. (Don) Johnson to Mobay Corporation by Deed dated October 26,1988 and recorded in Volume 60 at Page 573 of the Official Public Records of Clambers County, Texas; A coped 6.533 acre Tract 2 conveyed by J. W. (Don) Johnson to Mobay Corporation by Deed dated October 26,1988 and recorded in Volume 60 at Page 573 of the Official Public Records of Chambers County. Texas A called 0.9092 of an acre tract of land conveyed by Maxine W. Clark, et al, to Mobay Corporation by Deed dated Nlarch 38,1988 and recorded T M Volume 43 at Page 506 of the official Public Records of Chambers County, A called 2.0491 acre Tract 2 conveyed by 1 Ldr.e W. Clark. et al. to Mobay Corperation. by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of the Official Public Records of Chambers County. Texas: A called 16 acre tract of land conveyed by Chambers County Development Company to Mobay Chemical Company by Deed doled January 4. 1974 and recorded in Volume 352 at Page 142 of the Deed Records of Chambers County, Texas, PAGE 3•— 1017.6997 Acres. A called 143308= Ttact 2 conveyed by Sidney S- McClcadoa..111. Trustee, to Mobay Ch=*A Company by Deed dated March l(). 1970 and recorded in Volume 313 at Page 345 of the Deed Records of Chambers County, Tcm: A called 102306 acre tract conveyed by Chambers Comity tai Bayer Corporation by Deed dated February 10. 1997 and recorded in Volume 332 at Page 500 of the Official Public Records of Chmnbers County Text .507 acre Tract I conveyed by Sidney S. McClendon, M, Trustee, to Mobay Cleomieal Company by Deed dated March 10.1970 seconded in Volume 313 at Page 345 of the Deed Records of Chambers County, A called 36.297 acre Tract 1 conveyed by Sidney S. McClendon, = Trustee. to Mobay Chemical Company by Deed dated March to. 1970 and recorded in Volume 313 at Page 340 of the Deed Records of Chambers County. Texas; A called 5.8056 acre tract of land conveyed by Chevron USA, Inc• to Bayer Corporation by Deed dated October 3,1996 and recorded in Volmae.913 at Page 344of the Official Public Records of Chambers COWMt Texan. A called 25A 189 acre tract conveyed by Chevron U.S.A. to Bayer Corporation by Deed dated 3usse 6.1 `196 and recorded in Volume 299 at page 372 of the Official Public Records of Chambers Courmy. Texetis; A called 286.359 acre Tract 2 conveyed by Sidney S. McClendon. 3D, Trustee. to Mobay Chemical Company by Deed recorded in Volume 313 at Page 940 of the Deed Records• of Chambers County. Texas; A called 1.5722 acre Tract 3 conveyed by Maxilit W- l43cat ct Page to M b thee: Ofbe�on by Deed dated March 28,1988 and recorded iv Volume Public Records of Chambers County, Tacos; A called 8.3232 am Tract 4 conveyed by Malinc W • Clark. at al. to Mobay Corpotatiun byDcW dated March 26. 1988 and recorded is Volume 43 at Page 506 of the Official public Records of Chambers County, Texas; D called 1242 gust �o =999 and «a d a'rbny 'ournee 424 P ge Buyer Corporation by of the Official • Decd dated August public Records of Chmnbers County, Texas; A called 183.345 acre tract conveyed by Sidney S. McClendon, lli. Trustee, to Mobay Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313 at Page 336 of the Deed Records of Chambers County, Texas; • 0 PAGE 4 — 1017.699? Acres. A Called 20.19 acre tract of land conveyed by Sidney S. McClendon.ID.Ttvstee; to Mobay Cbemical Company by Deed dated March 10,1970 and recorded in Volume 313 at Page 250 of the Deed Records of Chambers County, Texas; A Called 90.8157 acre >mct conveyed by Sharon Ellis- et al, to Bayer Corporation by Deeds recorded in Volume 265 at Pages 482,496 and 502 of the Official Public Records of Chambers County, Tetras; This 1017.6997 acre tract is more particularly described by the following moles and bounds, to-wit: NOTE: ALLBEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE-PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE, AS DEFRMD By ARTICLE 21.071 OF TAE NATURAL TEXAS, .PXSOURCES CODE OF 719. STATE OF ARE ACTUAL DISTANCES. SCALE FACTOR 0.998965.. ALL DISTANCES 13EGDiNM at a % inch iron rod found at the intersection of the South right -of- -way line' of F. M. Highway 565 (80 feel wide tight- of -Wah at the Northeast eomei of West Bay Road and the Notthesmnost Northwest comer of said called 92952 acre tract. Said point has a Bayer North Plant Coordinate of Nell 1075.26 and 20420.03 and a Stale Place Coordinate Value ofXa3 ,196,724.1084 and Y-727.835-6143. GINNING of tbsspoint being the Northe�� Northwest corner and POINT OF THENCE: Along the Northcnmrost North line of this tract and along and N%ilh the Soutb right.ol way lime of F. M. Highway 565 and the North line of said called 4.7038 acres, a .6S2 acres, be North line of said Lots 4, 5 and 6 of Cove.,the North line of said called 3.988 crew, and the North line of said called Forrest 3 acres, as follows: North 76 deg. 55 mm.49 sec. East 136.78 feet to a concrete tight -of -way ma*cr found for an angle point in said line; North 78 deg, 00 min. 59 sec. Fast, at 49.89 feet pass a 518 inch iron rod found for lb e division comer beween'Lots 1 and 2 of said Forrest Cove Subdivision; in all, a total distance of 354.65 feet to a K inch iron rod, act for an angle point in said line; North 77 deg. 31 min Ol nee. East a distance of 745.42 feet to a 518 inch iron rod found for an angle Point in said line; ' North 77 deg 21 min. 12 5= FM for a distance of 349.85 feet to a 518 inch iron rod found for an angle point in said line; North 77 deg. l8 min. 03 eta. East for a distance of 371.14 feet to a concrete right- of- waymarker (leaning) found for an an81e point in said line; North 76 deg. 51 mj& ,,5 sec. East 82.17 feet to a Ya inch iron roil found for an angle point in said' line at the Northwest corner of tbat certain Lease Tract described in Volume 441 et Page 2S3 of the Official Public Records of Chambers County, Texas and an angle point in said line haein dcseribed; 0 . 9 PAGE 5 — 1017.6997 Acres. D. Nonb 76 dea. 47 min. 49 sec. But 2 17.65 feet to a eanerete rigbt -of wap atad er found fa an angle point in said line; North 76 deg: 28 rain. 28 sec. East 304.90 feet to a' /, inch Iran tod, with cap, found for the Northwest cortter of that certain 345 kv Rei'tant Substation Site; North 76 deg. 38 min. 78 sec. East 333.31 feet to a Ys inch iron and with t�vvn found for the DFGDjtMG POINT of a curve to the left, (non -tan8 14orther13. directimbavin a:' Along and around said curve to thi loll, in a Nortluasterly 8 radius d612.96 feet: a central angle of 22• deg. 22 mat. 49 sec., a chord bearing and distance of Not'L)r 64 deg. 59 trim. 40 sec. Fast 237.90 feet, for an arc lcn& of 239.43 - feat to a'% inch iron rod, with cap. found for the TERMINATION POW d etwe a the Westernonost corner of that certain 2A02 acre August 31, 1967 Cand Deed Guardian to l ouston Lighting and Power Comp recorded in Volume 289•st Page 486 of the Deed Records of Chambers County. Texas. and an ertgk point in said Una herein descnbed: North 16 deg. 38 mkL 49 sec. Eist 193.84 feet to 2 % inch iron rod, with cap• found for an exterior Norihean comer of this tract and the Northwest comer of that certain 6.798 sae tract conveyed by Albert Nelson, at al. to Houston Lighting and Power by Deed dated October 11. 1967 and recorded in Volume 291 at Page 376 of the Deed Records of Chambers County. Texas: • HENCE: South 12 dcg.14 min. 55 sec. Bast along an interior Fast lints of this act, the East line of said Lot 8 of Forrest Cove and the West line of said 6.798 acres for a distance of 118455 feet to a'h inch iron rod. with cap, found for an interior comer of this.traet and the Southwest comer of said 6.798 auras. in the Easternmost North line of $aid called 150.443 acres; THENCE: North 76 deg. 42 rain. 03 sec• East along the South Una of said 6.798 acres and the Easternmost Notch line of said called 150.443 acres Car a distance of 250.04.fact to a K inch iron rod, with cap, found for an interior corner of this tract, the Southeast comer of said 6.798 acres and the Easternmost Northeast comer of said called 150.443 acres: in the Wen line of said called 7.093 acres; - THENCE: North 12 deg. 14 min. 55 sec. W csl along an interior West line of this tract, the Fast line of said 6398 aces and the Nest line of said called 7.093 saes. for a distance of 1069.78 feet to a K inch iron rod. with cap. set for the Northernmost corner of said 7.093 - an exterior North comer of this tract. and in the Kist rgln -oi way line off. M. Highway 1405 (300 feet wide light -of- -way). Said point being in a non - tangent curve along said right -of -way line, concave Westerly. • PAGE 6 — 1017.6997 Acres. THENCE: Along and around said curve. to the right. in a Southerly direction. along the West rigbt-of -way line of said F. M. Highway 1405, the East line of this tract, the East line of said called 7.093 acres, the Northernmost East line of the Southern Pacific Railroad (60 feet wide right-of-way), and the Eost Hue of aid called 6333 acres, said curve having a radius of 260020 feet. a chord bowing and 9 distance � h iron rod. 09 rnin 27 sec. East 1319.03 feet, for an arc length of cap, set for the 7ERMIIdAnON POINT of said curve. THENCE: So .oth 12 deg. 27 mat. 52 sec. East 810138 the East lice of this tract. the West line of said F. M. Highway 1405, the East line of said called 6.533 acres. the East late of said called 2.0491 acres, and the East line of said called 8.3232 sass for a distance of. 3789.07 feet to a K inch iron rod, with cap, set for the BEGNNAIG POINT of a crave to OW right. concave Westerly TIONCE: Along and around said curve to the right. along the East and Southeast line of Ibis tract, the West right- of=w8Y line of said F. M. Highway 1405, the East line of said called 8a232 acres, the Sontberaraost East line of said called 1242 acres and the FaA or Sooutbeast lit: ofsaid called 90.8157 acres, said curve 18 sec. having West radius of 5 foe, 6 fact. are chord bearing and distance of South 09 deg. 06 rabh length of 4200.94 feet to a % inch iron rod. with cap,* set at the ictmactioa of the West right -of way line of said F. M Highway 1405 with the Eancrimiast North lire of that certain Haffiton Lighting and Power Company 250'feet wide light deacn"bed in vohnue 276 at Page 469 of the Deed Records of Cbambe s Conaty, Texas, for the Southeast corner of this tract and the Southeast comer of said called 90.8157 acres, THENCE South 78 deg 01 train. 46 sec. West along the Easternmost South line of this tract, the South line of said called 90.8157 acres and the Easternmost North lime of aid H. L & P. Company Track for a distance of 1892.73 feet to a iii inch iron rod found for an angle point in said la:; THENCE: North 78 deg. 29 min. 31 sec. West along the Easternmost South line of this tied, the Southwest line of-said called 90.9157 saes and the FAmernroost Nonth•line•of said H. L. & P. Company Tract, for a distance of 256.14 feat to a K -inch 9 3ivanized iron pipe found for an angle point it said line; THENCE: Nontb 55 deg. 15 mini. 39 sec. West along the Easternmost South line of this vat, the Southwest line of said called90.8157 acres and the Easternmost North line of said-R. L & F. Company T� for a distance of 150 -83 feet to a'i: inch iron rod found for an exterior comer of this tract and the Sauthermnost corner of that certain Houston Llghdn8 and Power Company 250 feet -Aide penal right-of-way described a3 Volume 284 at Page 833 of the Deed Retards of Chambers County. Texas and the Westermuost career of said called 90.8157 acres; • PAGE 7 —1017:6997 Acres. I-HirCE: North 42 deg. 18 min. 43 sec. East• along an interior North line of this tract, tie Northwest line of said called 90.8157 acs> s and the Southeast corner of said H. L & P. Tract last above mentioned, for a distance line 4136.55 the Shepherd inch iron Y ro found m the East One of the Smith League and the West interior comer of this Vac- f an interior comer of said called 90.8157 sera and an exterior comer of said H. L & P. tract last above mentioned; THE14CE: North 12 deg. 14 min. SS sec: West along an interior West We of ibis tract; the East li6c of said Smith U=Pc, the West line of said Shepherd Survey' , the Northernmost W.ast litre of said called 90.5157 acres and the Narthanmost East line of said .H. n & P. van htst above mentioned for a distance of 58.93 feet to a 1 inch iron pipe found for the Northwest comer of said Shepherd Suwty, the Southwest comm of said Short Survey. the Southwest comer of said 1342 acres and the Northemmost NoribWxSt comic of said called 90.8137 acres; THENCE: Continue North 12 do& 14 min SS sec. West along an Interior West line of this tract, the pan line of said Smith League, the West line of said Short Survey, the West line of said 1.242 acres and the Northamsost East line of said H. L & P. tract last above mentioned for a distance of 561.05 feet to a ib lwb imn rod, with cap, i a for an,in eriar comer of this tract and the Southeast coma of said called 286359 acres; TBEN(g: South 77 deg. 20 rain. 56 sex. West•along an interior South line of this tract, the South !me of said called 296.359 of ZS00 ka to a ;5 inch ironetod. with cap, aet�an t . above mentioned, for a distance interior em�ofo this �d'be 13oribeast eom� Northwest called 183 345 acres; & P. tract TONM. South 12 deg. 14 min. 55 sec. East along an interior East line of this tract, the Nortitexttmost West line of said H L & P. Weer lan -above mentioned and the Northam Ease line of said called 183.345 acres for a distance of 489.32 feet to a % inch iron rod, with cap, set for an interior comer of this tract. au interior comer of said l K L & P. tract last above mentioned and the Eaitemmost Southeast coma o! said called 183.345 acres; T}�I�ICE: South 42 deg. l 8'min. 45 sec. West along the Northwest line of said K L & p. Hatt last.above mentioneel, the Southeast line of said called 183345 acres and an interior south line of this tract, for a distance of 4041.34 fees to e'h inch iron rod, with cap, set in the Northeast line of said H: L & P. canal tract for an exterior Southeast comer of this tract. the Southermmat enmer of said tailed 153.345 acres and the Westernmost comer of said H. L & P. tract described in Volume 284 at Page 833; PAi3E 8 — 1017.6997 Ass. THENCE: 'North 55 deg 22 min. 03 sec. West 9110RS a Southwest line of this tract, the Northeast line of said H. L & P. canal tract and the Westatulml S� for an of said called 183.345 acres for a distance of 949.44 feet to 8 % inch iron Prot erior tamer of said called 183.345 saes and the Nortbtn=ost corner of this tract, an int Northeast corner of said H. L & P. canal tract; THENCE; South 77 deg. 50 min. 05 sec. West along an paaior South line of this tract, the Wcstercnost South line of said tailed 183.345 acres and the Northernmost line of said H. L & P. canal tract fore distance of 556.85 feet to a;z inch iron Pipe found for the an exterior Southwest corner of this tract and the Wester�rost Southwest taw of said called 183345 .eras: in the East right -of -way line of West Bay Road high aywid6i unties); . THENCE: North 06 deg. 23 min.!t'l sec. West almlithe Southenanost West line of this pact, the Northernmost West line-of said called 183.345 acres and the East right -Ofway lint of said West-Bay Road for a distance of 202137 fat to a concrete tight -ofway .mwicer (leaning} found for an angle point in said line; THENCE: North 07 deg. 06 min. 38 sec. West along the Southemtnost West line of'this tract, theNortbemmost West 1'me of said called 183345 acres and the East d&-of -way line of said WestBay Road for a distance of 9795 feet to a %inch iron rod, with cap. set for an Southwest comer or said called 286359 Northwest acres; of said called 183.345 acres and THENCE. South 77 deg. 35 min. 01 sec. West along the Westemmost South line of this. tract. over and across West Bay Road, at 81.64 feet pass a % incb iron rod found is the ed West rigb"f-way line of said West Bay Road for �rthC°� er of said ct ll lead and the 20.19 acres, along the South line of said 20.19 acres now or formerly owned by Houston Lighting and Power Corupany, for a total distance of 2075.79 fen to a point on the East bark of Cedar Bayou for the Southwest corner of said called 20.19 acres, the Northwest corner of said Hesston Lgbting and Power Company Tract and the Westemutost Southwest earner of this tract: THENCE: Along and with the meanders of the East bank of Cedar Bayou, along the Northernmost West line of this tract, the West line of said celled 20.19 acres, the West }ins of said called 25.4189 .the Vest line of Said called 30. 07 acres, the acres, t lino of lint of said called 36.297 acres, said called 150.443 baes. and the West bnt of said called 0.0386 of an acre, as follows: North 13 deg. 05 min. 17 sec. East 116.09 feet; North 02 deg. 19 min. 56 sec. Wes1192.02 feet, North 14 deg. 15 min. 31 sec. West 152.30 feet; North 14 deg. 50 ndu. 07 sec. West 159.42 fen: North 14 deg. 24 min. 46 sec. East 48.27 fed;. North 36 derS. 50 min. 20 sec. East 53.76 fcer PAGE 9 - 1017.6997 Acres• North 14 deg_ 31 min. 59 sec. West 315.76 fat; North 67 deg. 58 min. 59 sec. West 63.09 feet; North 03 deg. 36 min. 36 sec. East, 39.78 feet; North 11 deg. SO mia• 27 sec. East 124.63 feet; North 26 deg 07 min. 21 sec. Ease 45.65 tec; North 33 deg. 32 miri• 47 sec- East 132.31 feet; North 44 deg. 36 min. 21 SM East 73.82 feat; North .51 deg. 05 min. 16 sm. East 73.10 feet; South 89 deg. 24 min. 44 sec. East 86.38 feet; North 10 deg. 00 min 43 sea. East 338505 f�: North 25 deg. 55 mia. 48 sec. West 64. North 05 deg. 15 min. 21 sec. West 90.67 tar, North 09 deg 41 min. 12 sec. West 291.96 fat' North 49 deg. 2S min. 42 sec. West 3038 feet; North 29.deg. 26 mia 51 W. West 162.41 feet North 29 deg. 45 tnia. 56 sec. West 92.05 fat; North 25 deg. 58 min• 28 Sgt. West 113.21 feet; North 26 deg. 40 mia. Ol set. West 161.74 fat; Narth 31 deg. 32 min.' 11 sec. West 143.70 feet; North 3l deg S3 mia. 31 sec. West 132.42 fat; North 25 deg. 1S mht.10sec. West 128.55 feet; North 12 deg. 16 min. 34 sm. West 95.14 fat; North 14 deg. 59 min 47 set. East 113.43 feet; North 40 deg. 09 mia 43 sec. East 544.35 feet; North 44 deg. 48 mia 23 sac. East 80.02 feet; North 47 deg. 37 min 45 sec. East 96.72 fat; North 56 deg. 58 mia 29 sec. East 84.40 feet; North 68 deg. 44 min 02 arc- East 87.95 feet; North 79 deg. 36 mia 22 sea. East 50.29 feet; South 80 deg. OD min. 07 sec. East 85 2B fed; South 71 deg. 57 min. 49 sec.East 84.68 feet; Soutb 67 deg. 00 mia 26 sec. East 91.64 fat; South 58 deg. 37 milt. 04 sec. East 75.48 feat; South 65 deg. 04 min. 51• sec. East 143.48 feet; South 53 deg 10 min 45 sec. East 62.94 fat; South 67 deg. 23 mia 01 set• East 120.14 felt; South 72 deg 50 min. 12 sec. EAU 83.63 fat' North 85 deg. 43 mia 25 sec. East 60.73 fed; North 88 deg. 57 mia• 03 sec. East 82.87 fat; North 67 dee. 36 mia 02 sea. East 1'16.16 feet; North 61 deg: 15 rain. 35 sec. East 95.17 feet; North 46 deg. 35 mia 31 sec. East 117.90 feet; North 29 deg. 20 min. 01 set. East 74.33 feet; North 20 deg. 34 min 45 set. East 69.19 fat; Nottb 15 deg. 53 min. 14 set. East 73.58 feet; • PAGE 10 — 1017.6997 Ate- North 10 deg. 17 min. 07 sec. East 141.33 feet; tae the intersection of the Norte 06 deg. 16 min. OS sec. East 9459 weer to a Rom (120 feet wide Tigiu -of- Bast lime of Cedar Bayou with the West line of W est Bay . way) and the West line of said called 10.2306 acres; THENCE: Along and with the meanders of Wes! Bay Road, the W esternrnost Wen line of this tract. the West line of said called 10.2306 acres en t]t*9 W lint of s 0. 41 oaman acre txset of ltmrl descr=ibed in volume 614 at Page County. Texas and the East line of a residue tract out of said called 20.695 aces, as follows: North 01 deg. 14 min. 24 sec. East 104.75 feet; North 02 deg. 03 rain. 55 sec. west 94.22 feet: North Ol deG pOD�JT of eve to the left, f�ave Westady. n Tod •, with M. set for the BEG1I`>N>rl . THENCE: Along and tuvuntl said cures to the left. in a Northwesterly direction along the NC line of said called 10.2306 aeres',be East line of said residue out of said called the W aces and the caeate I most West lime of this °�• said carve haying a radius of 914.93 feet; a cliord bearing and distance o[Nortlr 15 deg 39 reset for the e� 49.10 feet, .foT an an len8b of 49.11 feet to a Ys inch l Tod. "' �' TMNATION p0M of said curve; North l7 deg 01 min. 55 sec. West along the Westem"St West line of this T}iE13CE: _ tract, the East line of said residue out of said called 20.695 errata and tha West line o sand once of 141.89 feet 10 04 go e%terior3Nanhwestf c =orner of thistra I and the Northwest comer Tod' : d calleel d 0.2306 an acre, in the West line of Shell Dock 'toad; TjNCE: North 77 deg. 49 min. 58 sec- East along the Westernmost North line of this tract. and the North line of said called 102305 acres' over and across Shell Dock Road and wear Bay Road+ for a distance of 17491 feet o a Y& inch sand cal d 10.230 tht E. an acres r,glrt•of-way of West Bay Road for the Northeast o e raid called 8.066 acres; interior corner of this tract and the Southwest THENCE- North 00 deg. 5S min. 55 sec. Wer t along the Northernmost West line of this mot. the Eats right -of- -way ]ine of said West Bay Road and the West line of said called 5.066 acres for a distance of 173.66 feet to P con er of said called 7.7203 acT= and an corner of said called 6.066 ag=es, the SOuthwat angle point in the Nortberrunost West line of this va" ; 71$PiCE: North Ol deg. Ol min. 39 sec. West along R ad and the WCst line f said called s tract, the East Tigbt -of way line of said West Bay 7.7203 acres, for a distance of 12537 feet to a concrete fight -of -way maker found for an angle point in said line; PAGE 11- 10-17.6997 Acres. THENCE: North 01 deg. 03 min. 26 sm• west along the N*Mcr mtost West line of this tract, the East right -of way line of said West Bay Road. �e w eat lines sa said called 7.7203 sues, the West line of said called 7.5588 and the Weal fine ofsaid called 75184 acres. ford.929e8� 766..2t8,f Nom comer of said called 7.5184 acres eonstr of said . THENCE: Continue North 01 deg. 03 rain. 26 sec. West along the Noribcounost Wag line of this tract. the East right.of -way line of said Weal Bay Road and the West line of said called 9.7952 saes for a diatartce of 503.56 fed st to ah� hQ off said called caKset for as anglc point in said line and the W estetnroo 92952 acres. THENCE: North 38 deg. 35 min. 00 sec. East along the Not4ternnost West line of this tract, the Northernmost West line of said called 9.2952 acres and the East right =of- -way line of Was, Ban these boundaries a distance e of 169974 fewest °fhland PLACE OF BEGINNING and containing SURVEYOR'S CERTIFICATE 1.7uliene Ramsey. Registered Professional Land Surveyor No. 4379, do hereby certify that the foregoing field notes were Prepared from an actual SM Vey made on the ground, under my supervision. in 7anuasy of 2002 and that all lines, boundaries and landmulm are accuratelydescribed therein. wrl'NESg my hand and seal at Baytown. Texas. this the 31" day of lanuary, A.D., 2002. OF F iene Rstrtsev �� r �cTe,te 'fy egistered Professional land surveyor No. 4379 ,y * ° m 02- 2206b•finwAdn y