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Home My WebLink AboutRes 2010-06 Supporting CR V Hardy MSDCity of West University Place Harris County, Texas RESOLUTION NO. 2010-06 A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS IN SUPPORT OF THE APPLICATION OF CR V HARDY YARDS, L.P. TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) FOR A MUNICIPAL SETTING DESIGNATION (MSD) FOR A PORTION OF THE PROPERTY LOCATED AT 1400 FULTON STREET AND NEARBY PROPERTIES AND ADJACENT PUBLIC RIGHTS OF WAY IN HOUSTON, TEXAS. WHEREAS, Chapter 361 of the Texas Health and Safety Code (the Texas Solid Waste Disposal Act, Subchapter W) authorizes the Texas Commission on Environmental Quality ("TCEQ") to certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application to the TCEQ; WHEREAS, as part of its application to the TCEQ for a Municipal Setting Designation, CR V Hardy Yards, L.P. ("Applicant') is required to provide documentation that the application is supported by the City Council of each municipality that owns or operates a groundwater supply well located not more than five miles from the proposed designated area; WHEREAS, the Applicant is seeking a MSD for a portion of the former Hardy Rail Yard site, commonly known as 1400 Fulton Street, Houston, Texas, described on Exhibit "A" (the "CR V Property") and nearby properties described on Exhibit "B" hereto (the "Nearby Properties") owned by Union Pacific Railroad Company and Gulf States Investment Corp. that are actually or allegedly affected by contaminants originating from the CR V Property. The CR V Property and the Nearby Properties are collectively referred to as the "Site"; WHEREAS, on December 16, 2009 the City Council of the City of Houston, Texas approved and adopted Ordinance No. 2009-1323 (the "Houston Ordinance," copy attached as Exhibit "C") which, among other things, prohibits the potable use of groundwater beneath the Site to a depth of 200 feet; WHEREAS, with the adoption of the Houston Ordinance, the Applicant now desires and intends to submit to the TCEQ an application for certification of a Municipal Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W; WHEREAS, West University owns certain groundwater supply wells, as more fully identified on Exhibit "D" hereto (collectively, the "West University Wells"). The West University Wells are located at the southwest corner of the intersection of Westpark and Wakeforest Road, approximately 4.97 miles southwest of the MSD property; 1450416v.2 0016348/00163 WHEREAS, the designated groundwater identified in the Applicant's City of Houston Municipal Setting Designation Application is shallow, perched groundwater beneath the Site to a depth of 200 feet below ground surface, while the City of West University Place water wells collect water from the Chicot and Evangeline aquifers at depths approximately 2,000 feet below ground surface; and WHEREAS, the Site is approximately 4.97-miles northeast of the wells owned by the City of West University Place and Buffalo Bayou lies between the Site and the wells owned by the City of West University Place. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS THAT: 1. The City of West University Place supports Applicant's application to the TCEQ for certification of a Municipal Setting Designation for the Site described in Exhibits "X'& "B." 2. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED this the day of , ~~Eg1 U4/L't C nc I Members Voting Aye: / F b sp.t.ev , kfig-~, - , u I Members Voting No: U f} ouncil Members b ent: to v tte Signed: ~i City Secretary Mayor rEXAf Recommended: L City Manager Approved as to legal form:-~ City Attorney 1450416v.2 0016348/00163 Exhibit A CR V Property PROPERTY OWNED BY CR V HARDY YARDS TRACT 1 Being a 41.933 acre tract of land located in the John Austin Survey, Abstract-I, In Harris County, Texas, said 41.933 acre tract being all of a called 8.1226 acre tract and a portion of a called 35.0258 acre tract both recorded in the nae of32 Hardy Street Partners, L.P., in Harris County Clerk's File (H. C. C. F.) numbers V435947, Vm5457 and V545733; said 41.933 acre tract being more particularly described by metes and bounds as follows: (bearings are referenced to the Texas State Plane Coordinate System, South Central Zone-4204, N.A.D.83): BEGINNING at a 5/8-inch iron rod found at the intersection of the easterly right-of-way (R.O.W.) line of North Main Street (width varies) and the southerly R.O.W. line of Burnett Road (60 feet wide), for the northwest corner of said 8.1226 acre tract for the northwest corner and Paint of Beginning of the herein described tract; Thence, with the southerly R.O.W. line of said Burnett Street and the northerly lines of said 8.1226 acre tract and said 35.0258 acre tract the following three (3) courses North 65° 32'15" East, passing at a distance of 757.68 feet a 5/8-inch iron rod set for the northeast corner of said 8.1226 acre tract, being the northwest corner of said 35.0258 acre tract, passing at a distance of 773.81 feet a 518-inch iron rod found for the northeast comer of a called 8.299 acre lease area last defined and amended under H. C.C.F. number W406318, continuing for a total distance of 1730.29 feet to a 5/8-inch iron rod set for an angle point, North 72 ° 32' 32" East, a distance of 269.39 feet to a 5/8-inch iron rod set for an angle point, North 870 42' 48" East, a distance of 430.50 feet to a 518-inch iron rod found for the northwest comer of a called 1.2155 acre tract recorded in the name of Burnett 1.2155 Acres, L. P., H.C.C.F. number Y144031, being the most northerly northeast corner of the herein described tract, Thence, with the west and south lines of said 1.2155 acre tract of the following two (2) courses: South 02° 17' 12" East, a distance of 151.50 feet to a 5/8-inch iron rod set for the southwest corner of said 1.2155 acre tract and an interior corner of the herein described tract; North 87° 42' 48" East, for a distance of 349.50 feet to a 5/8-inch rod set on the westerly R.O.W. line of Hardy Street (60 feet wide per S.F. Noble's Addition as described in Volume 5, Page 69, of the Harris County Deed Records (H.C.D.R.)), for the southeast corner of said 1.2155 acre tract and an interior corner of the herein described tract; Thence, with the westerly R.O.W line of said Hardy Street and an easterly line of said 35.0258 acre tract, South 02° 17' 12" East, a distance of 208.50 feet to a 5/8-inch iron rod found for the southwest intersection of the west R.O W. line of said Hardy Street and the south R.O.W tine of Leona Street (60 feet wide per said S.F. Noble's Addition), being an interior corner of the herein described tract, Thence, with the southerly R.O W. line of said Leona Street and the northerly line of said 35.0258 acre tract, North 87° 42' 48" East, passing at a distance of 260.00 feet a 5/8-inch iron rod set at the intersection of the south R O W. line of said Leona Street and the west R.O. W. line of Elysian Street (60 feet wide per said S. F, Noble's Addition), passing at a distance of 320.00 feet a 5/8- ' inch iron rod set at the intersection of the south R, O.W. line of said Leona Street and the east R.O. W. line of said Elysian Street and continuing for a total distance of 482.11 feet to a 5/8-inch iron rod found for the most easterly corner of said 35.0258 acre tract and the herein described tract; Thence, with the southerly lines of said 35.0258 acre tract and said 8.1226 acre tract the following seventeen (17) courses: South 61° 25' 19" West, a distance of 740.68 feet to a 5/8-inch iron rod found for an angle point; South 620 07' 41" West, a distance of 148.69 feet to a 5/8-inch iron rod set for an angle point; South 50° 36' 00" West, a distance of 23.20 feet to a 5/8-inch iron rod set for an angle point; South 62° 07' 41" West, a distance of 200.00 feet to a 5/8-inch iron rod set for an angle point, South 730 39' 21" West, a distance of 23.20 feet to a 5/8-inch iron rod set for an angle point; South 620 07' 41" West, a distance of 71.69 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right; 299.91 feet along the arc of said curve to the right, having a central angle of 22° 54' 41", a radius of 750.00 feet and a chord that bears South 730 35' 01" West, a distance of 297.92 feet to a 5/8- inch iron rod set for the beginning of a compound curve to the left; 279.91 feet along the arc of said curve to the left, having a central angle of 02° 36' 48", a radius of 6137.05 feet and a chord that bears South 830 43' 58" West, a distance of 279.89 feet to a 5/8- inch iron rod set for the beginning of a compound curve to the right; 133.85 feet along the arc of said curve to the right, having a central angle of 03° 23' 36", a radius of 2260.00 feet and a chord that bears South 84° 07' 22" West, a distance of 133.83 feet to a 5/8- inch iron rod set for an angle point; South 85° 49' 10" West, a distance of 576.55 feet to a 518-inch iron rod set for the southwest corner of aforesaid 35.0258 acre tract and an angle point for the herein described tract; North 25° 41' 37" West, a distance of 49.16 feet to a 5/8-inch iron rod set for an angle point; South 640 39' 51" West, a distance of 117.88 feet to a 5/8-inch iron rod set for an angle paint South 67° 57' 27" West, a distance of 28.81 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right; 305.57 feet along the arc of said curve to the right, having a central angle of 20° 35' 50", a radius of 850.00 feet and a chord that bears South 78° 15' 21" West, a distance of 303.92 feet to a 5/8- inch iron rod set for the most southerly corner of said 8.1226 acre tract and an angle point for the herein described tract, North 240 27' 45" West, a distance of 19.41 feet to a 5/8-inch iron rod set for an angle point, North 090 15' 19" West, a distance of 18.62 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right, 171.85 feet along the arc of said curve to the right, having a central angle of 22° 03' 23", a radius of 446.41 feet and a chord that bears South 870 01' 10" West, a distance of 170.79 feet to a 5/8- inch iron rod set on the easterly R.O W line of aforesaid North Main Street, for the southwest corner of aforesaid 8.1226 acre tract and the herein described tract; Thence, with the east R.O.W. line of said North Main Street, North 24° 27' 45" West, a distance of 336.46 feet to the Point of Beginning and containing 41.933 acre of land. SAVE AND EXCEPT TRACT 1A AND TRACT 1B, described as follows TRACT 1A Being a 0.1307 acre tract of land located in the John Austin Survey, Abstract-1, in Harris County, Texas, said 01307 acre tract being all of the R,O W. of Elysian Street (60 feet wide per S. F. Noble's Addition as described in Volume 5, Page 69, H C.D,R.) located in the aforementioned 35.0258 acre tract; said 0.1307 acre tract being more particularly described by metes and bounds as follows, (s arc referenced to the Texas State Plane Coordinate System, South Central Zone- 4204, N.A.D. 83): Beginning at a 5/8-inch iron rod set at the intersection of the south R.O.W. line of Leona Stre t e (60 feet wide per said S.F. Nobel's Addition) and the west R.O.W. line of Elysian Street (60 feet wide per said SY Noble's Addition), for the northwest corner of the herein described tract; Thence, with the south line said Leona Street, crossing said Elysian Street, North 87° 42' 48" East, a distance of 60.00 feet a 5/8-inch iron rod set at the intersection of the south R.O. W. line of said Leona Street and the east R.O.W. line of said Elysian Street for the northeast corner of the herein described tract; Thence, through and across said 35.0258 acre tract and with the east R.O.W. line of said Elysian Street, South 020 17' 12" East, a distance of 80.09 feet to a 5/8-inch iron rod set on the south line of said 35.0258 acre tract for the southeast corner of the herein described tract; Thence, with the southerly line of said 35.0258 acre tract and across said Elysian Street, South 610 25' 19" West, a distance of 66.92 feet 5/8-inch iron rod set on the westerly R O W of said Elysian Street for the southwest comer of the herein described tract; Thence, through and across said 35.0258 acre tract and with the west R.O. W, line of said Elysian Street, North 020 17' 12" West, a distance of 109.73 feet to the POINT OF BEGINNING and containing 0.1307 acre of land. TRACT 18 Description of a 9.7987 acre (426,832 square feet) parcel of land being all of a called 8.1226 acre tract and part of a called 35.0258 acre tract described in a Special Warranty Deed to Hardy street Partners, L.P filed for record under Harris County ClerKs File No. V545732, out of the John Austin Survey, Abstract No. 1, in the City of Houston, Harris County, Texas, said 9.7987 acre tract being more particularly described as follows (All bearings are based on the North American Datum of 1983 of 0.999893351) (NAD83), Texas State Plane Coordinate System, South Central Zone. All distances and bearings are surface and may be converted to grid by multiplying by a scale factor Beginning at a chiseled "X" (X = 3,123,492 61, Y = 13,847 ,839,63) in a concrete wall found for the intersection of the easterly right-of-way line of North Main Street (width varies) and the southerly right-of-way line of Burnett Street (60 feet wide), said point being the northwest corner of said called 8.1226 acre tract and of the herein described parcel, THENCE, North 65°32'45" East, along the southerly right-of-way line of Burnett Street, passing at a distance of 757.68 feet a point for the northeast corner of the said 8.1226 acre tract and the northwest corner of the said 35.0258 acre tract, and continuing along said southerly right-of-way line passing at a distance of 773.74 feet a found 5/8-inch iron rod with cap and continuing along said southerly right-of-way line for a total distance of 794,99 feet to a 5/8-inch iron rod with cap set for the northeast corner of the herein described parcel; THENCE, South 24°27'15" East, a distance of 446.94 feet to a 5/8-inch iron rod set for corner of the herein described parcel; THENCE, South 79°11'30" East, a distance of 216 63 feet to a 5/8-inch iron rod set for corner of the herein described parcel; THENCE, North 87°36'39" East, a distance of 122.58 feet to a 5/8-inch iron rod set for a southeasterly corner Of the herein described parcel; THENCE, South 04°10'20" East, a distance of 106.82 feet to a 5/8-inch iron rod set for the most southerly corner of the herein described parcel; THENCE, South 85°49'40" West, a distance of 480.00 feet to a 5/8-inch iron rod found for of the herein described parcel; corner THENCE, North 25°41'07" West, a distance of 49.16 feet to 518-inch iron rod found for the most westerly southwest corner of said 35.0258 acre tract, same being an interior corner of the herein described parcel, THENCE, South 64°40'21" West, along the southerly line of the said 8.1226 acre tract, a distance of 117.88 feet to a 5/8 inch iron' rod with cap found for an angle paint of the herein parcel; described THENCE, South 67°57'57" West, a distance of 28.81 feet to a 5/8-inch iron rod with cap found for the point of curvature of a tangent curve to the right, THENCE, southwesterly, along said curve to the right, having a radius of 850.00 feet, through a central angle of 20°35'49" (the chord bears South 78°15'51" West, a distance of 303.92 feet) an arc distance of 305.56 feet to a 5/8-inch iron rod cap set for an angle point of the herein described parcel; THENCE, North 24°27'15" West, a distance of 19.41 feet to a 5/8-inch iron rod with cap set for an angle point of the herein described parcel, THENCE, North 09°14'49" West, a distance of 18.62 feet to a 5/8-inch iron rod with cap found for an interior corner of the herein described parcel, said point bei right; ng in anon-tangent curve to the THENCE, southwesterly, along said non-tangent curve to the right, having a radius of 446,41 feet, through a central angle of 22°03'23" (the chord bears South 87°01'40" West, a distance of 170.79 feet) an arc distance of 171.85 feet to a 5/8-inch iron rod set in the easterly right-of-way line of the aforementioned North Main Street, said point being the most westerly southwest corner of the herein described parcel, THENCE, North 24°27'15" West, along the easterly right-of-way line of said North Main Street, a distance of 336.46 feet to the POINT OF BEGINNING and containing a computed area of 9.7987 acres (426,832 square feet) of land TRACT2 Being a 1.2155 acre tract of land located in the John Austin Survey, Abstract-1, in Harris County, Texas; said 1.2155 acre tract being part of a called 35.0258 acre tract recorded in the name of Hardy Street Partners, L.P., in Harris County Clerk's File (H C C F 1 numbers V435947, V545732 and V545733 and all of a called 1 2155 acre tract recorded in the name of Burnett 1.2155 Acres, LP., H.C.C.F, number Y144031; said 1.2155 acre tract being more particularly described by metes and bounds as follows; (bearings System, are referenced to the Texas State Plane Coordinate South Central Zone-4204, N.A.D.83): COMMENCING at a 5/8-inch iron rod found at the intersection of the easterly right-of -way (R.O.VV) line of North Main Street (width varies) and the southerly R.O.W, line of Burnett Road f60 feet wide), for the northwest corner of a called 8.1226 acre tract recorded in the name of Hardy Street Partners, LP., in H.C.C.F, numbers V435947, V545732 and V545733; Thence, with the southerly R.O.W. line of said Burnett Street and the northerly line of said 8.1226 acre tract and said 35.0258 acre tract the following three (3) courses: North 650 32' 15" East, passing at a distance of 757.68 feet a 5/8-inch iron rod set for the northeast corner of said 8.1226 acre tract, being the northeast corner of said 35.0258 acre tract, passing at a distance of 773.81 feet a 5/8-inch iron rod found for the northeast corner of a called 8.299 acre lease area last defined and amended under H. C.C.F. number W406318, continuing for a total distance of 1730.29 feet to a 518-inch iron rod set for an angle point, North 720 32' 32" East, a distance of 269.39 feet to a 5/8- inch iron rod set for an angle point; North 870 42' 48" East, a distance of 430.50 feet to a 5/8-inch iron rod found for the northwest corner of said 1.2155 acre tract and POINT OF BEGINNING of the herein described tract, Thence, continuing with the southerly R.O.W. line of said Burnett Street and the northerly line of said 1.2155 acre tract, North 87° 42' 48" East, a distance of 349.50 feet to an "X" out in concrete found at the intersection of the south R.O.W. line of said Burnett Street and the west R.O.W line of Hardy Street (60 feet wide per S.F. Noble's Addition as described in Volume 5, Page 69, of the Harris County Deed Records (H.C.D.R.)), for the northeast corner of said 1.2155 acre tract and the herein described tract, Thence, with the west R.O. W. line of said Hardy Street and the east line of said 1.2155 acre tract, South 020 17' 12" East, a distance of 151.50 feet to a 5/8-inch rod set for the southeast corner of said 1.2155 acre tract and the herein described tract, Thence, with the south and west lines of said 1.2155 acre tract the following two (2) courses: South 870 42' 48" West, for a distance of 349.50 feet to a 5/8-inch iron rod set for the southwest corner of said 1.2155 acre tract and the herein described tract; North 020 17' 12" West, a distance of 151.50 feet to the Point of Beginning and containing 1.2155 acres of land. TRACT 3 Description of a 1.3774 acre (60,000 square feet) tract of land located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 1.3774 acre tract being more particularly described as follows (with bearing are referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27) Beginning at a 518 inch iron rod with plastic cap set for the intersection of the easterly right-of-way line of Maury Street (60 feet wide) and the southerly right-of-way line of Brooks Street (60 feet wide), said point being the northwest corner of the herein described tract; THENCE, North 87°43'18" East, along the southerly right-of-way line of Brooks Street, a distance of 200.0 feet to a 5/8 inch iron rod with plastic cap set in the westerly right-of-way line of Maffitt Street (width varies) for the northeast corner of the herein described tract: THENCE, South 02°16'42" East, along the westerly right-of-way line of said Maffitt Street, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap set in the northerly right-of-way line of Burnett Street (60 feet wide) for the southeast corner of the herein described tract; THENCE, South 87.43'18" 'Nest , along the northerly right-of-way line of said Burnett Street, a distance of 200.00 feet to a 5/8 inch iron rod with plastic cap set in the easterly right-of-way line of said Maury Street for the southwest corner of the herein described tract: THENCE, North 02°16'42" West, alonOFg the easterly right-of-way line of said Maury Street, a distance 300.00 feet to the POINT BEGINNING and containing a computed area of 1.3774 acres (60,000 square feet) of land. TRACT 4 Description of a 1.377 acre (60,000 square feet) tract of land being all of Block 63 according to the plat thereof recorded under Volume 5, Page 69 of the S.F. NOBLES ADDITION, NORTHSIDE OF BUFFALO BAYOU Harris County Deed Records and being the same 1.3774 acre tract described in a deed to Rubber Applicators, Inc as recorded under Harris County Clerk's File No. H047380, located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 1.377 acre tract being more particularly described as follows (with bearing are referenced to the Texas State Plane Coordinate System, . NAD27) South Central Zone, BEGINNING at a 5/8 inch iron rod with plastic cap found at the intersection of the westerly right- of-way line of Maury Street (60 feet wide as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) and the southerly right-of-way line of Burnett Street (60 feet wide, as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU)), for the northeast comer of this herein described tract; THENCE, South 02°16'42" East, along the westerly right-of-way line of said Maury Street, and the easterly line of said Block 63, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap set in the northerly right-of-way line of Leona Street (60 feet width as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) for the southeast corner of this herein described tract, THENCE, South 87°43'18" West, along the northerly right-of-way line of said Leona Street, a distance of 200,00 feet to a 5/8 inch iron rod with plastic cap set in the easterly right-of-way line of Elysian Street (60 feet wide as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) for the southwest corner of this herein described tract, THENCE, North 02°16'42" West, along the easterly right-of-way line of said Elysian Street, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap set in the southerly right-of-way line of aforesaid Burnett Street for the northeast corner of this herein described tract; THENCE, North 87°43'18" East, along the southerly right-cf-way line of the aforesaid Burnett Street, a distance of 200.00 feet to the POINT OF BEGINNING and containing a computed area of 1.377 acres (60,000 square feet) of land. TRACT 5 Description of a 0.9474 acre (41,267 square feet) tract of land located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 0 9474 acre tract being more particularly described as follows (with bearing are referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27). Beginning at a 5/8 inch iron rod with plastic cap set for the intersection of the easterly right-of-way line of Maury Street (60 feet wide) and the southerly right-of-way line of Burnett Street (60 feet wide), said point being the northwest corner of the herein described tract; THENCE, North 87°43'18" East, along the southerly right-of-way line of Burnett Street, a distance of 202.50 feet to a point in the westerly right-of-way line of Maffitt Street (width varies) for the northeast corner of the herein described tract, THENCE, South 11'49'18" West, a distance of 105,79 feet to an angle point for the herein described tract; THENCE. South 24°53'50" West, a distance of 82.17 feet to a 5/8 inch iron rod with plastic cap set for beginning of a non-tangent curve to the right, THENCE, southwesterly, along said curve to the right having a radius of 342.78 feet through a central angle of 31'35'15" (the chord bears South 45°58'01" West, a distance of 186.59 feet) an arc distance of 188.98 feet to a 5/8 inch iron rod with plastic cap set in the easterly right-of-way line of said Maury Street for the southwest corner of the herein described tract; THENCE, North 02'16'42" West, along the easterly right-of-way line of said Maury Street, a distance of 299.96 feet to the POINT OF BEGINNING and containing a computed area of 0.9474 acres (41,267 square feet) of land. Exhibit B Nearby Properties PROPERTY OWNED BY GULF STATES INVESTMENTS CORPORATION TRACT1 Description of a 2.723 acre (118,621 square feet) tract of land being all of a called 0.472 acre tract recorded in File Number 20090238635 of the Harris County Official Public Records of Real Property (H.C.O.P.R.R.P.I all of a called 57,439 square feet tract recorded in Volume 6350 Page 319 of the Harris County Deed Records (H.C.D R ) and the residue of , square feet tract recorded in Volume 6343, Page 25 of said a call called 50,706 H. C. D. R. and situated the John Austin Survey, Abstract No. 1, in Harris County. Texas, said 2.723 acre tract being more particularly described as follows (with bearings referenced to the Texas Coordinate System of 1983, South Central Zone); BEGINNING at a i Ch ron pipe found at the intersection of the westerly right-cf-way line of apman Street (a 60 feet wide right-of-way) and the north right-of-way line of Conti Street (a 60 feet wide right-of-way) and the southeast corner of said 57,439 square feet tract; THENCE. South 57005'39" West, along the northerly right-of-way line of said Conti Street, a distance of 478.51 feet to a point for the southwest corner of said 50,706 square feet tract in the easterly right-of-way line of High Street (a 40 feet wide right-of-way); THENCE, North 18°36'36" West, along the easterly right-of-way line of said High street, a distance of 131,04 feet to a PK nail set for the southwest corner of a called 0234 acre tract recorded in File Number 20090238634 of said H.C.O.P.R.R.P.; THENCE, North 57004'02" East, along the southerly line of said 0.234 acre tract, a distance of 102.52 feet to an "X" in concrete set for the southeast corner of said 0.234 acre tract; THENCE, North 18°40'02" West, along the easterly line of said 0.234 acre tract, passing at a distance of 98.00 feet an "X" in concrete set for the northeast of corner of said 0,234 acre tract and the southwest corner of said 0.472 acre tract, and continuing along the westerly line of said 0.472 acre tract for a total distance of 173.24 feet to a 518" iron rod with plastic cap stamped "SURVCON INC" set for the northwest corner of said 0.472 acre tract, THENCE, Nort h 62°09'12" East, along the northerly line of said 0.472 acre tract, a distance of 197 .213 feet to an angle point from which a iron rod bears South 14°03' East, a distance of 1 0.81 97 feet; THENCE, North 62029'12" East, continuing along the northerly line of said 0.472 acre tract, a distance of 80.61 feet to a point for the northeast corner of said 0.472 acre tract and the most northerly northwest corner of said 57,439 square feet tract from which a found 5!8' iron rod bears North 26°17' West, a distance of 1.81 feet; THENCE, North 62008'24" East, along a northerly line of said 57.439 square feet tract, a distance of 97.92 feet to a point for the northeast corner of said 57.439 square feet tract in the westerly right-of-way line of said Chapman Street, from which a found ''Y.." iron pipe bears North 20°57' West, a distance of 1.05 feet; THENCE, South 17014'36" East, along the westerly right-of-way line of said Chapman Street, a distance of 271.44 feet to the POINT OF BEGINNING, and containing a computed area of 2.723 acres (118,621 square feet). PROPERTY OWNED BY UNION PACIFIC RAILROAD TRACT 1 All that certain tract or parcel containing 1.4576 acres of land known as Tract 1, same being comprised of Lots 1, 2, 3, 4, 5A, 6, 7A, 9, 10, 11, 12 & 15 in Block 2, Tracts 1 and 8 in Block 3 and Tracts 13 and 14 in Block 5, each in Trenton Addition, an unrecorded subdivision situated in the John Austin Survey, A-1 in Harris County, Texas, said Tract 1 also being comprised of all or part of those certain tracts of land as described in Volume 20, Page 262, Volume 53, Page 368, Volume 100, Page 173, Volume 131, Page 192, Volume 131, Page 194, Volume 795, Page 5 and Volume 964, Page 86 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a rail road spike in asphalt (found) marking the intersection of the Northeast right-of-way line of Daly Street, (variable width), with the Southeast right-of-way line of Trenton Street, (aka Burnett Street, variable width), same point marking the Westerly corner of that certain call 0.7868 acre tract of land out of Block 5 in said Trenton Addition as described in a deed filed for record under Harris County Clerk's File No. H-697906; THENCE N 17°43'52" E, a distance of 74.94 feet, (call N 19054'00" E. 75.00 feet), along the Southeast right-of-way line of said Trenton Street and the Northwest line of said 0.7868 acre tract of land to a 5/8" iron rod in asphalt (found) marking the Northerly corner of said 0.7868 acre tract of land and the most Westerly corner and POINT OF BEGINNING of the herein described Tract 1; THENCE N 15024'23" E, a distance of 1.75 feet along the Southeast right-of-way line of said Trenton Street to a rail road spike in asphalt (found) for angle point marking an interior corner of the herein described Tract 1; THENCE N 65032'47" E, a distance of 92.86 feet along the Southeast right-of-way line of said Trenton Street to a 5/8" iron rod with G S. cap (found) for angle point marking an interior corner of the herein described Tract 1; THENCE S 24027'01" E, a distance of 15.39 feet along the Southeast right-of-way line of said Trenton Street to a p.k. nail with Terra Surveying Shiner (found) for angle point marking an interior corner of the herein described Tract 1; THENCE N 62010'32" E, a distance of 261.79 feet along the Southeast right-of-way line of said Trenton Street to a 5/8" iron rod with G. S. cap (found) marking the intersection of the Southeast right-of-way line of said Trenton Street with the Southwest right-of-way line of North Main Street, (variable width), same point marking the Northerly corner of the herein described Tract 1, THENCE S 30033'40" E. a distance of 368.71 feet along the Southwest right-of-way line of said North Main Street to a 5/8" iron rod with G. S. cap (found) marking the intersection of the Northeast right-of-way line of said Daly Street with the Southwest right-of-way line of said North Main Street, same point marking the Easterly corner of the herein described Tract 1, THENCE N 66057'34" W, a distance of 12.74 feet along the Northeast right-of-way line of said Daly Street to a 5/8" iron rod with G. S. cap (found) for angle point marking an interior comer of the herein described Tract 1; THENCE S 78014'55" W, a distance of 78.15 feet along the Northeast right-of-way line of said Daly Street to a 5/8" iron rod with G. S, cap (found) in the Southeast line of said 0.7668 acre tract of land marking the Southerly corner of the herein described Tract 1, THENCE N 17°45'53" E, (call N 19°54'00" E), a distance of 43.17 feet along the Southeast line of said 0.7668 acre tract of land to a 5/8" iron rod with G. S. cap (found) marking the Easterly corner of said 0, 7668 acre tract of land and an interior corner of the herein described Tract 1; THENCE N 72°17'25" W, a distance of 457,03 feet, (call N 70°06'00" W, 475 00 feet), along the Northeast line of said 0.7668 acre tract of land to the POINT OF BEGINNING and containing 1.4576 acres of land. TRACT 2 All that certain tract or parcel containing 6.4436 acres of land known as Tract 2 in the John Austin Survey, A-1 in Harris County, Texas, said Tract 2 also being comprised of all of Tracts 1E-1 and R-1 out of those certain tracts of land as described in Volume 18, Page 149, Volume 18, Page 155 both in the Harris County Deed Records and under Clerk's File No 8-422875, said Tract 2 being more particularly described by metes and bounds as follows. BEGINNING at a 5/8" iron rod (found) in the Northeast right-of-way line of North Main Street, (variable width), marking the Southwest corner of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 and the Northwest corner of the herein described Tract 2, same point being radius of 446.41 feet; in a curve to the left having a THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 2, with said curve to the left through a central angle of 22003'32", (call 22003'24"), a chord bearing and distance of N 87°04'26" E, 170.81 feet, (call N 87°01'40" E, 170.79 feet), an arc distance of 171.87 feet, (call 171.85 feet), to a 5/8" iron rod with Clark Geogram cap (found) marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2; THENCE S 09029'38" E. a distance of 18.56 feet, (call S 09°15'19" E, 18.62 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point of said 41.933 acre tract of land and an angle point of the herein described Tract 2; T HENCE S 24019'25" E, (call S 24027'45" E), a distance of 19.41 feet along the common line of cre tract said 41 land mark ing9in33 corner of saidn41.933 acre tract of 5/8" iron rod and nit inf laor corner of ct he (herein) described Tract 2, same point being in a curve to the left having a radius of 850.00 feet; THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 2, with said curve to the left through a central angle of 20°35'47", (call 20035'49"), a chord bearing and distance of N 78013'33" E, 303.91 feet, (call N 78015'21" E, 303.92 feet), an arc distance of 305.55 feet, (call 305.56 feet), to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2; THENCE N 68°1114" E, a distance of 28.85 feet, (call N 67057'27' E, 28.81 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2, THENCE N 64028'01" E, a distance of 117.90 feet, (call N 64039'51" E, 117.88 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2, THENCE S 25°45'18" E. a distance of 49.45 feet, (call S 25°41'37" E, 49.16 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior comer of the herein described Tract 2; THENCE N 85049'04" E, (call N 85049'10" E), a distance of 469.45 feet along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with EIC cap (set) (found) marking the Northeast corner of the herein described Tract 2 and the Northwest corner of that certain 4.7470 acre tract of land known as Tract 3, said Tract 3 being comprised of Tract 1 in Block 49 of the S. F. Nobles Subdivision, a subdivision in said Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, and Tracts R4, R7A and R7B situated in said John Austin Survey, A-1, said Tract 3 also being out those certain tracts of land as described in said Volume 18, Page 149, said Volume 18, Page 155, Volume 21, Page 539, Volume 21, Page 540, Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed Records; THENCE S 04014'51" E, (call S 01°57'46" E), a distance of 232.16 feet along the common line of said Tracts 2 and 3 to a 3/8" iron rod (found bent) marking the Northeast corner of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. M-662374 and the Easterly-Southeast comer of the herein described Tract 2; THENCE S 85043'20" W. a distance of 737.81 feet, (call S 88002'14" W, 737.80 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to an "x' in concrete (found) marking the Northwest corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, from this point a punch mark in concrete (found) bears S 30003'59" W, 0,41 feet; THENCE S 17049'39" W, a distance of 29.62 feet, (call S 20017'43" W, 29.65 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to a 5i8" iron rod with G. S. cap (found) marking an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, same point being in a curve to the right having a radius of 214.66 feet; THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 16°28'41", (call 16028'17"), a chord bearing and distance of S 63049'39" E, 61.52 feet, (call S 61028'08" E, 61.50 feet), an arc distance of 61.73 feet, (call 61.71 feet), to an "x' in concrete (found) marking a point of tangency, an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2; THENCE S 55012'21" E. a distance of 78.73 feet, (call S 53014'00" E, 78.76 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to an 'x' in concrete (found) for angle point marking an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, same point marking the being of a curve to the right having a radius of 385 84 feet, THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 07013'34", a chord bearing and distance of S 51°57'07' E, (call S 49037'13" E), 48.63 feet, an arc distance of 48.66 feet to an "x" in concrete (found) marking a point of tangency, an interior comer of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2; THENCE S 48020'20" E, (call S 46000'26" E), a distance of 100.78 feet along the common line of said Tract 2 and said 1.6444 acre tract of land to an "x" in concrete (found) for angle point marking an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, same point marking the being of a curve to the right having a radius of 471.64 feet, THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 08°47'08", a chord bearing and distance of S 43°56'45" E, (call S 41°36'51" E), 72.25 feet, an arc distance of 72.32 feet to an "x" in concrete (found) in the Northwest right-of-way line of Naylor Street, a 60.00 foot right-of-way for street, road and highway purposes as described in an instrument filed for record in Volume 2047, Page 146 of said Harris County Deed Records marking the Southwest corner of said 1.6444 acre tract of land and the Southerly-Southeast corner of the herein described Tract 2; THENCE S 6546'35" W, (call S 68009'30" W), a distance of 84.31 feet along the Northwest right- of-way line of said Naylor Street and the Southerly line of said Tract 2 to a 5/8" iron rod with G. S. cap (found) marking the most Southeasterly corner of Restricted Reserve "B" in Block 1 of Telecom Subdivision, a subdivision in said Harris County, HTexas according to the map or plat thereof filed for record under Film Code No. 484135 of the arris County Map Records and the Southerly-Southwest corner of the herein described Tract 2, from which point a P.K, nail with shiner (found) marking the Southwesterly corner of said Restricted Reserve "B" bears S 65055'33" W, 185.59 feet, (call S 68016'53" W, 185.42 feet); THENCE N 42018'59" W, a distance of 275.00 feet, (call N 39055'15" W, 275.05 feet), along the common line of said Restricted Reserve "B" and said Tract 2 to a Y,," iron rod with Maverick Engineering cap (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2, from which point a iron pipe (found) for reference bears S 52026'21" W, 1.11 feet, THENCE N 59027'03" W, (call N 57°05'43" W), a distance of 91.64 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a 3/,° iron rod with Maverick Engineering cap (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; THENCE S 66025'46" W, (call S 65047'06" W), a distance of 12.93 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a p.k. nail with shiner (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; said THENCE N 61 Restricted °26'43" Reserve W, ( "B" call N 59°05'23" W), a distance of 65.94 feet along the common line ofangle and said Tract 2 to a 5/8" iron rod with Prejean cap (found) for point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; N 61°18'49" W, (call N 58057'29" W), a distance of 89.26 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a p.k. nail with shiner (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; THENCE N 67032'52" W, (call N 65111'32" W), a distance 6f 116,47 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a 518" iron rod with Prejean cap (found) for angle pointing the east right-of-way line of said North main Street marking the Northerly corner of said Restricted Reserve "B" and the Westerly-Southwest corner of the herein described Tract 2, THENCE N 26055'56" W, a distance of 135.37 feet to the POINT OF BEGINNING and containinn 6.4436 acres of land. TRACT 3 All that certain tract or parcel containing 4.7470 acres of land known as Tract 3, said Tract 3 being comprised of Tract 1 in Block 49 of the 3 , F Nobles Subdivision, a subdiv Sion in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, and Tracts R4, R7A and R7B situated in the John Austin Survey, A- 1 in said Harris County, Texas, said Tract 3 also being out those certain tracts of land as described in Volume 18, Page 149, Volume 18, Page 155, Volume 21, Page 539, Volume 21, Page 540, Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with G. S. cap (found) in the Easterly line of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. M- 662374 marking the Northwest corner of that certain call 1.7298 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. N-469053 and the Southwest corner of the herein described Tract 3; THENCE N 04°14'51" W, (call N 01°56'46" W), along the common line of said 1 7928 and said 1.6444 acre tracts of land, passing at 2.10 feet a 318 iron rod (found bent) marking the Northeast corner of said 1.6444 acre tract of land and the Easterly-Southeast corner of that certain 6.4436 acre tract of land known as Tract 2 in said John Austin Survey, A-1 in Harris County, Texas, said Tract 2 also being comprised of all of Tracts 1E-1 and R-1 out of those certain tracts of land as described in said Volume 18, Page 149, said Volume 18, Page 155 both in the Harris County Deed Records and under Clerk's File No. B-422875, a total distance of 234.26 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northeast corner of said Tract 2 and the Northwest corner of the herein described Tract 3, THENCE N 85049'04" E, (call N 85°49'10" E), a distance of 107.17 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3, same point marking the beginning of a curve to the left having a radius of 2,260.00 feet; THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 03°23'29", (call 03°23'36"), a chord bearing and distance of N 84006'20" E, 133.75 feet, (call N 84007'22" E 133.83 feet), an arc distance of 133.17 feet, (call 133.85 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3, same point marking the beginning of a compound curve to the left having a radius of 6,137.05 feet; THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 02036'46", (call 02036'48"), a chord bearing and distance of N 8304413" E, 279.83 feet, (call N 83043'58" E, 279.89 feet), an arc distance of 279.85 feet, (call 279.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3, same point marking the beginning of a compound curve to the left having a radius of 750.00 feet; THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 22054'37", (Cal) 22054'41"), a chord bearing and distance of N 73034'52" E, 297.90 feet, (call N 73035'01" E, 297.92 feet), an arc distance of 299.89 feet, (call 299.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking a point of tangency, an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3; THENCE N 62009'50" E, (call N 62°07'41° E), a distance of 71,69 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/6" iron rod with EIC Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3; THENCE N 73°41'31" E, (call N 73039'21" E), a distance of 23.20 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with Miller Su veying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3, THENCE N 62009'50" E, (call N 62°07'41" E), a distance of 157.19 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with EIC Surveying cap (set) for angle point marking interior corner of said 41.933 acre tract of land and the Northerly-Northeast corner of the herein described Tract 3 and the Northwest corner of that certain 0.1665 acre tract of land known as Tract 4 out of Lot 6 in Block 47 of said S F. Nobles Subdivision, said Tract 4 also being that same tract of land as described in a deed filed for record in Volume 21, Page 633 of said Harris County Deed Records, THENCE S 02012'28" E, a distance of 6119 feet along the common line of said Tracts 3 and 4 to a point for corner on old rail road track marking the Southwest corner of said Tract 4 and an interior corner of the herein described Tract 3; THENCE N 62010'05" E, ,a distance of 125.95 feet along the common line of said Tracts 3 and 4 to a point for corner on old rail road track in the West right-of-way line of McKee Street, (60.00 feet in width), marking the Southeast corner of said Tract 4 and the Easterly-Northeast comer of the herein described Tract 3, THENCE S 02012'28" E, a distance of 71.40 feet along the West right-of-way line of said McKee Street to a 1" iron pipe (found) marking the Northeast corner of Lot 12 in said Block 47 and the Northeast corner of that certain call 1.7652 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. E-735759; THENCE S 62027'18" W, (call S 64°51'00" W), along the common line of said Lot 12, said 1.7652 acre tract of land and said Tract 3, passing at 125.65 feet the Northwest corner of said Lot 12 and the Northeast corner of Lot 1 in Block 4 of the W. E. Champions Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume X, Page 788 (found)Hnrr(he Eastyrght-ofwayrlliine ofd Chapman iron rod king the Northwest corner of Lot 6 in said Block 4 and the Northwest corner of said 1.7652 acre tract of land, a total distance of 511.69 feet to a 5/8" iron rod (found) in the West right-of-way line of said Chapman Street, the East line of Lot 1 in Block 3 of said W. E. Champions Subdivision and the East line of that certain call 57,439 square foot tract of land s described in a deed filed for record under Harris County Clerk's File No. C-3005200 markiang an interior comer of the herein described Tract 3; THENCE N 17°19'21° W (call N 14°53'00" W), a distance of 12.27 feet along the West right-of- way line of said Chapman Street, the East line of said Lot 1 in Block 3 and the common line of said Tract 3 and said 57,439 square foot tract of land to a 1" iron pipe (found) marking the Northeast corner of said Lot 1 in Block 3, the Northeast corner of said 57,439 square foot tract of land and an interior corner of the herein described Tract 3; THENCE S 62035'50" W, a distance of 97.85 feet, (call S 64030'00" W, 97.94 feet), along the common line of said Lot 1 in Block 3, said Tract 3 and said 57,439 square foot tract of land to 5/8" iron rod (found bent) for angle point marking the Northwest corner of Lot 2 in said Block 3, an interior corner of said 57,439 square foot tract of land, the Northeast corner of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3, THENCE S 60038'46" W, a distance of 80.86 feet, (call S 64050'00" W, 80,61 feet), along the common line of said Tract 3 and said 1.7298 acre tract of land to a i:-' iron rod (found bent) for angle point marking an interior corner of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3; THENCE S 61057'09" W, a distance of 321.61 feet, (call S 64°30'00" W. 325.84 feet), along the common line of said Tract 3 and said 1.7298 acre tract of land to a5/8" iron rod (found bent) for angle point marking an interior corner of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3, THENCE N 04003'58" W, a distance of 68.15 feet, (call N 01052'46"E, 68.32 feet), along the common line of said Tract 3 and said 1.7298 acre tract of land to a Y:" iron rod (found bent) for angle point marking an interior corner of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3; THENCE S 85045'01" W, a distance of 224 90 feet, (call S 88°02'14" W, 224.86 feet), along the common line of said Tract 3 and said 1.7298 acre tract of land to the POINT OF BEGINNING and containing 4.4740 acres of land. TRACT 4 All that certain tract or parcel containing 0.1665 acres of land known as Tract 4, said Tract 4 being comprised of Tract 6 in Block 47 of the S. F. Nobles Subdivision, a subdivision in Harris C ounty, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the p Records Harris , said Volume 21 nPagee633 of the Harris County DeedbRe Records andabeing more particularly described by metes and bounds as follows: COMMENCING at a 5/8" iron rod with G. S. cap (found) in the Easterly line of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. M-662374 marking the Northwest corner of that certain call 1.7298 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. N-469053 and the Southwest corner of that certain 4.7470 acre tract of land known as Tract 3, said Tract 3 being Te aslaccordng totthe map the S- F filedlforSrecordlin Volume subdivision , Page 69 of the Harris County Map Records, and Tracts R4, R7A and R78 situated in the John Austin Survey, A-1 in said Harris County, Texas, said Tract 3 also being out those certain tracts of land as described in Volume 18, Page 149, Volume 18, Page 155, Volume 21, Page 539, Volume 21, Page 540, Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed Records; THENCE N 04014'51" W, (call N 01056'46" W), along the common line of said 1 7928 and said 1.6444 acre tracts of land, passing at 2.10 feet a 3/8" iron rod (found bent) marking the Northeast corner of said 1.6444 acre tract of land and the Easterly-Southeast corner of that certain 6.4436 acre tract of land known as Tract 2 in said John Austin Survey, A-1 in Harris County , Texas, said Tract 2 also being comprised of all of Tracts 1E-1 and R-1 out of those certain tracts of land as described in said Volume 18, Page 149, said Volume 18, Page 155 both in the Harris County Deed Records and under Clerk's File No B-422875, a total distance of 234.26 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northeast corner of said Tract 2 and the Northwest corner of said Tract 3; THENCE N 85049'04" E, (call N 85049'10" E), a distance of 107.17 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, same point marking the beginning of a curve to the left having a radius of 2,260.00 feet; THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 03°23'29", (call 03°23'36"), a chord bearing and distance of N 84°06'20" E, 133.75 feet, (call N 84°07'22" E, 133.83 feet), an arc distance of 133.17 feet, (call 133.85 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41 933 acre tract of land and an interior corner of said Tract 3, same point marking the beginning of a compound curve to the left having a radius of 6,137,05 feet, THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 4, with said curve to the left through a central angle of 02°36'46", (call 02036'48"), a chord bearing and distance of N 83044'13" E. 279,83 feet, (call N 83043'58" E, 279.89 feet), an are distance of 279.85 feet, (call 279.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41,933 acre tract of land and an interior corner of said Tract 3, same point marking the beginning of a compound curve to the left having a radius of 750.00 feet. THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 4, with said curve to the left through a central angle of 22054'37", (call 22054'41"), a chord bearing and distance of N 73°34'52" E, 299.89 feet, (call N 73°35'01" E, 297.92 feet), an arc distance of 299.89 feet, (call 299.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking a point of tangency, an interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3; THENCE N 62009'50" E, (call N 62°07'41" E), a distance of 71.69 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3; THENCE N 73°41'31" E, (call N 73039'21" E), a distance of 23.20 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, THENCE N 62009'50" E, (call N 62°0741" E), a distance of 157.19 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with EIC Surveying cap (set) for angle point in the West line of said Block 47 marking an interior corner of said 41.933 acre tract of land, the Northerly-Northeast corner of said Tract 3 and the Northwest corner and POINT OF BEGINNING the herein described Tract 4; THENCE N 62009'50" E. (call N 62007'41" E), a distance of 43.01 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/6" iron rod with EIC Surveying cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 4; THENCE N 5003810" E, (call N 50°38'08" E), a distance of 23.20 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 4; THENCE N 62°09'50" E. (call N 62°07'41" E), a distance of 62.43 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (set) in the West right-of-way tine of McKee Street, (60.00 feet in width) marking the Northeast corner of the herein described Tract 4; THENCE S 02012'28" E, a distance of 66.44 feet along the West right-of-way fine of said McKee Street and the East line of said Tract 4 to a point for corner on old rail road track in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S F. Nobles Subdivision marking the Southeast corner of the herein described Tract 4 and the Easterly-Northeast corner of said Tract 3, THENCE S 62010'05" W, a distance of 125.95 feet along the Northwest line of said Southern Pacific Rail Road Company Easement and the common line of said Tracts 3 and 4 to a point for corner on old rail road track marking the Southwest corner of the herein described Tract 4 and an interior corner of said Tract 3; THENCE N 02012'26" W, a distance of 61.29 feet along the common line of said Tracts 3 and 4 to the POINT OF BEGINNING and containing 0.1665 acre of land. TRACT 5 All that certain tract or parcel containing 0.0450 acre of land known as Tract 5 out of Lot 6 in Block 46 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 5 being that same tract of land as described in a deed filed for record in Volume 41, Page 423 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60 00 feet in width), same Point marking the Southeast corner of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48" W. 0.20 feet; THENCE S 02016'50" E, a distance of 60.00 feet to a point for corner marking the intersection of the West right-of-way line of said Maury Street with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 44 of said S. F. Nobles Subdivision, from this point an axle (found bent) bears N 38039'50" E, 0.23 feet; THENCE S 87044'36" W, along the South right-of-way line of said Opelousas Street, passing at 260.00 feet the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 45 of said S. F. Nobles Subdivision, from this point a 1" iron bar (found) bears N 87044'34'E, 0.60 feet, and passing at 460.00 feet the intersection of the West right-of- way line of Hardy Street, (variable width), with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 46 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears S 02016'50" E, 3.27 feet, a total distance of 628.99 feet to a 5/8" iron rod with EIC cap (set) in the North line of said Lot 6 and in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S, F. Nobles Subdivision marking the Northeast corner and POINT OF BEGINNING of the herein described Tract 5, THENCE S 62010'05" W, a distance of 100.32 feet along the Northwest line of said Southern Pacific Rail Road Company Easement and the South line of said Tract 5 to a point for corner on old rail road track in the East right-of-way line of McKee Street, (60.00 feet in width), and the West line of said Lot 6 marking the Southwest corner of the herein described Tract 5, THENCE N 02°12'28" W, a distance of 43.31 feet along the East right-of-way line of said McKee Street and the West line of said Lot 6 to a point for corner an old rail road track marking the intersection of the East right-of-way line of said McKee Street with the South right-of-way line of said Opelousas Street, the Northwest corner of said Lot 6 and the Northwest corner of the herein described Tract 5; THENCE N 87044'36" E a distance of 90.46 feet along the South right-of-way line of said Opelousas Street to the POINT OF BEGINNING and containing 0.0450 acre of land. TRACT 6 All that certain tract or parcel containing 0.0877 acre of land known as Tract 6 out of Lots 1, 11 and 12, each in Block 54 of the S. F. Nobles Subdivision, a subdivision Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 6 being that same tract of land as described in a deed filed for record in Volume 30, Page 288 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a Y," iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears N 15°50'48" W, 0.20 feet; THENCE S 87044'36" W, along the North right-of-way line of said Opelousas Street, passing at 200.00 feet a 5/8" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56, a total distance of 520.00 feet to a point for corner in old rail road track marking the intersection of the West right-of-way line of Hardy Street, (variable width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast corner of said Lot 12 and the Southeast corner and POINT OF BEGINNING of the herein described Tract 6, THENCE continuing S 87044'36" W, along the North right-of-way line of said Opelousas Street, passing at 100.00 feet the Southwest corner of said Lot 12 and the Southeast corner of said Lot 1, a total distance of 124.28 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Southwest corner of the herein described Tract 6; THENCE N 61025'48" E, (call N 61025'19" E), a distance of 138.65 feet along the common line of said 41.933 acre tract of land and said Tract 6 to a 5/8" iron rod with EIC cap (set) in the East line of said Lot 11 and the West right-of-way line of said Hardy Street marking the Northeast corner of the herein described Tract 6; THENCE S 02°15'10" E, along the West right-of-way line of said Hardy Street and the East line of said Lot 11, passing at 11.46 feet the Southeast corner of said Lot 11 and the Northeast corner of said Lot 12, a total distance of 61.46 feet to the POINT OF BEGINNING and acre of land. TRACT 7 All that certain tract or parcel containing 0.3299 acre of land known as Tract 7 out of Lots 1, 2, 3, 9, 10 and 11, each in Block 55 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 7 being that same tract of land as described in deeds filed for record in Volume 26, Page 240 Volume 26, Page 492 and Volume 28, Page 211, each in the Harris County Deed Records, said Tract 7 being more particularly described by metes and bounds as follows COMMENCING at a iron rod (found) marking the intersection of the North right-of-way Ina of Opelousas Street with the West right-of-way line of Maury Street, (both 60 00 feet in width), same point marking the Southeast corner of Lot 12 in said Block 55, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48" W, 0.20 feet. THENCE S 87044'36" W, along the North right-of-way line of said Opelousas Street, passing at 200 00 feet a 5/8" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56, a total distance of 260.00 feet to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast corner of said Lot 12 in said Block 55, THENCE N 02°16'52" W, a distance of 116.55 feet to a point for corner on old rail road track in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50 00 feet in width), as shown on the plat of said S. F. Nobles Subdivision in the West right-of- way line of said Elysian Street and the East line of said Lot 10 marking the Southeast corner and POINT OF BEGINNING of the herein described Tract 7, THENCE S 62010'05" W, a distance of 221.67 feet along the Northwest line of said Southern Pacific Rail Road Company Easement to a point for corner on old rail road track in the East right- of-way line of said Hardy Street, (variable width), and the West line of said Lot 1 marking the Southwest corner of the herein described Tract 7; THENCE N 0201510" W, along the East right-of-way line of said Hardy Street and the West line of said Lot 1, passing at 29.14 feet the Northwest corner of said Lot 1 and the Southwest corner of said Lot 2, a total distance of 70.28 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed fled for record under Harris County Clerk's File No. Y-922883 marking the Northwest corner of the herein described Tract 7, THENCE N 61025'48" E. (call N 61°25'19" E), a distance of 223.03 feet along the common line of said 41.933 acre tract of land and said Tract 7 to a 5/8" iron rod with Miller Surveying cap (found) in the East line of said Lot 9 and the West right-of-way line of said Elysian Street marking the Northeast corner of the herein described Tract 7; THENCE S 02016'52" E, along the West right-of-way line of said Elysian Street and the East line of said Lot 11, passing at 39.99 feet the Southeast corner of said Lot 9 and the Northeast corner of said Lot 10, a total distance of 73 44 feet to the POINT OF BEGINNING and containing 0.3299 acre of land. TRACT8 All that certain tract or parcel containing 0.3408 acre of land known as Tract 8 out of Lots 3, 4, 5, 61 7, 8 and 9, each in Block 56 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 8' being that same tract of land as described in a deed filed for record in Volume 18, Page 431 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F, Nobles Subdivision, from this point a 5/8" iron rod with G. S cap (found) bears N 15050'48" W, 0.20 feet, THENCE N 02°16'50" W, a distance of 240.96 feet along the Wes( right-of-way line of said Maury Street to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of said Maury Street with Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F, Nobles Subdivision, same point being in the East line of said Lot 8 marking the Southeast corner and POINT OF BEGINNING of the herein described Tract 8; THENCE S 62°10'05" W, a distance of 221.68 feet along the Northwest line of said Southern Pacific Rail Road Company Easement to a 5/8" iron rod with EIC cap (set) in the East right-of- way line of Elysian Street, (60.00 feet in width), and the West line of said Lot 3 marking the Southwest corner of the herein described Tract 8; THENCE N 02016'52" W, along the East right-of-way line of said Hardy Street and the West line of said Lot 1, passing at 4.84 feet the Northwest corner of said Lot 3 and the Southwest corner of said Lot 4, and passing at 54.84 feet the Northwest corner of said Lot 4 and the Southwest corner of said Lot 5, a total distance of 74.40 feet to a 5/8" iron rod with Miller Surveying cap (found) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northwest corner of the herein described Tract 8; THENCE N 61°25'48" E. (call N 61025'19" E), a distance of 180.81 feet along the common line of said 41.933 acre tract of land and said Tract 8 to a 5/8" iron rod (found) in the South right-of-way line of Leona Street, (60.00 feet in width), and the North line of said Lot 7 marking the most Easterly corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 8, THENCE N 87043'08" E, (call N 87042'48" E), a distance of 37.89 feet along the South right-of- way line of said Leona Street to a 5/8' iron rod with EIC cap (set) marking the intersection of the South right-of-way line of said Leona Street with the West nghtof-way line of said Maury Street, same point marking the Northeast corner of said Lot 7 and the Northeast corner of the herein described Tract 8, from this point a 518" iron rod (found) bears N 54°29'46" W, 0.49 feet; THENCE S 02016'50" E, along the West right-of-way line of said Maury and the East line of said Lot 7 passing at 50.00 the Southeast corner of said Lot 7and the Northeast corner of said Lot 8 a total distance of 58.87 to the POINT OF BEGINNING and containing 0.3408 acre of land. TRACT 9 All that certain tract or parcel containing 0.0896 acre of land known as Tract 9 out of Lots 1, 11 and 12, each in Block 55 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof fled for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 9 being that same tract of land as described in deeds filed for record in Volume 26, Page 240 Volume 26, Page 492 and Volume 28, Page 211, each in the Harris County Deed Records, said Tract 9 being more particularly described by metes and bounds as follows: COMMENCING at a M" iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 518" iron rod with G. S. cap (found) bears N 15050'48" W, 0.20 feet, THENCE S 87044'36" W, along the North right-of-way line of said Opelousas Street, passing at 200.00 feet a 5/8" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56. a total distance of 260.00 feet to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast corner of said Lot 12 and the Southeast corner and POINT OF BEGINNING of the herein described Tract 9; THENCE continuing S 87044'36" W, along the North right-of-way line of said Opelousas street, passing at 100.00 feet the Southwest corner of said Lot 12 and the Southeast corner of said Lot 1, a total distance of 127.76 feet to a 5/8" iron rod with EIC cap (set) marking the intersection of the North right-of-way line of said Opelousas Street with the Southeast right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F Nobles Subdivision, same point marking the Southwest corner of the herein described Tract 9; THENCE N 62010'05" E, a distance of 141,61 feet along the Southeast right-of-way line of said Southern Pacific Rail Road Company Easement to a 5/8" iron rod with EIC cap (set) in the east line of said Lot 11 marking the intersection of the West right-of-way line of said Elysian Street with the Southeast right-of-way line of said Southern Pacific Rail Road Company Easement, same point marking the Northeast corner of the herein described Tract 9; THENCE S 02016'52" E, along the West right-of-way line of said Elysian Street, passing at 11.13 feet the Southeast corner of said Lot 11 and the Northeast corner of said Lot 12, a total distance of 6113 feet to the POINT OF BEGINNING and containing 0.0896 acre of land. Exhibit C Houston Ordinance City of Houston, Texas, Ordinance No. 2009- Ia? A MUNICIPAL SETTING DESIGNATION ORDINANCE PROHIBITING THE USE OF DESIGNATED GROUNDWATER BENEATH SEVERAL TRACTS OF LAND CONTAINING APPROXIMATELY 53.3516 ACRES, COMMONLY KNOWN AS 1400 FULTON STREET, HOUSTON, HARRIS COUNTY, TEXAS, INCLUDING PARTS OF THE RIGHTS-OF-WAY OF NORTH MAIN STREET, BURNETT ROAD, LEONA STREET, ELYSIAN STREET, HARDY STREET, MAURY STREET, CONTI STREET, MAFFITT STREET, HIGH STREET, CHAPMAN STREET, TRENTON STREET, DALY STREET, NAYLOR STREET, MCKEE STREET, OPELOUSAS STREET AND BROOKS STREET, HOUSTON, HARRIS COUNTY, TEXAS; AND SUPPORTING ISSUANCE OF A MUNICIPAL SETTING DESIGNATION BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Subchapter W, "Municipal Setting Designations," of Chapter 361, "Solid Waste Disposal Act," of the Texas Health and Safety Code authorizes the Texas Commission on Environmental Quality ("TCEQ") to create municipal setting designations; and WHEREAS, on August 22, 2007, by Ordinance No. 2007-959, the City Council adopted Article XIII, of Chapter 47, Code of Ordinances, Houston, Texas, to provide a process for establishing municipal setting designation ordinances; and WHEREAS, Sections 47-765(f) and 47-767(a) of the Code of Ordinances, Houston, Texas, authorize municipal setting designation ordinances that prohibit the use of designated groundwater as potable water and thereby enable the TCEQ to certify a municipal setting designation for designated property; and WHEREAS, on May 26, 2009, CR V Hardy Yards L.P. ("Applicant') applied to the Director of the Public Works and Engineering Department, requesting that the City Council support a municipal setting designation ordinance for property it owns at the 1400 Fulton Street Site located in Houston, Texas 77009; and WHEREAS, on November 5, 2009, the Director of the Public Works and Engineering Department conducted a public meeting as required by section 47- 764, notified the community when the City Council public hearing would occur and notified the community that there would be second public meeting and when the second meeting would occur; and WHEREAS, on November 13, 2009, the Director of the Public Works and Engineering Department received information from Union Pacific Railroad Company that it owned property contiguous to that owned by CR V Hardy Yards, L.P., and that it wished to join the application submitted by CR V Hardy Yards, L.P.; and WHEREAS, on December 3, 2009, the Director of the Public Works and Engineering Department received information from Gulf States Investments Corporation that it owned property contiguous to that owned by CR V Hardy Yards, L.P., and that it also wished to join the application submitted by CR V Hardy Yards, L.P.; WHEREAS, on December 7, 2009, the Director of the Public Works and Engineering Department conducted a second public meeting as required by section 47-764, and notified the community when the City Council public hearing would occur; and WHEREAS, City Council conducted a public hearing on December 9, 2009; and WHEREAS, the City Council finds that: (1) the application meets the eligibility criteria of Section 361.803 of the Texas Health and Safety Code; (2) the municipal setting designation will not have an adverse effect on the current or future water resource needs or obligations of the City of Houston; (3) there is a public drinking water supply system that satisfies the requirements of Chapter 341 of the Texas Health and Safety Code and that supplies or is capable of supplying drinking water to the designated property and property within one-half mile of the designated property; and (4) this Municipal Setting Designation Ordinance is necessary because the concentration of contaminants of concern exceeds human ingestion protective concentration levels, and the establishment of a municipal setting designation will allow the property to be brought back into productive use; and WHEREAS, City Council finds that the Director of the Public Works and Engineering Department on behalf of City Council, in accordance with the Charter of the City of Houston, state law, and the ordinances of the City of Houston, has given the required notices, City Council has held the required public hearing regarding this Municipal Setting Designation Ordinance and all procedural requirements have been satisfied; NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUSTON: Section 1. That for purposes of this Municipal Setting Designation Ordinance, the "designated property" means the several tracts described in Exhibit A, attached to this Ordinance and incorporated by reference herein. Section 2. That for purposes of this Municipal Setting Designation Ordinance, "designated groundwater" means groundwater beneath the designated property to a depth not to exceed 200 feet that is prohibited from use as potable water by this Ordinance. Section 3. That use of the designated groundwater from beneath the designated property as potable water, as that term is defined in section 47-761 of the Code of Ordinances, Houston, Texas, is prohibited. Section 4. That the use of the designated groundwater from beneath public rights-of-way immediately adjacent to the designated property as potable water, as that term is defined in section 47-761 of the Code of Ordinances, Houston, Texas, is prohibited, Section S. That the designated property must receive a certificate of completion or other analogous documentation issued by the TCEQ or the United States Environmental Protection Agency ("EPA") showing that any site investigations and response actions required pursuant to Section 361.808 of the Texas Health and Safety Code have been completed to the satisfaction of the TCEQ or EPA within the time period required by them. Section 6. That the City Council supports the application to the TCEQ for a municipal setting designation on the designated property, with the following comment: (1) The TCEQ and the EPA, as agencies charged to protect human health and the environment, are requested to thoroughly review the conditions on the designated property and issue a certificate of completion only when all contaminants of concern, through the applicable routes of exposure, have been addressed. Section 7. That any person owning, operating, or controlling the designated property remains responsible for complying with all applicable federal and state laws and regulations and all ordinances, rules, and regulations of the City of Houston. The City Council's approval of a municipal setting designation ordinance in itself does not change any environmental assessment or cleanup requirements applicable to the designated property, Section 8. That approval of this Municipal Setting Designation Ordinance shall not be construed to subject the City of Houston to any responsibility or liability for any injury to persons or damages to property caused by any contaminant of concern. Section 9. That within 30 days after adoption of this Municipal Setting Designation Ordinance, the Applicant shall provide the Director of the Public Works and Engineering Department with an electronic file showing the location of the designated property and the designated groundwater in a format compatible with the City's geographic information system and its integrated land management system, and shall provide an electronic file showing the location of the designated property and the designated groundwater to the Harris County Appraisal District in a format compatible with its system. Section 10. That within 30 days after adoption of this Municipal Setting Designation Ordinance, the Director of the Public Works and Engineering Department shall send a certified copy of this ordinance to the Applicant, TCEQ and EPA. Section 11. That the Applicant shall provide the Director of the Public Works and Engineering Department with a copy of the municipal setting designation certificate issued by the TCEQ pursuant to section 361,807 of the Texas Health and Safety Code within 30 days after issuance of the certificate. Section 12. That within 30 days after receipt of the municipal setting designation certificate from the TCEQ, the Director of the Public Works and Engineering Department shall file a certified copy of this Municipal Setting Designation Ordinance in the deed records of Harris County. Section 13. That if any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their applicability to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 14. There exists a public emergency requiring that this Ordinance be passed finally on the date of its introduction as requested in writing by the AYE NO ✓ MAYOR WHITE • • • • COUNCIL MEMBERS LAWRENCE _ JOHNSON ✓ CLUTTERBUCK CAPTION ADOPTED ADAMS SULLIVAN KHAN HOLM GONZALEZ RODRIU R WN LOVELL NORI- EG GR- EEN JONES MAY MI.,. 1,. EXHIBIT A PROPERTY OWNED BY CR V HARDY YARDS TRACT 1 Being a 41.933 acre tract of land located in the John Austin Survey, Abstract-I, In Harris County, Texas; said 41.933 acre tract being all of a called 8.1226 acre tract and a portion of a called 3 Clerk's File (H,C.C,F.) 5.0258 acre tract both recorded in the name of Hardy Street Partners, L.P., in Harris County more particularly d scrib dbby m tes9and bounds as follows: (bearings are referen edttoethe Texas State Plane Coordinate System, South Central Zone-4204, N.A.D.83): BEGINNING at a 5/8-inch iron rod found at the intersection of the easterly right-of-way (R.O.W.) line of North Main Street (width varies) and the southerly R.O.W. line of Burnett Road (60 feet wide), for the northwest corner of said 8.1226 acre tract for the northwest corner and Point of Beginning of the herein described tract; Thence, with the southerly R.O.W, line of said Burnett Street and the northerly lines of said 8.1226 acre tract and said 35.0258 acre tract the following three (3) courses: North 65° 32'15" East, passing at a distance of 757.68 feet a 5/8-inch iron rod set for the northeast corner of said 8.1226 acre tract, being the northwest corner of said 35.0258 acre tract, passing at a distance of 773.81 feet a 5/8-inch iron rod found for the northeast corner of a called 8.299 acre lease area last defined and amended under H.C.C.F. number W406318, continuing for a total distance of 1730.29 feet to a 5/8-inch iron rod set for an angle point; North 72 ° 32' 32" East, a distance of 269.39 feet to a 518-inch iron rod set for an angle point; North 870 42' 48" East, a distance of 430.50 feet to a 5/8-inch iron rod found for the northwest corner of a called 1.2155 acre tract recorded in the name of Burnett 1.2155 Acres, L.P., H.C.C.F. number Y144031, being the most northerly northeast corner of the herein described tract; Thence, with the west and south lines of said 1.2155 acre tract of the following two (2) courses: South 020 17' 12" East, a distance of 151.50 feet to a 5/8-inch iron rod set for the southwest corner of said 1.2155 acre tract and an interior corner of the herein described tract; North 870 42' 48" East, for a distance of 349.50 feet to a 5/8-inch rod set on the westerly R.O.W. line of Hardy Street (60 feet wide per S.F. Noble's Addition as described in Volume 5, Page 69, of the Harris County Deed Records (H.C.D.R.)), for the southeast comer of said 1.2155 acre tract and an interior comer of the herein described tract; Thence, with the westerly R.O.W. line of said Hardy Street and an easterly line of said 35.0258 acre tract, South 020 17' 12" East, a distance of 208.50 feet to a 5/8-inch iron rod found for the southwest Intersection of the west R.O.W. line of said Hardy Street and the south R.O.W, line of Leona Street (60 feet wide per said S.F. Noble's Addition), being an interior corner of the herein described tract; Thence, with the southerly R.O.W. line of said Leona Street and the northerly line of said 35.0258 acre tract, North 870 42' 48" East, passing at a distance of 260.00 feet a 5/8-inch iron rod set at the intersection of the south R.O,W, line of said Leona Street and the west R.O. W. line of Elysian Street (60 feet wide per said S.F. Noble's Addition), passing at a distance of 320.00 feet a 5/8- inch iron rod set at the intersection of the south R.O.W. line of said Leona Street and the east R.O.W. line of said Elysian Street and continuing for a total distance of 482.11 feet to a 5/8-inch Page 1 of 21 iron rod found for the most easterly corner of said 35.0258 acre tract and the herein described tract; Thence, with the southerly lines of said 35.0258 acre tract and said 8.1226 acre tract the following seventeen 07) courses: South 610 25' 19" West, a distance of 740.68 feet to a 5/8-inch iron rod found for an angle point; South 620 07' 41" West, a distance of 148.69 feet to a 5/8-inch iron rod set for an angle point; South 500 36' 00" West, a distance of 23.20 feet to a 5/8-inch iron rod set for an angle point; South 620 07' 41" West, a distance of 200.00 feet to a 5/8-inch iron rod set for an angle point; South 730 39' 21" West, a distance of 23.20 feet to a 5/8-inch iron rod set for an angle point; South 620 07' 41" West, a distance of 71.69 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right; 299.91 feet along the arc of said curve to the right, having a central angle of 22° 54' 41", a radius of 750.00 feet and a chord that bears South 73° 35' 01" West, a distance of 297.92 feet to a 5/8- inch iron rod set for the beginning of a compound curve to the left; 279.91 feet along the arc of said curve to the left, having a central angle of 020 36' 48", a radius of 6137.05 feet and a chord that bears South 83° 43' 58" West, a distance of 279 89 feet to a 5/8- inch iron rod set for the beginning of a compound curve to the right; 133.85 feet along the arc of said curve to the right, having a central angle of 030 23' 36", a radius of 2260.00 feet and a chord that bears South 84° 07' 22" West, a distance of 133.83 feet to a 5/8- inch iron rod set for an angle point; South 850 49' 10" West, a distance of 576.55 feet to a 5/8-inch iron rod set for the southwest corner of aforesaid 35.0258 acre tract and an angle point for the herein described tract; North 25° 41' 37" West, a distance of 49.16 feet to a 5/8-inch iron rod set for an angle point; South 64° 39' 51" West, a distance of 117.88 feet to a 5/8-inch iron rod set for an angle point; South 670 57' 27" West, a distance of 28.81 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right; 305.57 feet along the arc of said curve to the right, having a central angle of 200 35' 50", a radius of 850.00 feet and a chord that bears South 780 15' 21" West, a distance of 303.92 feet to a 5/8- inch iron rod set for the most southerly corner of said 8.1226 acre tract and an angle point for the herein described tract; North 240 27' 45" West, a distance of 19.41 feet to a 5/8-inch iron rod set for an angle point; North 090 15' 19" West, a distance of 18.62 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right, 171.85 feet along the arc of said curve to the right, having a central angle of 220 03' 23", a radius of 446.41 feet and a chord that bears South 870 01' 10" West, a distance of 170,79 feet to a 5/8- inch iron rod set on the easterly R.O.W. line of aforesaid North Main Street, for the southwest corner of aforesaid 8.1226 acre tract and the herein described tract; Page 2 of 21 Thence, with the east R.O.W. line of said North Main Street, North 240 27'45' West, a distance of 336.46 feet to the Point of Beginning and containing 41.933 acre of land. SAVE AND EXCEPT TRACT 1A AND TRACT 1B, described as follows: TRACT 1A Being a 0.1307 acre tract of land located in the John Austin Survey, Abstract-1, in Harris County, Texas; said 0.1307 acre tract being all of the R.O.W. of Elysian street (60 feet wide per S. F. Noble's Addition as described in Volume 5, Page 69, H.C.D.R.) located in the aforementioned 35.0258 acre tract; said 0.1307 acre tract being more particularly described by metes and bounds as follows; (s arc referenced to the Texas State Plane Coordinate System, South Central Zone- 4204, N.A.D 83): Beginning at a 518-inch iron rod set at the intersection of the south R.O.W. line of Leona Street (60 feet wide per said S.F. Nobel's Addition) and the west R.O.W. line of Elysian Street (60 feet wide per said S. F. Noble's Addition), for the northwest corner of the herein described tract; Thence, with the south line said Leona Street, crossing said Elysian Street, North 870 42' 48" East, a distance of 60.00 feet a 5/8-inch iron rod set at the intersection of the south R.O.W. line of said Leona Street and the east R.O. W tine of said Elysian Street for the northeast corner of the herein described tract; Thence, through and across said 35.0258 acre tract and with the east R.O. W, line of said Elysian Street, South 020 17' 12" East, a distance of 80.09 feet to a 5/8-inch iron rod set on the south line of said 35.0258 acre tract for the southeast corner of the herein described tract; Thence, with the southerly line of said 35.0258 acre tract and across said Elysian Street, South 610 25' 19" West, a distance of 66.92 feet 5/8-inch iron rod set on the westerly ROW of said Elysian Street for the southwest corner of the herein described tract; Thence, through and across said 35.0258 acre tract and with the west R.O.W. line of said Elysian Street, North 020 IT 12" West, a distance of 109.73 feet to the POINT OF BEGINNING and containing 0.1307 acre of land. TRACT 1B Description of a 9.7987 acre (426,832 square feet) parcel of land being all of a called 8.1226 acre tract and part of a called 35.0258 acre tract described in a Special Warranty Deed to Hardy Street Partners, L.P. filed for record under Harris County Clerk's File No. V545732, out of the John Austin Survey, Abstract No. 1, in the City of Houston, Harris County, Texas, said 9.7987 acre tract being more particularly described as follows (All bearings are based on the North American Datum of 1983 (NAD83), Texas State Plane Coordinate System, South Central Zone. All distances and bearings are surface and may be converted to grid by multiplying by a scale factor of 0.999893351): Beginning at a chiseled "X" (X = 31123,492.61, Y = 13,847,839.63) in a concrete wall found for the intersection of the easterly right-of-way line of North Main Street (width varies) and the southerly right-of-way line of Burnett Street (60 feet wide), said point being the northwest corner of said called 8.1226 acre tract and of the herein described parcel; THENCE, North 65°32'45" East, along the southerly right-of-way line of Burnett Street, passing at a distance of 757.68 feet a point for the northeast comer of the said 8.1226 acre tract and the northwest corner of the said 35.0258 acre tract, and continuing along said southerly right-of-way line passing at a distance of 773.74 feet a found 518-inch iron rod with cap and continuing along Page 3 of 21 said southerly right-of-way line for a total distance of 794.99 feet to a 5/8-inch iron rod with cap set for the northeast corner of the herein described parcel; THENCE, South 24°27'15" East, a distance of 446.94 feet to a 5/8-inch iron rod set for corner of the herein described parcel; THENCE, South 79°11'30" East, a distance of 216.63 feet to a 5/8-inch iron rod set for corner of the herein described parcel; THENCE, North 87°36'39" East, a distance of 122.58 feet to a 5/8-inch iron rod set for a southeasterly corner of the herein described parcel; THENCE, South 04°10'20" East, a distance of 106.82 feet to a 5/8-inch iron rod set for the most southerly corner of the herein described parcel; THENCE, South 85°49'40" West, a distance of 480.00 feet to a 518-inch iron rod found for corner of the herein described parcel; THENCE, North 25°41'07" West, a distance of 49.16 feet to 5/8-inch iron rod found for the most westerly southwest corner of said 35.0258 acre tract, same being an interior corner of the herein described parcel, THENCE, South 64°40'21" West, along the southerly line of the said 8.1226 acre tract, a distance of 117.88 feet to a 5/8 inch iron rod with cap found for an angle point of the herein described parcel; THENCE, South 67°57'57" West, a distance of 28.81 feet to a 5/8-inch iron rod with cap found for the point of curvature of a tangent curve to the right; THENCE, southwesterly, along said curve to the right, having a radius of 850.00 feet, through a central angle of 20°35'49" (the chord bears South 78°15'51" West, a distance of 303.92 feet) an arc distance of 305.56 feet to a 5/8-inch iron rod cap set for an angle point of the herein described parcel; THENCE, North 24°27'15° West, a distance of 19.41 feet to a 5/8-inch iron rod with cap set for an angle point of the herein described parcel; THENCE, North 09°14'49" West, a distance of 18.62 feet to a 518-inch iron rod with cap found for an interior corner of the herein described parcel, said point being in a non-tangent curve to the right; THENCE, southwesterly, along said non-tangent curve to the right, having a radius of 446.41 feet, through a central angle of 22°03'23" (the chord bears South 87°01'40" West, a distance of 170.79 feet) an arc distance of 171.85 feet to a 5/8-inch iron rod set in the easterly right-of-way line of the aforementioned North Main Street, said point being the most westerly southwest corner of the herein described parcel; THENCE, North 24°27'15" West, along the easterly right-of-way line of said North Main Street, a distance of 336.46 feet to the POINT OF BEGINNING and containing a computed area of 9.7987 acres (426,832 square feet) of land. TRACT 2 Being a 1.2155 acre tract of land located in the John Austin Survey, Abstract-1, in Harris County, Texas; said 1.2155 acre tract being part of a called 35.0258 acre tract recorded in the name of Hardy Street Partners, L.P., in Harris County Clerk's File (H.C.C.F ) numbers V435947, V545732 Page 4 of 21 and V545733 and all of a called 1.2155 acre tract recorded in the name of Burnett 1.2155 Acres, L.P., H.C.C.F. number Y144031; said 1,2155 acre tract being more particularly described by metes and bounds as follows; (bearings are referenced to the Texas State Plane Coordinate System, South Central Zone- 4204, N.A.D.83): COMMENCING at a 5/8-inch iron rod found at the intersection of the easterly right-of,-way (R.O.W.) line of North Main Street (width vanes) and the southerly R.O.W. line of Burnett Road (60 feet wide), for the northwest corner of a called 8.1226 acre tract recorded in the name of Hardy Street Partners, L.P., in H.C.C.F. numbers V435947, V545732 and V545733; Thence, with the southerly R.O. W, line of said Burnett Street and the northerly line of said 8.1226 acre tract and said 35.0258 acre tract the following three (3) courses: North 65° 32' 15" East, passing at a distance of 757.68 feet a 5/8-inch iron rod set for the northeast corner of said 8.1226 acre tract, being the northeast corner of said 35.0258 acre tract, passing at a distance of 773.81 feet a 518-inch iron rod found for the northeast corner of a called 8.299 acre lease area last defined and amended under H.C.C.F. number W406318, continuing for a total distance of 1730.29 feet to a 5/8-inch iron rod set for an angle point; North 720 32' 32" East, a distance of 269.39 feet to a 5/8- inch iron rod set for an angle point; North 87° 42' 48" East, a distance of 430.50 feet to a 5/8-inch iron rod found for the northwest corner of said 12155 acre tract and POINT OF BEGINNING of the herein described tract; Thence, continuing with the southerly R.O.W. line of said Burnett Street and the northerly line of said 1.2155 acre tract, North 87° 42'48" East, a distance of 349.50 feet to an "X" out in concrete found at the intersection of the south R.O.W. line of said Burnett Street and the west R.O.W. line of Hardy Street (60 feet wide per S.F. Noble's Addition as described in Volume 5, Page 69, of the Harris County Deed Records (H.C.D.R.)), for the northeast corner of said 1.2155 acre tract and the herein described tract; Thence, with the west R.O.W. line of said Hardy Street and the east line of said 1.2155 acre tract, South 02° 17' 12" East, a distance of 151.50 feet to a 5/8-inch rod set for the southeast corner of said 1.2155 acre tract and the herein described tract; Thence, with the south and west lines of said 1.2155 acre tract the following two (2) courses: South 87° 42' 48" West, for a distance of 349.50 feet to a 5/8-inch iron rod set for the southwest corner of said 1.2155 acre tract and the herein described tract; North 02° 17' 12" West, a distance of 151.50 feet to the Point of Beginning and containing 1.2155 acres of land. TRACT3 Description of a 1.3774 acre (60,000 square feet) tract of land located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 1.3774 acre tract being more particularly. described as follows (with bearing are referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27). Beginning at a 5/8 inch iron rod with plastic cap set for the intersection of the easterly right-of-way line of Maury street (60 feet wide) and the southerly right-of-way line of Brooks Street (60 feet wide), said point being the northwest corner of the herein described tract; Page 5 of 21 THENCE, North 87°43'18" East, along the southerly right-of-way line of Brooks Street, a distance of 200.0 feet to a 518 inch iron rod with plastic cap set in the westerly right-of-way line of Moffitt Street (width varies) for the northeast corner of the herein described tract; THENCE, South 02"16'42" East, along the westerly right-of-way line of said Maffitt Street, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap set in the northerly right-of-way line of Burnett Street (60 feet wide) for the southeast corner of the herein described tract; THENCE, South 87°43'18" West, along the northerly right-of-way line of said Burnett Street, a distance of 200.00 feet to a 5/8 inch iron rod with plastic cap set in the easterly right-of-way line of said Maury Street for the southwest corner of the herein described tract; THENCE, North 02°16'42" West, along the easterly right-of-way line of said Maury Street, a distance of 300.00 feet to the POINT OF BEGINNING and containing a computed area of 1.3774 acres (60,000 square feet) of land. TRACT 4 Description of a 1.377 acre (60,000 square feet) tract of land being all of Block 63 according to the plat thereof recorded under Volume 5, Page 69 of the S.F. NOBLES ADDITION, NORTHSIDE OF BUFFALO BAYOU Harris County Deed Records and being the same 1.3774 acre tract described in a deed to Rubber Applicators, Inc. as recorded under Harris County Clerk's File No. H047380, located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 1.377 acre tract being more particularly described as follows (with bearing are referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27). BEGINNING at a 5/8 inch iron rod with plastic cap found at the intersection of the westerly right- of-way line of Maury Street (60 feet wide as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) and the southerly right-of-way line of Burnett Street (60 feet wide, as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU)), for the northeast corner of this herein described tract; THENCE, South 02°16'42" East, along the westerly right-of-way line of said Maury Street, and the easterly line of said Block 63, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap set in the northerly right-of-way line of Leona Street (60 feet width as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) for the southeast corner of this herein described tract; THENCE, South 87°43'18" West, along the northerly right-of-way line of said Leona Street, a distance of 200.00 feet to a 5/8 inch iron rod with plastic cap set in the easterly right-of-way line of Elysian Street (60 feet wide as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) for the southwest corner of this herein described tract; THENCE, North 02°16'42" West, along the easterly right-of-way line of said Elysian Street, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap set in the southerly right-of-way line of aforesaid Burnett Street for the northeast corner of this herein described tract; THENCE, North 87°43'18" East, along the southerly right-of-way line of the aforesaid Burnett Street, a distance of 200.00 feet to the POINT OF BEGINNING and containing a computed area of 1.377 acres (60,000 square feet) of land. TRACTS Description of a 0.9474 acre (41,267 square feet) tract of land located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 0.9474 acre tract being Page 6 of 21 more particularly described as follows (with bearing are referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27). Beginning at a 5/8 inch iron rod with plastic cap set for the intersection of the easterly right-of-way line of Maury Street (60 feet wide) and the southerly right-of-way line of Burnett Street (60 feet wide), said point being the northwest corner of the herein described tract; THENCE, North 87°43'18" East, along the southerly right-of-way line of Burnett street, a distance of 202.50 feet to a point in the westerly right-of-way line of Maffitt Street (width varies) for the northeast corner of the herein described tract; THENCE. South 11°49'18" West, a distance of 105.79 feet to an angle point for the herein described tract; THENCE. South 24°53'50" West, a distance of 82.17 feet to a 5/8 inch iron rod with plastic cap set for beginning of a non-tangent curve to the right; THENCE, southwesterly, along said curve to the right having a radius of 342.78 feet through a central angle of 31°35'15" (the chord bears South 45°58'01" West, a distance of 186.59 feet) an arc distance of 188.98 feet to a 5/8 inch iron rod with plastic cap set in the easterly right-of-way line of said Maury Street for the southwest corner of the herein described tract; THENCE. North 02°16'42" West, along the easterly right-of-way line of said Maury Street, a distance of 299.96 feet to the POINT OF BEGINNING and containing a computed area of 0.9474 acres (41,267 square feet) of land. Page 7 of 21 PROPERTY OWNED BY GULF STATES INVESTMENTS CORPORATION TRACT 1 Description of a 2.723 acre (118,621 square feet) tract of land being all of a called 0.472 acre tract recorded in File Number 20090238635 of the Harris County Official Public Records of Real Property (H.C.O.P,R.R.P.), all of a called 57Records,439 squareC feet tract recorded in Volume 6350, Page 319 of the Harris County Deed (H.. D. R.) and the residue of a called 50,706 square feet tract recorded in Volume 6343, Page 25 of said H.C D.R. and situated in the John Austin Survey, Abstract No. 1, in Harris County, Texas, said 2.723 acre tract being more particularly described as follows (with bearings referenced to the Texas Coordinate System of 1983, South Central Zone): BEGINNING at a W iron pipe found at the intersection of the westerly rightof-way line of Chapman Street (a 60 feet wide right-of-way) and the north right-of-way line of Conti Street (a 60 feet wide right-of-way) and the southeast corner of said 57,439 square feet tract; THENCE, South 57005'39" West, along the northerly right-of-way line of said Conti Street, a distance of 478.51 feet to a point far the southwest corner of said 50,706 square feet tract in the easterly right-of-way line of High Street (a 40 feet wide right-of-way); THENCE, North 18°36'36" West, along the easterly right-of-way line of said High Street, a distance of 131.04 feet to a PK nail set for the southwest corner of a called 0.234 acre tract recorded in File Number 20090238634 of said H.C.O.P,R.R.P.; THENCE, North 57°04'02" East, along the southerly line of said 0.234 acre tract, a distance of 102.52 feet to an "X" in concrete set for the southeast corner of said 0.234 acre tract; THENCE, North 18°40'02" West, along the easterly line of said 0.234 acre tract, passing at a distance of 98.00 feet an "X" in concrete set for the northeast of comer of said 0.234 acre tract and the southwest corner of said 0.472 acre tract, and continuing along the westerly line of said 0.472 acre tract for a total distance of 173.24 feet to a 518" iron rod with plastic cap stamped "SURVCON INC" set for the northwest corner of said 0.472 acre tract; THENCE, North 62009'12" East, along the northerly line of said 0.472 acre tract, a distance of 197.28 feet to an angle point from which a iron rod bears South 14°03' East, a distance of 0.81 feet; THENCE, North 62°29'12^ East, continuing along the northerly line of said 0.472 acre tract, a distance of 80.61 feet to a point for the northeast corner of said 0.472 acre tract and the most northerly northwest corner of said 57,439 square feet tract from which a found 5/8" iron rod bears North 26°17' West, a distance of 1.81 feet; THENCE, North 62008'24" East, along a northerly line of said 57.439 square feet tract, a distance of 97.92 feet to a point for the northeast corner of said 57.439 square feet tract in the westerly right-of-way line of said Chapman Street, from which a found iron pipe bears North 20057' West, a distance of 1.05 feet; THENCE, South 17014'36" East, along the westerly right-of-way line of said Chapman Street, a distance of 271.44 feet to the POINT OF BEGINNING, and containing a computed area of 2.723 acres (118,621 square feet). Page 8 of 21 PROPERTY OWNED BY UNION PACIFIC RAILROAD TRACT 1 All that certain tract or parcel containing 1.4576 acres of land known as Tract 1, comprised of Lots 1, 2, 3, 4, 5A, 6, 7A, 9, 10, 11, same being 12 8 15 in Block 2, Tracts 1 and 8 in Block 3 and Tracts 13 and rv in Block 5, each in Trenton Addition, an unrecorded subdivision situated in the John Austin Survey, A-1 in Harris County, Texas, said Tract 1 also being comprised of all or part of those certain tracts of land as described in Volume 20, Page 262, Volume 53, Page 368, Volume 100, Page 173. Volume l 131, Page 192. Volume 131 Page 194, 964. Page 86 of he Harris County Deed Records and being more lparticularly described by metes and bounds as follows: COMMENCING at a rail road spike in asphalt (found) marking the intersection of the Northeast right-of-way line of Daly Street, (variable width), with the Southeast right-of-way line of Trenton Street, (aka Burnett Street, variable width), same point marking the Westerly corner of that certain call 0.7868 acre tract of land out of Block 5 in said Trenton Addition as described in a deed filed for record under Harris County Clerk's File No. H-697906; THENCE N 17043'52" E. a distance of 74.94 feet, (call N 19054'00" E. 75.00 feet), along the Southeast right-of-way line of said Trenton Street and the Northwest line of said 0.7868 acre tract of land to a 5/8" iron rod in asphalt (found) marking the Northerly comer of said 0.7868 acre tract of land and the most Westerly corner and POINT OF BEGINNING of the herein described Tract it THENCE N 15024'23" E, a distance of 1.75 feet along the Southeast right-of-way line of said Trenton Street to a rail road spike in asphalt (found) for angle point marking an interior corner of the herein described Tract 1; THENCE N 65032'47" E, a distance of 92.86 feet along the Southeast right-of-way line of said Trenton Street to a 5/8" iron rod with G. S. cap (found) for angle point marking an interior corner of the herein described Tract 1; THENCE S 24027'01" E, a distance of 15.39 feet along the Southeast right-of-way line of said Trenton Street to a p.k. nail with Terra Surveying Shiner (found) for angle point marking an interior comer of the herein described Tract 1, THENCE N 62010'32" E, a distance of 261.79 feet along the Southeast right-of-way line of said Trenton Street to a 518" iron rod with G. S. cap (found) marking the intersection of the Southeast right-of-way line of said Trenton Street with the Southwest right-of-way line of North Main Street, (variable width), same point marking the Northerly comer of the herein described Tract 1; THENCE S 30033'40" E, a distance of 368.71 feet along the Southwest right-of-way line of said North Main Street to a 5/8" iron rod with G. S. cap (found) marking the intersection of the Northeast right-of-way line of said Daly Street with the Southwest right-of-way line of said North Main Street, same point marking the Easterly corner of the herein described Tract 1; THENCE N 66057'34" W, a distance of 12.74 feet along the Northeast right-of-way line of said Daly Street to a 5/8" iron rod with G. S. cap (found) for angle point marking an interior comer of the herein described Tract 1; THENCE S 78014'55" W, a distance of 78.15 feet along the Northeast right-of-way line of said Daly Street to a 5/8" iron rod with G. S. cap (found) in the Southeast line of said 0.7668 acre tract of land marking the Southerly comer of the herein described Tract 1; Page 9 of 21 THENCE N 17°45'53" E, (call N 19054'00" E), a distance of 43.17 feet along the Southeast line of said 0.7668 acre tract of land to a 5/8" iron rod with G. S. cap (found) marking the Easterly corner of said 0.7668 acre tract of land and an interior corner of the herein described Tract 1; THENCE N 72°17'25" W a distance of 457.03 feet, (call N 70106'00" W, 475 00 feet), along the Northeast line of said 0.7668 acre tract of land to the POINT OF BEGINNING and containing 1.4576 acres of land. TRACT 2 All that certain tract or parcel containing 6.4436 acres of land known as Tract 2 in the John Austin Survey, A-1 in Harris County, Texas, said Tract 2 also being comprised of all of Tracts 1 E-1 and R-1 out of those certain tracts of land as described in Volume 18, Page 149, Volume 18, Page 155 both in the Harris County Deed Records and under Clerk's File No. B-422875, said Tract 2 being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod (found) in the Northeast right-of-way line of Nort h Main Street, (variable width), marking the Southwest corner of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 and the Northwest corner of the herein described Tract 2, same point being in a curve to the left having a radius of 446.41 feet; THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 2, with said curve to the left through a central angle of 22003'32", (call 22°03'24"), a chord bearing and distance of N 8700426" E, 170,81 feet, (call N 87001'40` E. 170.79 feet), an arc distance of 171.87 feet, (call 171.85 feet), to a 5/8' iron rod with Clark Geogram cap (found) marking an interior corner of said 41 933 acre tract of lad and an interior corner of the herein described Tract 2, THENCE S 09029'38" E, a distance of 18.56 feet, (call S 09015'19" E, 18.62 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point of said 41.933 acre tract of land and an angle point of the herein described Tract 2; THENCE S 24019'25" E, (call S 24°27'45" E), a distance of 19.41 feet along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) marking interior corner of said 41.933 acre tract of land and an interior comer of the herein described Tract 2, same point being in a curve to the left having a radius of 850.00 feet; THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 2, with said curve to the left through a central angle of 20°35'47", (call 20035'49"), a chord bearing and distance of N 78013'33" E. 303.91 feet, (call N 78015'21" E, 303.92 feet), an arc distance of 5.56 305 55 , to with ark markingfant interior(caN ereof)sa d 41/9330 cretra t of Ila d andannintcap (found) for erior corner of the angle heein point described Tract 2; THENCE N 68011'14" E, a distance of 28.85 feet, (call N 67°57'27" E, 28.81 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior comer of the herein described Tract 2; THENCE N 64°28'01" E, a distance of 117.90 feet, (call N 64039'51" E, 117.88 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2; Page 10 of 21 THENCE S 25°45'18" E. a distance of 49.45 feet, (call S 25°41'37" E, 49,16 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2; THENCE N 65°49'04" E, (call N 85049'10" E), a distance of 469.45 feet along the common line of 33 acre said trac of land and said markng9the Northea ttcorner of the he enrdescribed Tract l2 andtheiNortwest pcorner (found) that certain 4.7470 acre tract of land known as Tract 3, said Tract 3 being comprised of Tract 1 in Block 49 of the S. F. Nobles Subdivision, a subdivision in said Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, and Tracts R4, R7A and R7B situated in said John Austin Survey, A-1, said Tract 3 also being out those certain tracts of land as described in said Volume 18, Page 149, said Volume 18, Page 155, Volume 21, Page 539, Volume 21, Page 540, Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed Records, THENCE S 04014'51" E, (call S 01°57'46" E), a distance of 232.16 feet along the common line of said Tracts 2 and 3 to a 3/8" iron rod (found bent) marking the Northeast corner of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. M-662374 and the Easterly-Southeast comer of the herein described Tract 2; THENCE S 85043'20" W, a distance of 737.81 feet, (call S 88°02'14" W, 737,80 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to an "x" in concrete (found) marking the Northwest corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, from this point a punch mark in concrete (found) bears S 30003'59" W. 0.41 feet; THENCE S 17°49'39" W, a distance of 29.62 feet, (call S 20117'43" W, 29.65 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to a 518" iron rod with . S. cap (found) marking an interior corner of said 1.6444 a G cre tract of land and an interior corner of the herein described Tract 2, same point being in a curve to the right having a radius of 214.66 feet; THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 16028'41", (call 16°28' 17"), a chord bearing and distance of S 63°49'39" E. 61.52 feet, (call S 61°28'08" E. 61.50 feet), an arc distance of 61.73 feet, (call 61.71 feet), to an "x" in concrete (found) marking a point of tangency, an interior comer of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2; THENCE S 55012'21" E, a distance of 78.73 feet, (call S 53°14'00" E, 78.76 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to an 'Y' in concrete (found) for angle point marking an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, same point marking the being of a curve to the right having a radius of 385.84 feet; THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 07013'34", a chord bearing and distance of S 51°57'07" E, (call S 49°37'13" E), 48.63 feet, an arc distance of 48.66 feet to an "x" in concrete (found) marking a point of tangency, an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2; THENCE S 48020'20" E, (call S 46000'26" E), a distance of 100.78 feet along the common line of said Tract 2 and said 1.6444 acre tract of land to an "x" in concrete (found) for angle point marking an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, same point marking the being of a curve to the right having a radius of 471.64 feet; Page 11 of 21 THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 08047'08", a chord bearing and distance of S 43056'45" E, (call S 41°36'51" E), 72.25 feet, an arc distance of 72.32 feet ri " (found) in the Northwest right-of-way line of Naylor an x" concrete Street, a 60.00 toot right-of-way for street, road and highway purposes as described in an instrument filed for record in Volume 2047, Page 146 of said Harris Count Deed Records marking the Southwest comer of said 1.6444 acre tract of land and the Southerly-Southeast corner of the herein described Tract 2; THENCE S 65046'35" W, (call S 68009'30" W), a distance of 84.31 feet along the Northwest right- of-way line of said Naylor Street and the Southerly line of said Tract 2 to a 5/8" iron rod with G. S. cap (found) marking Telecom Subdivision e s bdivision Southeasterly said r HarrisnCounty f R Texas eaccording to Bthe alpcor plat thereof filed for record under Film Code No. 484135 of the Harris Count Map Records and the Southerly-Southwest corner of the herein described Tract 2, from which point a PX nail with shiner (found) marking the Southwesterly corner of said Restricted Reserve "B" bears S 65055'33" W, 185.59 feet, (tail S 68'16'53"W, 185.42 feet); THENCE N 42016'59" W, a distance of 275.00 feet, (call N 39055'15" W. 275.05 feet), along the common line of said Restricted Reserve "B" and said Tract 2 to a iron rod with Maverick Engineering cap (found) for angle point marking an interior comer of said Restricted Reserve "B" and an interior comer of the herein described Tract 2, from which point a W iron pipe (found) for reference bears S 52°26'21" W, 1,11 feet; THENCE N 59027'03" W, (call N 57005'43" W), a distance of 91.64 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a iron rod with Maverick Engineering cap (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; THENCE S 66025'46" W, (call S 65047'06" W), a distance of 12.93 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a p.k. nail with shiner (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior comer of the herein described Tract 2; THENCE N 61°2643" W, (call N 59005'23"W). a distance of 65.94 feet along the common line of said Restricted Reserve 1Y and said Tract 2 to a 5/8" iron rod with Prejean cap (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; N 61°18'49" W, (call N 5805729" W), a distance of 89.26 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a p.k, nail with shiner (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; THENCE N 67°32'52" W, (call N 65°11'32" W), a distance of 116.47 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a 5/8" iron rod with Prejean cap (found) for angle pointing the east right-of-way line of said North main Street marking the Northerly corner of said Restricted Reserve "B" and the Westerly-Southwest comer of the herein described Tract 2; THENCE N 26055'56" W. a distance of 135.37 feet to the POINT OF BEGINNING and containing 6.4436 acres of land. TRACT 3 All that certain tract or parcel containing 4.7470 acres of land known as Tract 3, said Tract 3 being comprised of Tract 1 in Block 49 of the S. F. Nobles Subdivision, a subdivision in Hams Page 12 of 21 County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, and Tracts R4, R7A and R713 situated in the John Austin Survey, A- 1 in said Harris County, Texas, said Tract 3 also being out those certain tracts of land as Page' 540,' Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed IR co ds and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with G. S. cap (found) in the Easterly line of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. M- 662374 marking the Northwest corner of that certain call 1.7298 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. N-469053 and the Southwest corner of the herein described Tract 3; THENCE N 04014'51" W. (call N 01056'46" W), along the common line of said 1.7928 and said 1.6444 acre tracts of land, passing at 2.10 feet a 3/8" iron rod (found bent) marking the Northeast corner of said 1.6444 acre tract of land and the Easterly-Southeast corner of that certain 6.4436 acre tract of land known as Tract 2 in said John Austin Survey, A-1 in Harris County, Texas, said Tract 2 also being comprised of all of Tracts 1E-1 and R-1 out of those certain tracts of land as described in said Volume 18, Page 149, said Volume 18, Page 155 troth in the Harris County Deed Records and under Clerk's File No. B-422875, a total distance of 234.26 feet to a 5/8' iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northeast corner of said Tract 2 and the Northwest corner of the herein described Tract 3; THENCE N 85049'04" E, (call N 85049'10" E), a distance of 107.17 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior comer of the herein described Tract 3, same point marking the beginning of a curve to the left having a radius of 2,260.00 feet; THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 03°23'29", (call 03°23'36"), a chord bearing and distance of N 84006'20" E, 133.75 feet, (call N 84°07'22" E. 133.83 feet), an arc distance of 133 .85 feet iron rod w interior cornercof said 41 933)acore tract of a d n'dhan'ilnterrio corner ofthe herein described Tract 3, same point marking the beginning of a compound curve to the left having a radius of 6,137.05 feet; THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 02036'46", (call 02°36'48"), a chord bearing and distance of N 83044'13" E. 279.83 feet, (call N 83043'58" E, 279.89 feet), an arc distance of 279.85 feet, (call 279.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3, same point marking the beginning of a compound curve to the left having a radius of 750.00 feet; THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to-the left through a central angle of 22054'37", (call 22°54'41"), a chord bearing and distance of N 73034'52" E. 297.90 feet, (call N 73035'01" E. 297.92 feet), an arc distance of 299.89 feet, (call 299.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking a point of tangency, an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3; THENCE N 62°09'50" E. (call N 62°07'41" E), a distance of 71.69 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with EIC Surveying cap (found) Page 13 of 21 for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3, THENCE N 73041'31" E. (call N 73°39'21" E), a distance of 23.20 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 51a" iron rod with Miller Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3; THENCE N 62°09'50" E, (call N 62°07'41" E), a distance of 157.19 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with EIC Surveying cap (set) for angle point marking interior corner of said 41.933 acre tract of land and the Northerly-Northeast corner of the herein described Tract 3 and the Northwest corner of that certain 0.1665 acre tract of land known as Tract 4 out of Lot 6 in Block 47 of said S. F. Nobles Subdivision, said Tract 4 also being that same tract of land as described in a deed filed for record in Volume 21, Page 633 of said Harris County Deed Records, THENCE S 02012'28" E, a distance of 61.29 feet along the common line of said Tracts 3 and 4 to a point for comer on old rail road track marking the Southwest corner of interior corner of the herein described Tract 3; said Tract 4 and an THENCE N 62010'05" E, a distance of 125.95 feet along the common line of said Tracts 3 and 4 to a point for corner on old rail road track in the West right-of-way line of McKee Street, (60.00 feet in width), marking the Southeast corner of said Tract 4 and the Easterly-Northeast corner of THENCE S 02012'28" E, a distance of 71.40 feet along the West right-of-way line of said McKee Street to a 1" iron pipe (found) marking the Northeast corner of Lot 12 in said Block 47 and the Northeast comer of that certain call 1.7652 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. E-735759; THENCE S 62027'18" W, (call S 64°51'00" W), along the common line of said Lot 12, said 1.7652 acre tract of land and said Tract 3, passing at 125.65 feet the Northwest corner of said Lot 12 and the Northeast corner of Lot 1 in Block 4 of the W. E. Champions Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume X, Page 788 of the Harris County Deed Records, and passing at 450.72 feet a 5/8" iron rod with G. S. cap (found) in the East right-of-way line of Chapman Street, (60.00 feet in width), marking the Northwest corner of Lot 6 in said Block 4 and the Northwest corner of said 1.7652 acre tract of land, a total distance of 511.69 feet to a 5/8" iron rod (found) in the West right-of-way line of said Chapman Street, the East line of Lot 1 in Block 3 of said W. E. Champions Subdivision and the East line of that certain call 57,439 square foot tract of land as descr bed in a deed filed for record under Harris County Clerk's File No. C-3005200 marking an interior comer of the herein described Tract 3; THENCE N 17019'21" W (call N 14°53'00" W), a distance of 12.27 feet along the West right-of- way line of said Chapman Street, the East line of said Lot 1 in Block 3 and the common line of said Tract 3 and said 57,439 square foot tract of land to a 1' iron pipe (found) marking the Northeast corner of said Lot 1 in Block 3, the Northeast corner of said 57,439 square foot tract of land and an interior comer of the herein described Tract 3; THENCE S 62035'50" W, a distance of 97,85 feet, (call S 64030'00" W, 97.94 feet), along the common line of said Lot 1 in Block 3, said Tract 3 and said 57,439 square foot tract of land to 5/8" iron rod (found bent) for angle point marking the Northwest comer of Lot 2 in said Block 3, an interior corner of said 57,439 square foot tract of land, the Northeast corner of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3, Page 14 of 21 THENCE S 60038'46" W, a distance of 80.86 feet, (call S 64°50'00" W, 80.61 feet), along the common line of said Tract 3 and said 1.7298 acre tract of land to a iron rod (found bent) for angle point marking an interior corner of said 1.7298 acre tract of land and an interior comer of the herein described Tract 3; THENCE S 61°57'09" W, a distance of 321.61 feet, (call S 64°30'00" W, 325.84 feet), along the common line of said Tract 3 and said 1 7298 acre tract of land to 85/8 iron rod (found bent) for angle point marking an interior comer of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3; THENCE N 04003'58" W a distance of 68.15 feet, (call N 01°52'46"E, 68.32 feet), along the common line of said Tract 3 and said 1.7298 acre tract of land to a ''/2" iron rod (found bent) for angle point marking an interior comer of said 1,7298 acre tract of land and an interior corner of the herein described Tract 3; THENCE S 85045'01" W. a distance of 224.90 feet, (call S 88°02'14" W 224.86 feet), along the common line of said Tract 3 and said 1.7298 acre tract of land to the POINT OF BEGINNING and containing 4.4740 acres of land. TRACT 4 All that certain tract or parcel containing 0.1665 acres of land known as Tract 4, said Tract 4 being comprised of Tract 6 in Block 47 of the S. F. Nobles Subdivision, a subdivision in County, Texas according to the map or plat thereof filed for record in Volume 5, Page Harris Harris County Map Records, said Tract 4 also be 69 of the ing that same tract of land as described in Volume 21, Page 633 of the Harris County Deed Records and being more particularly described by metes and bounds as follows; COMMENCING at a 5/8" iron rod with G. S. cap (found) in the Easterly line of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. M-662374 marking the Northwest comer of that certain call 1.7298 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. N-469053 and the Southwest comer of that certain 4.7470 acre tract of land known as Tract 3 said Tract 3 being , comprised of Tract 1 in Block 49 of the S. F. Nobles Subdivision, a subdivision in Harris County , Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, and Tracts R4, R7A and R7B situated in the John Austin Survey, A-1 in said Harris County, Texas, said Tract 3 also being out those certain tracts of land as described in Volume 18, Page 149, Volume 18, Page 155, Volume 21, Page 539, Volume 21, Page 540, Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed Records; THENCE N 04°14'51" W (call N 01°56'46" W), along the common line of said 1.7928 and said 1.6444 acre tracts of land, passing at 2.10 feet a 318" iron rod (found bent) marking the Northeast corner of said 1.6444 acre tract of land and the Easterly-Southeast corner of that certain 6.4436 acre tract of land known as Tract 2 in said John Austin Survey, A-1 in Harris County, Texas, said Tract 2 also being comprised of all of Tracts 1E-1 and R-1 out of those certain tracts of land as described in said Volume 18, Page 149, said Volume 18, Page 155 both in the Harris County Deed Records and under Clerk's File No. 8-422875, a total distance of 234.26 feet to a 5J8-iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northeast corner of said Tract 2 and the Northwest corner of said Tract 3; THENCE N 85049'04" E, (call N 8504910' E), a distance of 107.17 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, same point marking the beginning of a curve to the left having a radius of 2,260.00 feet; Page 15 of 21 THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 03°23'29"(call 03°23'36"), a chord bearing and distance of N 84006'20" E, 133.75 feet, (call N 84007-2 2 ' " E, 133.83 feet), an arc distance of 133.17 feet, (call 133.85 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, same point marking the beginning of a compound curve to the left having a radius of 6,137.05 feet; THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 4, with said curve to the left through a central angle of 02°36'46", (call 02°36'48"), a chord bearing and distance of N 83044'13" E, 279.83 feet, (call N 83043'58" E, 279.89 feet), an arc distance of 279.85 feet, (call 279.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, same point marking the beginning of a compound curve to the left having a radius of 750.00 feet, THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 4, with said curve to the left through a central angle of 22054'37", (call 22054'41"), a chard bearing and distance of N 73034'52" E. 299.89 feet, (call N 73035'01" E, 297.92 feet), an arc distance of 299.89 feet, (call 299.91 feet), to a 518" iron rod with Miller Surveying cap (found) marking a point of tangency, an interior comer of said 41.933 acre tract of land and an interior corner of said Tract 3; THENCE N 62009'50" E, (call N 62007'41" E), a distance of 71.69 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior comer of said Tract 3; THENCE N 73041'31" E, (call N 73039'21" E), a distance of 23.20 feet along the common tine of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior comer of said Tract 3; THENCE N 62009'50" E, (call N 62°07'41" E), a distance of 157.19 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with EIC Surveying cap (set) for angle point in the West line of said Block 47 marking an interior comer of said 41.933 acre tract of land, the Northerly-Northeast corner of said Tract 3 and the Northwest corner and POINT OF BEGINNING the herein described Tract 4; THENCE N 62°09'50" E, (call N 62°0741" E), a distance of 43.01 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 4; THENCE N 50038'10" E. (call N 50°38'08" E), a distance of 23.20 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an Interior corner of the herein described Tract 4; THENCE N 62009'50' E, (call N 62007'41" E), a distance of 62.43 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (set) in the West right-of-way line of McKee Street, (60.00 feet in width) marking the Northeast comer of the herein described Tract 4; THENCE S 02012'28" E, a distance of 66.44 feet along the West right-of-way line of said McKee Street and the East line of said Tract 4 to a point for corner on old rail road track in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in Page 16 of 21 width), as shown on the plat of said S. F. Nobles Subdivision marking the Southeast corner of the herein described Tract 4 and the Easterly-Northeast corner of said Tract 3; THENCE S 62010'05" W, a distance of 125.95 feet along the Northwest line of said Southern Pacific Rail Road Company Easement and the common line of said Tracts 3 and 4 to a point for corner on old rail road track marking the Southwest corner of the herein described Tract 4 and an interior corner of said Tract 3; THENCE N 02012'26" W, a distance of 61.29 feet along the common line of said Tracts 3 and 4 to the POINT OF BEGINNING and containing 0.1665 acre of land. TRACT 5 All that certain tract or parcel containing 0.0450 acre of land known as Tract 5 out of Lot 6 in Block 46 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 5 being that same tract of land as described in a deed filed for record in Volume 41, Page 423 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48" W, 0.20 feet; THENCE S 02016'50" E, a distance of 60.00 feet to a point for corner marking the intersection of the West right-of-way line of said Maury Street with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 44 of said S. F. Nobles Subdivision, from this point an axle (found bent) bears N 38039'50" E, 0.23 feet; THENCE S 87044'36" W, along the South right-of-way line of said Opelousas Street, passing at 260.00 feet the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 45 of said S. F. Nobles Subdivision' from this point a 1" iron bar (found) bears N 87044'34"E, 0.60 feet, and passing at 460.00 feet the intersection of the West right-of- way line of Hardy Street, (variable width), with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 46 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears S 02016'50" E. 3.27 feet, a total distance of 628.99 feet to a 5/8" iron rod with EIC cap (set) in the North line of said Lot 6 and in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F. Nobles Subdivision marking the Northeast comer and POINT OF BEGINNING of the herein described Tract 5; THENCE S 62010'05" W, a distance of 100.32 feet along the Northwest line of said Southern Pacific Rail Road Company Easement and the South line of said Tract 5 to a point for comer on old rail road track in the East right-of-way line of McKee Street, (60.00 feet in width), and the West line of said Lot 6 marking the Southwest corner of the herein described Tract 5; THENCE N 02012'28" W, a distance of 43.31 feet along the East right-of-way line of said McKee Street and the West line of said Lot 6 to a point for corner on old rail road track marking the intersection of the East right-of-way line of said McKee Street with the South right-of-way line of said Opelousas Street, the Northwest corner of said Lot 6 and the Northwest comer of the herein described Tract 5; Page 17 of 21 THENCE N 87°44'36" E, a distance of 90.46 feet along the South right-of-way line of said Opelousas Street to the POINT OF BEGINNING and containing 0.0450 acre of land. TRACTS All that certain tract or parcel containing 0.0877 acre of land known as Tract 6 out of Lots 1, 11 and 12, each in Block 54 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 6 being that same tract of land as described in a deed filed for record in Volume 30, Page 288 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-ay line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 578" iron rod with G. S. cap (found) bears N 15050'48" W, 0.20 feet; THENCE S 87°44'36" W along the North right-of-way line of said Opelousas Street, passing at 200.00 feet a 518" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56, a total distance of 520.00 feet to a point for corner in old rail road track marking the intersection of the West right-of-way line of Hardy Street, (variable width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast corner of said Lot 12 and the Southeast corner and POINT OF BEGINNING of the herein described Tract 6; THENCE continuing S 87°44'36" W, along the North right-of-way line of said Opelousas Street, passing at 100.00 feet the Southwest corner of said Lot 12 and the Southeast corner of said Lot 1, a total cal 41.933 acre tract of land as described in with certain County ded l fled for)rein the cord undereHarrise of that Clerk's File No. Y-922883 marking the Southwest corner of the herein described Tract 6; said 41 .933 acre tract of land and said Tract 6 THENCE N 61025'48" E, (call N 61025'19" E), a distance of 138.65 feet along the common line of of said Lot 11 and he West right-of- ay fine of t said SHardy Str etvmarking the(Northeast corner) of the herein described Tract 6; THENCE S 02015'10" E. along the West right-of-way line of said Hardy Street and the East line of said Lot 11, passing at 11.46 feet the Southeast corner of said Lot 11 and the Northeast comer of said Lot 12, a total distance of 61.46 feet to the POINT OF BEGINNINn a acre of land. TRACT 7 All that certain tract or parcel containing 0.3299 acre of land known as Tract 7 out of Lots 1, 2, 3, 9, 10 and 11, each in Block 55 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 7 being that same tract of land as described in deeds filed for record in Volume 26, Page 240 Volume 26, Page 492 and Volume 28, Page 211, each in the Harris County Deed Records, said Tract 7 being more particularly described by metes and bounds as follows: COMMENCING at a''/:" iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same Page 18 of 21 Point marking the Southeast comer of Lot 12 in said Block 55, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48"W. 0.20 feet; THENCE S 87044'36" W, along the North right-of-way line of said Opelousas Street, passing at 200.00 feet a 5/8" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56, a total distance of 260.00 feet to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast corner of said Lot 12 in said Block 55; THENCE N 02016'52" W, a distance of 116.55 feet to a point for corner on old rail road track in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F. Nobles Subdivision in the West right-of, line of said Elysian Street and the East line of said Lot 10 marking the Southeast corner and POINT OF BEGINNING of the herein described Tract 7; THENCE S 62°10'05" W, a distance of 221.67 feet along the Northwest line of said Southern Pacific Rail Road Company Easement to a point for corner on old rail road track in the East right- of-way line of said Hardy Street, (variable width), and the West line of said Lot 1 marking the Southwest corner of the herein described Tract 7, THENCE N 02015'10" W, along the East right-of-way line of said Hardy Street and the West line of said Lot 1, passing at 29.14 feet the Northwest corner of said Lot 1 and the Southwest corner of said Lot 2, a total distance of 70.28 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northwest corner of the herein described Tract 7; THENCE N 61°25'48" E, (call N 61025'19" E), a distance of 223.03 feet along the common line of said 41.933 acre tract of land and said Tract 7 to a 5/8" iron rod with Miller Surveying cap (found) in the East line of said Lot 9 and the West right-of-way line of said Elysian Street marking the Northeast corner of the herein described Tract 7; THENCE S 02°16'52" E, along the West right-of-way line of said Elysian Street and the East line of said Lot 11, passing at 39.99 feet the Southeast corner of said Lot 9 and the Nort heast corner of said Lot 10, a total distance of 73.44 feet to the POINT OF BEGINNING and containing 0.3299 acre of land. TRACTS All that certain tract or parcel containing 0.3408 acre of land known as Tract 8 out of Lots 3, 4, 5, 6, 7, 8 and 9, each in Block 56 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 8 being that same tract of land as described in a deed filed for record in Volume 18, Page 431 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a Y:" iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48" W, 0.20 feet; THENCE N 02016'50" W, a distance of 240.96 feet along the West right-of-way line of said Maury Street to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of Page 19 of 21 said Maury Street with Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F. Nobles Subdivision, same point being in the East line of said Lot 8 marking the Southeast corner and POINT OF BEGINNING of the herein described Tract 8; THENCE S 62010'05" W. a distance of 221.68 feet along the Northwest line of said Southern Pacific Rail Road Company Easement to a 5/8" iron rod with EIC cap (set) in the East right-of- way line of Elysian Street, (60.00 feet in width), and the West line of said Lot 3 marking the Southwest corner of the herein described Tract 8; THENCE N 02016'52" W, along the East right-of-way line of said Hardy Street and the West line of said Lot 1, passing at 4.84 feet the Northwest comer of said Lot 3 and the Southwest corner of said Lot 4, and passing at 54.84 feet the Northwest corner of said Lot 4 and the Southwest corner of said Lot 5, a total distance of 74.40 feet to a 5/8" iron rod with Miller Surveying cap (found) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northwest corner of the herein described Tract 8; THENCE N 61025'48" E, (call N 61025'19" E), a distance of 180.81 feet along the common line of said 41.933 acre tract of land and said Tract 8 to a 5/8" iron rod (found) in the South right-of-way line of Leona Street, (60.00 feet in width), and the North line of said Lot 7 marking the most F--astedy corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 8; THENCE N 87043'08" E, (call N 87042'48" E), a distance of 37.89 feet along the South right-of- way line of said Leona Street to a 5/8" iron rod with EIC cap (set) marking the intersection of the South right-of-way line of said Leona Street with the West right-of-way line of said Maury Street, same point marking the Northeast corner of said Lot 7 and the Northeast corner of the herein described Tract 8, from this point a 5/8" iron rod (found) bears N 54029'46" W, 0.49 feet; THENCE S 02016'50" E, along the West right-of-way line of said Maury and the East line of said Lot 7 passing at 50.00 the Southeast comer of said Lot land the Northeast corner of said Lot 8 a total distance of 58.87 to the POINT OF BEGINNING and containing 0.3408 acre of land. TRACT 9 All that certain tract or parcel containing 0.0896 acre of land known as Tract 9 out of Lots 1, 11 and 12, each in Block 55 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the eof Map Records, said map 91be ngrth at filed me tract o land as described in deeds the for record Volume 26, Page 240 Volume 26, Page 492 and Volume 28, Page 211, each in the Harris County Deed Records, said Tract 9 being more particularly described by metes and bounds as follows: COMMENCING at a W iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast comer of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48" W, 0.20 feet; THENCE S 87°44'36" W, along the North right-of-way line of said Opelousas Street, passing at 200.00 feet a 5/8" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56, a total distance of 260.00 feet to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast comer of said Lot 12 and the Southeast corner and POINT OF BEGINNING of the herein described Tract 9; Page 20 of 21 THENCE continuing S 87°44'36" W, along the North right-of-way line of said Opelousas Street, passing at 100 .00 feet the Southwest corner of said Lot 12 and the Southeast corner of sa id 1, a total distance of 127.76 feet to a 5/8" iron rod with EIC cap (set) marking the intersection oLot f the North right-of-way line of said Opelousas Street with the Southeast right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F. Nobles Subdivision, same point marking the Southwest corner of the herein described Tract 9; THENCE N 62010'05" E, a distance of 141.61 feet along the Southeast right-of-way Iine of said Southern Pacific Rail Road Company Easement to a 518" iron rod with EIC cap (set) in fhe east line of said Lot 11 marking the intersection of the West right-of-way line of said Elysian Street with the Southeast right-of-way line of said Southern Pacific Rail Road Company Easement, same point marking the Northeast corner of the herein described Tract 9; THENCE S 02016'52" E, along the West right-of-way line of said Elysian Street, passing at 11.13 feet the Southeast corner of said Lot 11 and the Northeast corner of said Lot 12, a total distance of 61.13 feet to the POINT OF BEGINNING and containing 0.0896 acre of land. Page 21 of 21 1, ANNA RUSSELL, City Secretary of the City of Houston, Texas, do hereby certify that the within and foregoing is a true and correct copy Ordinance No. 2009-1323, passed and adopted by the City Council of said City on the 16th day December, 2009, as the same appears in the records in my office. WITNESS my hand and the Seal of said City this 8 day of January, 2010. Anna Russell City Secretary of the City of Houston Exhibit D West University Wells RCOHMOND W y Q W d i 2410 3986 (PLUGGED)_ WESTP4EK-- y ¢ 6521233 6521203 (1010027C( w 4 N 1 C v, Ri5so"Lr 4 z 0 z w w a 0 1,000 2,000 SCALE E IN IN FEET LEGEND WELLS ATTACHMENT 1 Q 5 MILE RADIUS OF MSD WEST UNIVERSITY PUBLIC _ WEST UNIVERSITY PLACE SUPPLY WELLS CITY OF HOUSTON UPRR HARDY STREET RAIL YARD HOUSTON, HARRIS COUNTY, TEXAS SOURCE. DATE PROJECT NO SCALE GEOSEARCH-ORDER 1754 JOB# 3995 DATED VEU2009 FEB 2010 13558001.010.0001 AS SHOWN FYe: \YS~oWtdala\i]SSB Cyoe W eENOeWARDYSMEETRAILY ARD.GSW"AC HME I SITE LIX TION WP -d 02-Pa11015:]] -Iai l INDEMNITY AGREEMENT This Indemnity Agreement (this "Agreement") is made this day of April 2010, by Indemnitor CR V Hardy Yards, L.P. ("CR Vin favor of Indemnitee, the City of West University Place, Texas ("West University"). CR V is referred to herein as the "Applicant". RECITALS WHEREAS, Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act authorizes the Texas Commission on Environmental Quality ("TCEQ' to certify a Municipal Setting Designation ("MSD") for property upon receipt and approval of a properly submitted application to the TCEQ; WHEREAS, the Applicant is seeking a MSD for a portion of the former Hardy Rail Yard site, commonly known as 1400 Fulton Street, Houston, Texas, described on Exhibit "A" (the "CR V Property") and nearby properties described on Exhibit "B" hereto (the "Nearby Properties") owned by Union Pacific Railroad Company ("UPR") and Gulf States Investment Corp. ("Gulf States") that are actually or allegedly affected by contaminants originating from the CR V Property. The CR V Property and the Nearby Properties are collectively referred to as the "Property"; WHEREAS, Applicant's MSD application to the TCEQ may or may not be joined by UPR and/or Gulf States; WHEREAS, an applicant for a MSD must obtain approval from all municipalities that own or operate a groundwater supply well within five miles of a property seeking a MSD; WHEREAS, West University owns certain groundwater supply wells, as more fully identified on Exhibit "C" hereto (collectively, the "West University Wells"). The West University Wells are located at the southwest comer of the intersection of Westpark and Wakeforest Road, approximately 4.97 miles southwest of the MSD property; WHEREAS, the West University Wells are located within five miles of the Property; and WHEREAS, West University agrees to provide a resolution in support of the Applicant's MSD application to the TCEQ, as it may be joined by owners of the Nearby Property, in exchange for this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing, the Applicant and West University hereby agree as follows: HOU:001 6348/00163:1438393v5 1. Definitions. As used in this Agreement, the following terms are hereby defined as follows: (a) "Contaminants" means 1,1,1-trichloroethane, 1,1,2-trichloroethane, 1,1- dichloroethene, 1,2-dichloroethane, cis-l,2-dichloroethene, trans-l,2-dichloroethene, 1,2- dibromoethane, 1,2-dichloropropane, tetrachloroethene, trichloroethene, vinyl chloride, benzene, tert-butylbenzene, carbon tetrachloride, petroleum hydrocarbons, and methyl tert-butyl ether that are present and have been identified at levels exceeding potable water protective concentration levels at the Property, as more fully described in the environmental reports filed with the TCEQ under Voluntary Cleanup Program No. 857 and Voluntary Cleanup Program No. 1553. (b) "Date of Resolution" means the date the City of West University Place approves and passes a resolution in support of the Applicant's MSD application to the TCEQ. (c) "Remediation Costs" means costs incurred in connection with remediation of Contaminants affecting the West University Wells to the extent required under the Texas Risk Reduction Program, including, but not limited to, the costs of defending and resolving any and all third party claims against West University related to the Contaminants. 2. Indemnification Agreement. Subject to the terms and conditions contained in this Agreement, the Applicant agrees to indemnify and hold West University harmless from and against any and all claims for Remediation Costs arising or resulting from, but only to the extent arising or resulting from, the migration of Contaminants from the CR V Property to the West University Wells (individually, an "Indemnified Claim" and collectively the "Indemnified Claims") on or after the Date of Resolution. 3. Timely Notice of Indemnified Claim. Within 45 days of West University obtaining knowledge of an Indemnified Claim, West University shall deliver written notice of the Indemnified Claim to the Applicant. If West University fails to deliver timely written notice of an Indemnified Claim to the Applicant, such Indemnified Claim will not be covered by this Agreement. Notice of an Indemnified Claim must be provided by West University to the Applicant via certified mail, return receipt requested, or via a nationally recognized overnight delivery service to the addresses set forth in Section 8 of this Agreement. 4. Procedure for Indemnification. Within 30 days of providing notice of an Indemnified Claim under Section 3 of this Agreement, West University shall provide a written explanation of its basis for concluding that an Indemnified Claim exists, including an explanation of how West University determined that the West University Wells have been affected by Contaminants from the CR V Property. After receiving the written explanation from West University, the Applicant will provide a response. The Applicant will indicate in the response whether it agrees that an Indemnified Claim exists and the basis for its response. In setting forth the basis for an Indemnified Claim, or in any suit, action, or proceeding involving the Applicant and West University arising out of or relating to this Agreement, West University must demonstrate that the West University Wells have been affected by Contaminants originating on the CR V Property and that the Contaminants migrated from the CR V Property to the West University Wells. HOU:0016348/00163:1438393v5 5. Covenant to Provide Resolution. In exchange for the indemnification set forth in this Agreement, West University agrees to adopt a resolution in support of the Applicant's application to the TCEQ for an MSD applicable to all or part of the Property. In the event that West University does not adopt a resolution in support of the Applicant's MSD application, this Agreement shall be of no force and effect and the Applicant will have no obligation to indemnify West University. 6. No Third Party Beneficiary. The terns of this Agreement are for the sole and exclusive protection and use of West University. No party shall be a third-party beneficiary hereunder, and no provision hereof shall operate or inure to the use and benefit of any third party, 7. Notices. All notices required or permitted to be given or made under this Agreement shall be addressed to the following as appropriate: If to CR V: CR V Hardy Yards, LP Attn: Tim Clark 301 Congress Avenue, Suite 500 Austin, Texas 78701 With a copy to: Gerald D. Higdon Locke Lord Bissell & Liddell LLP 600 Travis, Suite 2800 Houston, Texas 77002 If to the City of West University Place, Texas: City of West University Place Attn: City Manager 3800 W. University Blvd. West University Place, Texas 77005 With a copy to: Alan P. Petrov Johnson Radcliffe Petrov & Bobbitt PLLC 1001 McKinney, Suite 1000 Houston, Texas 77002 8. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which will constitute one and the same agreement. 9. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity of unenforceability will not affect the validity or enforceability of the remaining provisions of this Agreement. 10. Amendment. This Agreement may be amended only by a written instrument executed by the Applicant and West University. HOU:00 1 6348/00163-1438393v5 11. Applicable Law. This agreement and the rights and obligations of the Applicant and West University hereunder shall in all respects be governed by, and construed and enforced in accordance with, the laws of the state of Texas. 12. Waiver. Failure to insist upon strict compliance with any of the terms hereof shall not be considered to be a waiver of any such terms, nor shall it prevent the Applicant from insisting upon strict compliance with this Agreement at any time thereafter. 13. Assignabili ty. This Agreement may not be assigned by any party without the prior written consent of the other party. 14. Execution of Agreement. Each of the undersigned persons hereby represents and warrants that he is authorized and competent to execute this Agreement on behalf of the party he purports to represent. IN WITNESS HEREOF, this Agreement has been executed by the Applicant and West University effective as the date first set forth above. CR V HARDY YARDS, L.P. BY CR V rpA Y YARDS P, L.L.C. By: Title: President WEST UNIVERSITY PLACE HOU:0016348.!00163:1438393vS Exhibit A CR V Property PROPERTY OWNED BY CR V HARDY YARDS TRACT 1 Being a 41.933 acre tract of land located in the John Austin Survey, Abstract-I, In Harris County, Texas, said 41.933 acre tract being all of a called 8.1226 acre tract and a portion of a called 35.0258 acre tract both recorded in the name of Hardy Street Partners, LP., in Harris County Clerk's File (H.C.C.F_) numbers V435947, V545732 and V545733; said 41.933 acre tract being more particularly described by metes and bounds as follows: (bearings are referenced to the Texas State Plane Coordinate System, South Central Zone-4204, N.A.D.83): BEGINNING at a 518-inch iron rod found at the intersection of the easterly right-of-way (R.O W.) line of North Main Street (width varies) and the southerly R.O.W. line of Burnett Road (60 feet wide), for the northwest corner of said 8.1226 acre tract for the north Beginning of the herein described tract; west corner and Point of Thence, with the southerly R.O. W, line of said Burnett Street and the northerly lines of said 8.1226 acre tract and said 35.0258 acre tract the following three (3) courses: North 650 32'15" East. passing at a distance of 757.68 feet a 5/8-inch iron rod set for the northeast corner of said 8.1226 acre tract, being the northwest corner of said 35.0258 acre tract, passing at a distance of 773.81 feet a 5/8-inch iron rod found for the northeast corner of a called 8.299 acre lease area last defined and amended under H.C.C.F. number W406318, continuing for a total distance of 1730.29 feet to a 5/8-inch iron rod set for an angle point; North 72 ° 32' 32" East, a distance of 269.39 feet to a 5/8-inch iron rod set for an angle point, North 87° 42' 48" East, a distance of 430.50 feet to a 5/8-inch iron rod found for the northwest corner of a called 1.2155 acre tract recorded in the name of Burnett 1.2155 Acres, L.P., H.C.C.F. number Y144031, being the most northerly northeast corner of the herein described tract; Thence, with the west and south lines of said 1.2155 acre tract of the following two (2) courses: South 020 17 12" East, a distance of 151.50 feet to a 5/8-inch iron rod set for the southwest corner of said 1.2155 acre tract and an interior corner of the herein described tract: North 870 42' 48" East, for a distance of 349.50 feet to a 5/8-inch rod set on the westerly R.O.W. line of Hardy Street (60 feet wide per S.F. Noble's Addition as described in Volume 5, Page 69, of the Harris County Deed Records (H.C.D.R.)), for the southeast corner of said 1.2155 acre tract and an interior comer of the herein described tract; Thence, with the westerly R.O.W. line of said Hardy Street and,an easterly line of said 35.0258 acre tract, South 020 17 12" East, a distance of 208.50 feet to a 5/8-inch iron rod found for the southwest intersection of the west R.O.W. line of said Hardy Street and the south R.O.W line of Leona Street (60 feet wide per said S F. Noble's Addition), being an interior corner of the herein described tract: Thence, with the southerly R.O.W. line of said Leona Street and the northerly line of said 35.0258 acre tract, North 87° 42' 48" East, passing at a distance of 260.00 feet a 5/6-inch iron rod set at the intersection of the south R O.W. line of said Leona Street and the west R.O. W. line of Elysian Street (60 feet wide per said S.F. Noble's Addition), passing at a distance of 320,00 feet a 5i8- inch iron rod set at the intersection of the south R.O.W. line of said Leona Street and the east R.O.W. line of said Elysian Street and continuing for a total distance of 482.11 feet to a 5/8-inch iron rod found for the most easterly corner of said 35.0258 acre tract and the herein described tract; Thence, With the southerly lines of said 35.0258 acre tract and said 8.1226 acre tract the following seventeen (17) courses: South 61° 25' 19" West, a distance of 740.68 feet to a 5/8-inch iron rod found for an angle point; South 620 07' 41" West, a distance of 148.69 feet to a 5/8-inch iron rod set for an angle point, South 500 36' 00" West, a distance of 23.20 feet to a 5/8-inch iron rod set for an angle point; South 620 07' 41" West, a distance of 200, 00 feet to a 5/8-inch iron rod set for an angle point; South 73° 39' 21" West, a distance of 23.20 feet to a 5/8-inch iron rod set for an angle point; South 62° 07' 41" West, a distance of 71.69 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right, 299.91 feet along the arc of said curve to the right, having a central angle of 220 54' 41 a radius of 750.00 feet and a chord that bears South 73° 35' 01" West, a distance of 297.92 feet to a 5/8- inch iron rod set for the beginning of a compound curve to the left, 279.91 feet along the arc of said curve to the left, having a central angle of 02° 36' 48", a radius of 6137.05 feet and a chord that bears South 830 43' 58" West, a distance of 279.89 feet to a 5/8- inch iron rod set for the beginning of a compound curve to the right, 133.85 feet along the arc of said curve to the right67'22" having a central angle of 030 23' 36", a radius of 2260.00 feet and a chord that bears South 840 West, a distance of 133.83 feet to a 5/8- inch iron rod set for an angle point; South 850 49' 10" West, a distance of 576.55 feet to a 5/8-inch iron rod set for the southwest corner of aforesaid 35.0258 acre tract and an angle point for the herein described tract; North 250 41' 37" West, a distance of 49.16 feet to a 5/8-inch iron rod set for an angle point; South 640 39' 51" West, a distance of 117.88 feet to a 5/8-inch iron rod set for an angle point, South 670 57' 27" West, a distance of 28.81 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right; 305.57 feet along the arc of said curve to the right, having a central angle of 20° 35' 50", a radius of 850.00 feet and a chord that bears South 780 15' 21" West, a distance of 303.92 feet to a 5/8- inch iron rod set for the most southerly corner of said 8.1226 acre tract and an angle point for the herein described tract; North 24° 27' 45" West, a distance of 19.41 feet to a 5/8-inch iron rod set for an angle point; North 090 15' 19" West, a distance of 18.62 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right, 171.85 feet along the arc of said curve to the right, having a central angle of 22' 03' 23", a radius of 446,41 feet and a chord that bears South 870 01' 10" West, a distance of 170.79 feet to a 5/8- inch iron rod set on the easterly R.O.W line of aforesaid North Main Street, for the southwest corner of aforesaid 8.1226 acre tract and the herein described tract; 1 I Thence, with the east R.O.W. line of said North Main Street, North 240 27' 45" West, a distance of 336.46 feet to the Point of Beginning and containing 41.933 acre of land. SAVE AND EXCEPT TRACT 1A AND TRACT 1B, described as follows TRACT 1A Being a 0.1307 acre tract of land located in the John Austin Survey, Abstract-1, in Harris County, Texas; said 0.1307 acre tract being all of the R, O.W. of Elysian Street (60 feet wide per S.F. Noble's Addition as described in Volume 5, Page 69, H.C.D.R.) located in the aforementioned 35,0258 acre tract, said 0.1307 acre tract being more particularly described by metes and bounds as follows; (s arc referenced to the Texas State Plane Coordinate System, South Central Zone- 4204, N.A.D. 83); Beginning at a 5/8-inch iron rod set at the intersection of the south R.O.W. line of Leona Street (60 feet wide per said S.F. Nobel's Addition) and the west R.O.W, line of Elysian Street (60 feet wide per said S.F. Noble's Addition), for the northwest corner of the herein described tract; Thence, with the south line said Leona Street, crossing said Elysian Street, North 870 42' 48" East, a distance of 60.00 feet a 518-inch iron rod set at the intersection of the south R.O.W. line of said Leona Street and the east R.O.W. line of said Elysian Street for the northeast corner of the herein described tract; Thence, through and across said 35.0258 acre tract and with the east R.O.W. line of said Elysian Street, South 020 17' 12" East, a distance of 80.09 feet to a 5/8-inch iron rod set on the south line of said 35.0258 acre tract for the southeast corner of the herein described tract; Thence, with the southerly line of said 35.0258 acre tract and across said Elysian Street, South 619 25' 19" West, a distance of 66.92 feet 518-inch iron rod set on the westerly R.O.W of said Elysian Street for the southwest corner of the herein described tract; Thence, through and across said 35.0258 acre tract and with the west R.O.W. line of said Elysian Street, North 020 17' 12" West, a distance of 109.73 feet to the POINT OF BEGINNING and containing 0.1307 acre of land. TRACT 16 Description of a 9.7987 acre (426,832 square feet) parcel of land being all of a called 8.1226 acre tract and part of a called 35.0258 acre tract described in a Special Warranty Deed to Hardy Street Partners, L.P. filed for record under Harris County Clerk's File No. V545732, out of the Jahn Austin Survey, Abstract No. 1, in the City of Houston, Harris County, Texas, said 9.7967 acre tract being more particularly described as follows (All bearings are based on the North American Datum of 1983 (NAD83), Texas State Plane Coordinate System, South Central Zone. All distances and bearings are surface and may be converted to grid by multiplying by a scale factor of 0.999893351) Beginning at a chiseled "X" (X = 3,123,492,61 Y = 13,847,839.63) in a concrete wall found for the intersection of the easterly right-of-way line of North Main Street (width varies) and the southerly right-of-way line of Burnett Street (60 feet wide), said point being the northwest corner of said called 8.1226 acre tract and of the herein described parcel, THENCE, North 65°32'45" East, along the southerly right-of-way line of Burnett Street, passing at a distance of 757.68 feet a point for the northeast corner of the said 8.1226 acre tract and the northwest corner of the said 35.0258 acre tract, and continuing along said southerly right-of-way line passing at a distance of 773.74 feet a found 5./8-inch iron rod with cap and continuing along said southerly right-cf-way line for a total distance of 794.99 feet to a 5/8-inch iron rod with cap set for the northeast corner of the herein described parcel; THENCE, South 24°27'15" East, a distance of 446.94 feet to a 5/8-inch iron rod set for corner of the herein described parcel, THENCE, South 79°11'30" East, a distance of 216.63 feet to a 5/8-inch iron rod set for corner of the herein described parcel, THENCE, North 87°36'39" East, a distance of 122.58 feet to a 5/8-inch iron rod set for a southeasterly corner of the herein described parcel, THENCE, South 04°10'20" East, a distance of 106.82 feet to a 5/8-inch iron rod set for the most southerly corner of the herein described parcel; THENCE, South 85°49'40" West, a distance of 480.00 feet to a 5/8-inch iron rod found for corner of the herein described parcel, THENCE, North 25°41'07" West, a distance of 49.16 feet to 5/8-inch iron rod found for the most westerly southwest corner of said 35.0258 acre tract, same being an interior corner of the herein described parcel, THENCE, South 64°40'21" West, along the southerly line of the said 8.1226 acre tract, a distance of 117.88 feet to a 5/8 inch iron rod with cap found for an angle point of the herein described parcel; THENCE, South 67°57'57" West, a distance of 28.81 feet to a 5/8-inch iron rod with cap found for the point of curvature of a tangent curve to the right, THENCE, southwesterly, along said curve to the right, having a radius of 850.00 feet, through a central angle of 20°35'49" (the chord bears South 78°15'51" West, a distance of 303.92 feet) an arc distance of 305.56 feet to a 5,18-inch iron rod cap set for an angle point of the herein described parcel; THENCE, North 24°27'15" West, a distance of 19.41 feet to a 5/8-inch iron rod with cap set for an angle point of the herein described parcel; THENCE, North 09°14'49" West, a distance of 18.62 feet to a 5/8-inch iron rod with cap found for an interior corner of the herein described parcel, said point being in a non-tangent curve to the right, THENCE, southwesterly, along said non-tangent curve to the right, having a radius of 446.41 feet, through a central angle of 22°03'23" (the chord bears South 87°01'40^ West, a distance of 170.79 feet) an arc distance of 171.85 feet to a 5/8-inch iron rod set in the easterly right-of-way line of the aforementioned North Main Street, said point being the most westerly southwest corner of the herein described parcel, THENCE, North 24=2715" West, along the easterly right-of-way line of said North Main Street, a distance of 336.46 feet to the POINT OF BEGINNING and containing a computed area of 9,7987 acres (426,832 square feet) of land. TRACT2 Being a 1.2155 acre tract of land located in the John Austin Survey, Abstract-1, in Harris County, Texas, said 1.2155 acre tract being part of a called 35,0258 acre tract recorded in the name of Hardy Street Partners, L. P., in Harris County Clerk's File (H C C. F.) numbers V435947. V545732 and V545733 and all of a called 1.2155 acre tract recorded in the name of Burnett 1,2155 Acres, L.P., H.C.C,F. number Y144031, said 1.2155 acre tract being more particularly described by metes and bounds as follows; (bearings are referenced to the Texas State Plane Coordinate System, South Central Zone- 4204, N.A.D.83): COMMENCING at a 5/8-inch iron rod found at the intersection of the easterly right-of,-way (R.O.W.) line of North Main Street (width varies) and the southerly R.O.W. line of Burnett Road (60 feet wide), for the northwest corner of a called 8.1226 acre tract recorded in the name of Hardy Street Partners, L. P., in H.C.C. F. numbers V435947, V545732 and V545733; Thence, with the southerly R.O.W. line of said Burnett Street and the northerly line of said 8.1226 acre tract and said 35.0258 acre tract the following three (3) courses: North 650 32' 15" East, passing at a distance of 757.68 feet a 5/8-inch iron rod set for the northeast corner of said 8.1226 acre tract, being the northeast comer of said 35.0258 acre tract, passing at a distance of 773.81 feet a 5/8-inch iron rod found for the northeast corner of a called 8-299 acre lease area last defined and amended under H.C.C.F. number W406318, continuing for a total distance of 1730.29 feet to a 5/8-inch iron rod set for an angle point, North 720 32' 32" East, a distance of 269.39 feet to a 5/8- inch iron rod set for an angle point, North 870 42' 48" East, a distance of 430.50 feet to a 5/8-inch iron rod found for the northwest corner of said 1.2155 acre tract and POINT OF BEGINNING of the herein described tract, Thence, continuing with the southerly R.O.W. line of said Burnett Street and the northerly line of said 1.2155 acre tract, North 870 42' 48" East, a distance of 349.50 feet to an "X' out in concrete found at the intersection of the south R.O.W. line of said Burnett Street and the west R.O.W. line of Hardy Street (60 feet wide per S.F. Noble's Addition as described in Volume 5, Page fig, of the Harris County Deed Records (H.C.D.R.)), for the northeast corner of said 1.2155 acre tract and the herein described tract; Thence, with the west R.O. W, line of said Hardy Street and the east line of said 1.2155 acre tract, South 02° 17' 12" East, a distance of 151.50 feet to a 5/8-inch rod set for the southeast corner of said 1.2155 acre tract and the herein described tract; Thence, with the south and west lines of said 1.2155 acre tract the following two (2) courses: South 870 42' 48" West, for a distance of 349.50 feet to a 5/8-inch iron rod set for the southwest corner of said 1.2155 acre tract and the herein described tract; North 020 17' 12" West, a distance of 151.50 feet to the Point of Beginning and containing 1.2155 acres of land. TRACTS Description of a 1.3774 acre (60,000 square feet) tract of land located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 1 3774 acre tract being more particularly described as follows (with bearing are referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27) Beginning at a 5/8 Inch iron rod with plastic cap set for the intersection of the easterly right-of-way line of Maury Street (60 feet wide) and the southerly right-of-way line of Brooks Street (60 feet wide), said point being the northwest corner of the herein described tract; THENCE, North 87°43'18" East, along the southerly right-of-way line of Brooks Street, a distance of 200.0 feet to a 5/9 inch iron rod with plastic cap set in the westerly right-of-way line of Maffitt Street (width varies) for the northeast corner of the herein described tract; THENCE, South 02°16'42" East, along the westerly right-of-way line of said Maffitt Street, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap set in the northerly right-of-way line of Burnett Street (60 feet wide) for the southeast corner of the herein described tract; THENCE, South 67°43'18" West, alongironthe northerly right-of-way line of said Burnett Street, a distance of 200.00 feet to a 5/8 inch rod with plastic cap set in the easterly right-of-way line of said Maury Street for the southwest corner of the herein described tract, THENCE, North 02°16'42" West, along the easterly right-of-way line of said Maury Street, a distance of 300.00 feet to the POINT OF BEGINNING and containing a computed area of 1.3774 acres (60,000 square feet) of land TRACT 4 Description of a 1.377 acre (60,000 square feet) tract of land being all of Block 63 according to the plat thereof recorded under Volume 5, Page 69 of the S.F. NOBLES ADDITION, NORTHSIDE OF BUFFALO BAYOU Harris County Deed Records and being the same 1.3774 acre tract described in a deed to Rubber Applicators, Inc. as recorded under Harris County Clerk's File No. H047380, located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 1.377 acre tract being more particularly described as follows (with bearing are referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27) BEGINNING at a 5/8 inch iron rod with plastic cap found at the intersection of the westerly right- of-way line of Maury Street (60 feet wide as recorded under Vol 5, Pg 69 of said F S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) and the southerly right-of-way line of Burnett Street (60 feet wide, as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU)), for the northeast corner of this herein described tract, THENCE, South 02°16'42" East, along the westerly right-of-way line of said Maury Street, and the easterly line of said Block 63, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap set in the northerly right-of-way line of Leona Street (60 feet width as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) for the southeast corner of this herein described tract; THENCE, South 87°43'18" West ,h ir along the northerly right-of-way line of s aid Leona Street, a distance of 200.00 feet to a 5/8 inch on rod with plastic cap set in the easterly right -of-wa y line of Elysian Street (60 feet wide as recorded under Vol. 5, Pg. 69 of said F.S. NOBLES ADDITION NORTHSIDE OF BUFFALO BAYOU) for the southwest corner of this herein described tract, THENCE, North 02°16'42" West, along the easterly right-of-way line of said Elysian Street, a distance of 300.00 feet to a 518 inch iron rod with plastic cap set in the southerly right-of-way line of aforesaid Burnett Street for the northeast corner of this herein described tract, THENCE, North 87°43'18" East, along the southerly right-of-way line of the aforesaid Burnett Street, a distance of 200.00 feet to the POINT OF BEGINNING and containing a computed area of 1.377 acres (60,000 square feet) of land. TRACT 5 Description of a 0.9474 acre (41,267 square feet) tract of land located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 0.9474 acre tract being more particularly described as follows (with bearing are referenced to the Texas State PI e Coordinate System, South Central Zone, NAD27). an Beginning at a 5/8 inch iron rod with plastic cap set for the intersection of the easterly right-of-way line of Maury Street (60 feet wide) and the southerly right-of-way line of Burnett Street (60 feet wide), said point being the northwest corner of the herein described tract; THENCE, North 87°43'18" East, along the southerly right-of-way line of Burnett Street, a distance of 202.50 feet to a point in the westerly right-of-way line of Maffitt Street (width varies) for the northeast corner of the herein described tract; THENCE, South 11`49'18" West, a distance of 105.79 feet to an angle point for the herein described tract; THENCE. South 24°53'50" West, a distance of 82.17 feet to a 5/8 inch iron rod with plastic cap set for beginning of a non-tangent curve to the right; e THENCE, southwest rly, along said curve to the right having a radius of 342.78 feet through a central angle of 31`35'15" (the chord bears South 45°58'01" West, a distance of 186.59 feet) an arc distance of 188.98 feet to a 5/8 inch iron rod with plastic cap set in the easterly right-of-way line of said Maury Street for the southwest corner of the herein described tract; THENCE, North 02°16'42" West, along the easterly right-of-way line of said Maury Street, a distance of 299.96 feet to the POINT OF BEGINNING and containing a computed area of 0.9474 acres (41,267 square feet) of land. Exhibit B Nearby Properties PROPERTY OWNED BY GULF STATES INVESTMENTS CORPORATION TRACT1 Description of a 2.723 acre (118,621 square feet) tract of land being all of a called 0.472 acre tract recorded in File Number 200 902 3 86 3 5 of the Harris County Official Public Records of Real Property (H.C,O.P.R R P.), all of a called 57,439 square feet tract recorded in Volume 6350, Page 319 of the Harris County Deed Records (H.C.D.R.) and the residue of a called 50,706 square feet tract recorded in Volume 6343, Page 25 of said H.C.D.R. and situated in the John Austin Survey, Abstract No. 1, in Harris County, Texas, said 2.723 acre tract being more particularly described as follows (with bearings referenced to the Texas Coordinate System of 1983, South Central Zone); BEGINNING at a iron pipe found at the intersection of the westerly right-of-way line of Chapman Street (a 60 feet wide right-of-way) and the north right-of-way line of Conti Street (a 60 feet wide right-of-way) and the southeast corner of said 57,439 square feet tract; THENCE, South 57005'39" West, along the northerly right-of-way line of said Conti Street, a distance of 478.51 feet to a point for the southwest corner of said 50,706 square feet tract in the easterly right-of-way line of High Street (a 40 feet wide right-of-way); THENCE, North 18036'36" West, along the easterly right-of-way line of said High Street, a distance of 131.04 feet to a PK nail set for the southwest corner of a called 0.234 acre tract recorded in File Number 20090238634 of said H.C.O.P.R.R.P., THENCE, North 57004'02" East, along the southerly line of said 0.234 acre tract, a distance of 102.52 feet to an X' in concrete set for the southeast corner of said 0.234 acre tract; THENCE, North 18040'02" West, along the easterly line of said 0.234 acre tract, passing at a distance of 98.00 feet an "X" in concrete set for the northeast of corner of said 0.234 acre tract and the southwest corner of said 0.472 acre tract, and continuing along the westerly line of said 0.472 acre tract for a total distance of 173.24 feet to a 5/8" iron rod with plastic cap stamped "SURVCON INC" set for the northwest corner of said 0.472 acre tract, THENCE, North 62009'12" East, along the northerly line of said 0.472 acre tract, a distance of 197.28 feet to an angle point from which a Y.' iron rod bears South 14003' East, a distance of 0.81 feet; THENCE. North 6202912" East, continuing along the northerly line of said 0.472 acre tract, a distance of 80.61 feet to a point for the northeast corner of said 0.472 acre tract and the most northerly northwest corner of said 57,439 square feet tract from which a found 5/8" iron rod bears North 26'17' West, a distance of 1,61 feet; THENCE, North 62008'24" East, along a northerly line of said 57.439 square feet tract, a distance of 97.92 feet to a point for the northeast corner of said 57.439 square feet tract in the westerly right-of-way line of said Chapman Street, from which a found iron pipe bears North 20057' West, a distance of 1.05 feet; THENCE, South 17014'36" East, along the westerly right-of-way line of said Chapman street, a distance of 271.44 feet to the POINT OF BEGINNING, and containing a computed area of 2.723 acres (118,621 square feet) PROPERTY OWNED BY UNION PACIFIC RAILROAD TRACT 1 All that certain tract or parcel containing 1.4576 acres of land known as Tract 1, same being comprised of Lots 1, 2, 3, 4, 5A, 6, 7A, 9, 10, 11 12 & 15 in Block 2, Tracts 1 and 8 in Block 3 and Tracts 13 and 14 in Block 5, each in Trenton Addition, an unrecorded subdivision situated in the John Austin Survey, A-1 in Harris County, Texas, said Tract 1 also being comprised of all or part of lan Page Vo umet 100, Pagecertain1tr73acts Volume 13 1 as age r192, Volumen1311 Page 1946 Volume 7953 Page 5 an d Volume 964, Page 86 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a rail road spike in asphalt (found) marking the intersection of the Northeast right-of-way line of Daly Street, (variable width), with the Southeast right-of-way line of Trenton Street, (aka Burnett Street, variable width), same point marking the Westerly corner of that certain call 0.7868 acre tract of land out of Block 5 in said Trenton Addition as described in a deed filed for record under Harris County Clerk's File No. H-697906; THENCE N 17043'52" E, a distance of 74.94 feet, (call N 19054'00" E, 75.00 feet), along the Southeast right-of-way line of said Trenton Street and the Northwest line of said 0.7868 acre tract of land to a 5/8" iron rod in asphalt (found) marking the Northerly corner of said 0.7868 acre tract of land and the most Westerly corner and POINT OF BEGINNING of the herein described Tract 1; THENCE N 15024'23" E, a distance of 1.75 feet along the Southeast right-of-way line of said Trenton Street to a rail road spike in asphalt (found) for angle point marking an interior corner of the herein described Tract 1; THENCE N 66503247" E, a distance of 92.86 feet along the Southeast right-of-way line of said Trenton Street to a 5/8" iron rod with G. S. cap (found) for angle point marking an interior corner of the herein described Tract 1; THENCE S 24°27'01" E, a distance of 15.39 feet along the Southeast right-of-way line of said Trenton Street to a p.k. nail with Terra Surveying Shiner (found) for angle point marking an interior corner of the herein described Tract 1; THENCE N 62010'32" E, a distance of 261.79 feet along the Southeast right-of-way line of said Trenton Street to a 518" iron rod with G. S. cap (found) marking the intersection of the Southeast right-of-way line of said Trenton Street with the Southwest right-of-way line of North Main Street, (variable width), same point marking the Northerly corner of the herein described Tract 1, THENCE S 30033'40' E, a distance of 368.71 feet along the Southwest right-of-way line of said North Main Street to a 5/8" iron rod with G. S. cap (found) marking the intersection of the Northeast right-of-way line of said Daly Street with the Southwest right-of-way line of said North Main Street, same point marking the Easterly corner of the herein described Tract 1, THENCE N 66057'34" W, a distance of 12.74 feet along the Northeast right-of-way line of said Daly Street to a 5/8" iron rod with G. S, cap (found) for angle point marking an interior corner of the herein described Tract 1, THENCE S 78014'55" W, a distance of 78 15 feet along the Northeast right-of-way line of said Daly Street to a 5/8" iron rod with G. S. cap (found) in the Southeast line of said 0 7668 acre tract of land marking the Southerly corner of the herein described Tract 1 THENCE N 17045'53" E. (call N 19054'00" E), a distance of 4117 feet along the Southeast line of acre ct of land of sad 067668 creetract of l nd and aniron rod with G S cap (fond) or corner of the herein described Tract J Easterly corner THENCE N 72°17'25^ W. a distance of 457,03 feet, (call N 70006'00" W, 475.00 feet), along the Northeast line of said 0.7668 acre tract of land to the POINT OF BE 1.4576 acres of land. GINNING and containing TRACT 2 All that certain tract or parcel containing 6.4436 acres of land known as Tract 2 in the John Austin Survey, A-1 in Harris County, Texas, said Tract 2 also being comprised of all of Tracts 1E-1 and R-1 out of those certain tracts of land as described in Volume 18, Page 149, Volume 18, Page 155 both in the Harris County Deed Records and under Clerk's File No. B-422875, being more particularly described by metes and bounds as follows: said Tract 2 BEGINNING at a 5/8" iron rod (found) in the Northeast right-of-way line of North Main Street, (variable width), marking the Southwest corner of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No Y-922883 and the Northwest corner of the herein described Tract 2, same point bein radius of 446.41 feet; g in a curve to the left having a THENCE Easterly, along the common line of said 41 933 acre tract of land and said Tract 2, with said curve to the left through a central angle of 22°03'32"(call 22, a chord bearing and i distance of N 87°04'26" E, 170.81 feet, (call N 87 -01-46- °03'24") E. 17079 feet), chord are distance of 171.87 feet, (call 171.85 feet), to a 5/8" iron rod with Clark Geogram cap {found) marking an nterior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2; THENCE S 09°29'38" E, a distance of 18.56 feet, (call S 09015'19" E. 18.62 feet), along the common fine of said 41.933 acre tract of land and said Tract 2 to a 518" iron rod with Clark Geogram cap (found) for angle point of said 41.933 acre tract of land and an angle point of the herein described Tract 2; THENCE S 24019'25" E, (call S 24027'45" E), a distance of 19.41 feet along the common line of said 41.933 acre tract of land and said Tract 2' to a 5/8" iron rod with Clark Geogram cap (found) marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2, same point being in a curve to the left having a radius of 850.00 feet; THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 2, with said curve to the left through a central angle of 20035'47", (call 20°35'49"), a chord bearing and distance of N 78013'33" E, 303.91 feet, (call N 78°1521" E, 303.92 feet), an arc distance of 305.55 feet, (call 305.56 feet), to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2: THENCE N 68°11'14" E. a distance of 28.85 feet, (call N 67°5727" E. 28.81 feet), along the common line of said 41,933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2; ii THENCE N 64°28'01" E, a distance of 117.90 feet, (call N 64°39'51" E, 117.88 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark ' Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and { an interior corner of the herein described Tract 2; THENCE S 25045'18" E. a distance of 49.45 feet (call S 25°41'37" E. 49.16 feet), along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with Clark Geogram cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 2; THENCE N 85049'04" E, (call N 85049'10" E), a distance of 469.45 feet along the common line of said 41.933 acre tract of land and said Tract 2 to a 5/8" iron rod with EIC cap (set) (found) marking the Northeast corner of the herein described Tract 2 and the Northwest corner of that certain 4.7470 acre tract of land known as Tract 3, said Tract 3 being comprised of Tract 1 in Block 49 of the S. F. Nobles Subdivision, a subdivision in said Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, and Tracts R4, R7A and R78 situated in said John Austin Survey, A-1, said Tract 3 also being out those certain tracts of land as described in said Volume 18, Page 149, said Volume 18, Page 155, Volume 21, Page 539, Volume 21, Page 540, Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed Records, THENCE S 04014'51" E, (call S 01°57'46" E), a distance of 232.16 feet along the common line of said Tracts 2 and 3 to a 3/8" iron rod (found bent) marking the Northeast corner of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. M-662374 and the Easterly-Southeast comer of the herein described Tract 2, THENCE S 85°43'20" W, a distance of 737.81 feet, (call S 88°02'14" W, 737.80 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to an "x" in concrete (found) marking the Northwest corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, from this point a punch mark in concrete (found) bears S 30°03'59" W, 0.41 feet; THENCE S 17°49'39" W, a distance of 29.62 feet, (call S 20°17'43" W, 29,65 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to a 5/iron rod with G. S. cap (found) marking an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, same point being in a curve to the right having a radius of 214.66 feet; THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 16°28'41", (call 16°28'17"), a chord bearing and distance of S 63°49'39" E. 61.52 feet, (call S 61028'08" E, 61.50 feet), an arc distance of 61.73 feet, (call 61.71 feet), to an "x" in concrete (found) marking a point of tangency, an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2; THENCE S 55012'21" E, a distance of 78.73 feet, (call S 53014'00" E, 78 76 feet), along the common line of said Tract 2 and said 1.6444 acre tract of land to an "x" in concrete (found) for angle point marking an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, same point marking the being of a curve to the right having a radius of 385.84 feet, THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 07013'34", a chord bearing and distance of S 51°57'07" E, (call S 49037'13" E), 48.63 feet, an arc distance of 48.66 feet to an "x" in concrete (found) marking a point of tangency, an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2; THENCE S 48020'20" E, (call S 46°00'26" E), a distance of 100.78 feet along the common line of said Tract 2 and said 1.6444 acre tract of land to an "x" in concrete (found) for angle point marking an interior corner of said 1.6444 acre tract of land and an interior corner of the herein described Tract 2, same point marking the being of a curve to the right having a radius of 471.64 feet; THENCE Southeasterly, along the common line of said 1.6444 acre tract of land and said Tract 2, with said curve to the right through a central angle of 08°47'08 a chord bearing and distance of S 43°56'45" E, (call S 41036'51" E), 72.25 feet, an arc distance of 72.32 feet to an "x" in concrete (found) in the Northwest right-of-way line of Naylor Street, a 60.00 foot right-of-way for street, road and highway purposes as described in an instrument filed for record in Volume 2047, Page 146 of said Harris County Deed Records marking the Southwest corner of said 1.6444 acre tract of land and the Southerly-Southeast corner of the herein described Tract 2; THENCE S 65046'35" W, (call S 68009'30" W), a distance of 84.31 feet along the Northwest right- of-way line of said Naylor Street and the Southerly line of said Tract 2 to a 5/8" iron rod with G. S. cap (found) marking the most Southeasterly corner of Restricted Reserve "B" in Block 1 of Telecom Subdivision, a subdivision in said Harris County, Texas according to the map or plat thereof filed for record under Film Code No. 484135 of the Harris County Map Records and the Southerly-Southwest corner of the herein described Tract 2, from which point a P.K. nail with shiner (found) marking the Southwesterly corner of said Restricted Reserve "B" bears S 65055'33" W, 185.59 feet, (call S 68016'53" W, 185.42 feet); THENCE N 42018'59" W, a distance of 275.00 feet, (call N 39°55'15" W, 275.05 feet), along the common line of said Restricted Reserve "B" and said Tract 2 to a iron rod with Maverick Engineering cap (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2, from which point a Y" iron pipe (found) for reference bears S 52°26'21" W, 1.11 feet; THENCE N 59027'03" W, (call N 57°05'43" W), a distance of 91.64 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a 3/." iron rod with Maverick Engineering cap (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2, THENCE S 66°25'46" W, (call S 65047'06" W), a distance of 12.93 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a p,k. nail with shiner (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2, THENCE N 61026'43" W, (call N 59005'23" W), a distance of 65.94 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a 5/8" iron rod with Prejean cap (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; N 61018'49" W, (call N 58057'29" W), a distance of 89.26 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a p.k, nail with shiner (found) for angle point marking an interior corner of said Restricted Reserve "B" and an interior corner of the herein described Tract 2; THENCE N 67032'52" W, (call N 65011'32" W), a distance of 116.47 feet along the common line of said Restricted Reserve "B" and said Tract 2 to a 5/8" iron rod with Prejean cap (found) for angle pointing the east right-of-way line of said North main Street marking the Northerly corner of said Restricted Reserve 'B" and the Westerly-Southwest corner of the herein described Tract 2; THENCE N 26055'56" W, a distance of 135.37 feet to the POINT OF BEGINNING and contalnin, 6.4436 acres of land. TRACT 3 All that certain tract or parcel containing 4.7470 acres of land known as Tract 3, said Tract 3 being comprised of Tract 1 in Block 49 of the S F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, and Tracts R4, R7A and R7B situated in the John Austin Survey, A- 1 in said Harris County, Texas, said Tract 3 also being out those certain tracts of land as described in Volume 18, Page 149, Volume 18, Page 155, Volume 21, Page 539, Volume 21, Page 540, Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with G. S. cap (found) in the Easterly line of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No, M- 652374 marking the Northwest corner of that certain call 1.7298 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. N-469053 and the Southwest corner of the herein described Tract 3; THENCE N 04°14'51" W. (call N 01°56'46" W), along the common line of said 1.7928 and said 1.6444 acre tracts of land, passing at 2.10 feet a 3/8" iron rod (found bent) marking the Northeast corner of said 1.6444 acre tract of land and the Easterly-Southeast corner of that certain 6.4436 acre tract of land known as Tract 2 in said John Austin Survey, A-1 in Harris County, Texas, said Tract 2 also being comprised of all of Tracts tE-1 and R-1 out of those certain tracts of land as described in said Volume 18, Page 149, said Volume 18, Page 155 both in the Harris County Deed Records and under Clerk's File No. a-422875, a total distance of 234.26 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northeast corner of said Tract 2 and the Northwest corner of the herein described Tract 3; THENCE N 65049'04" E. (call N 85°49'10" E), a distance of 107.17 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3, same point marking the beginning of a curve to the left having a radius of 2,260,00 feet, THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 03°23'29", (call 03023'36"), a chord bearing and distance of N 84006'20" E, 133.75 feet, (call N 84°07'22" E, 133.83 feet), an arc distance of 133.17 feet, (call 133.85 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41,933 acre tract of land and an interior corner of the herein described Tract 3, same point marking the beginning of a compound curve to the left having a radius of 6,137.05 feet, THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 02°36'46", (call 02036'48"), a chord bearing and distance of N 83°4413" E, 279.83 feet, (call N 83043'58" E. 279,89 feet), an arc distance of 279.85 feet, (call 279.91 feet), to a 518" iron rod with Miller Surveying cap (found) marking an interior comer of said 41.933 acre tract of land and an interior corner of the herein described Tract 3, same point marking the beginning of a compound curve to the left having a radius of 750.00 feet, THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 22054'37", (call 22054'41") a chord bearing and distance of N 73°34'52" E, 297.90 feet, (call N 73035'01" E, 297.92 feet), an arc distance of 299.89 feet, (call 299.91 feet), to a 5/8" iron rod with Miller Surveying ca marking a point of tangency, an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3; THENCE N 62009'50" E. (call N 62°07'41" E), a distance of 71 .69 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3; THENCE N 73°41'31" E. (call N 73°39'21" E), a distance of 23.20 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 3; THENCE N 62009'50" E, (call N 62°07'41" E), a distance of 157 19 feet along the common it said 41.933 acre tract of land and said Tract 3 to a 5/8" ne of iron rod with EIC Surveying cap (set) for angle point marking interior corner of said 41.933 acre tract of land and the Northerly-Northeast corner of the herein described Tract 3 and the Northwest corner of that certain 0.1665 acre tract of land known as Tract 4 out of Lot 6 in Block 47 of said S. F. Nobles Subdivision, said Tract 4 also being that same tract of land as described in a deed fled for record in Volume 21, Page 633 of said Harris County Deed Records; THENCE S 02012'28" E, a distance of 61.29 feet along the common line of said Tracts 3 and 4 to a point for corner on old rail road track marking the Southwest corner of said Tract 4 and an interior corner of the herein described Tract 3, THENCE N 62010105" E, a distance of 125.95 feet along the common line of said Tracts 3 and 4 to a point for corner on old rail road track in the West right-of-way line of McKee Street, (60.00 feet in width), marking the Southeast corner of said Tract 4 and the Easterly-Northeast corner of the herein described Tract 3; THENCE S 02°12'28" E, a distance of 71.40 feet along the West right-of-way line of said McKee Street to a 1" iron pipe (found) marking the Northeast corner of Lot 12 in said Block 47 and the Northeast corner of that certain call 1.7652 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. E-735759, THENCE S 62027'18" W, (call S 64051'00" W), along the common line of said Lot 12, said 1.7652 acre tract of land and said Tract 3, passing at 125.65 feet the Northwest corner of said Lot 12 and the Northeast corner of Lot 1 in Block 4 of the W. E. Champions Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume X, Page 788 of the Harris County Deed Records, and passing at 450.72 feet a 5/8' iron rod with G. S. cap (found) in the East right-of-way line of Chapman Street, (60.00 feet in width), marking the Northwest corner of Lot 6 in said Block 4 and the Northwest corner of said 1.7652 acre tract of land, a total distance of 511.69 feet to a 5/8" iron rod (found) in the West right-of-way line of said Chapman Street, the East line of Lot 1 in Block 3 of said W. E. Champions Subdivision and the East line of that certain call 57,439 square foot tract of land as described in a deed filed for record under Harris County Clerk's File No. C-3005200 marking an interior comer of the herein described Tract 3; THENCE N 17°19'21" W, (call N 14°53'00" W), a distance of 12.27 feet along the West right-of- way line of said Chapman Street, the East line of said Lot 1 in Block 3 and the common line of said Tract 3 and said 57,439 square foot tract of land to a 1" iron pipe (found) marking the Northeast corner of said Lot 1 in Block 3, the Northeast corner of said 57,439 square foot tract of land and an interior corner of the herein described Tract 3, THENCE S 62035'50" W, a distance of 97,85 feel, (call S 64°30'00" W. 97 94 feet), along the common line of said Lot 1 in Block 3, said Tract 3 and said 57,439 square foot tract of land to 5/8" iron rod (found bent) for angle point marking the Northwest corner of Lot 2 in said Block 3, an interior corner of said 57,439 square foot tract of land, the Northeast corner of said 1, tract of land and an interior corner of the herein described Tract 3; 7298 acre THENCE S 60038'46" W, a distance of 80.86 feet, (call S 64°50'00" W, 80.61 feet), along the common line of said Tract 3 and said 1 7298 acre tract of land to a Y iron rod (found bent) for angle point marking an interior corner of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3; THENCE S 61057'09" W, a distance of 321,61 feet, (call S 64°30'00" W, 325.84 feet), along the common line of said Tract 3 and said 1 7298 acre tract of land to a5/8' iron rod (found bent) for angle point marking an interior corner of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3, THENCE N 04003'58" W, a distance of 68.15 feet, (call N 01°52'46"E, 68.32 feet), along the common line of said Tract 3 and said 1.7298 acre tract of land to a iron rod (found bent) for angle point marking an interior corner of said 1.7298 acre tract of land and an interior corner of the herein described Tract 3, THENCE S 85045'01" W, a distance of 224.90 feet, (call S 88°02'14" W, 224 86 feet), along common line of said Tract 3 and said 1.7298 acre tract of land to the POINT OF BEGINNING and containing 4.4740 acres of land. the TRACT 4 All that certain tract or parcel containing 0.1665 acres of land known as Tract 4, said Tract 4 being comprised of Tract 6 in Block 47 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for reco Harris County Map Records, said Tract 4 rd in Volume 5, Page 69 of the also being that same tract of land as described in Volume 21, Page 633 of the Harris County Deed Records and being more particularly described by metes and bounds as foflows: COMMENCING at a 5/8" iron rod with G. S. cap (found) in the Easterly line of that certain call 1.6444 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. M-662374 marking the Northwest corner of that certain call 1.7298 acre tract of land as described in a deed filed for record under Harris County Southwest comer of that certain 4.7470 acre tact of land olwn asFT act 3, said Tract 3 being comprised of Tract 1 in Block 49 of the S. F. Nobles Subdivision, a Subdivision in Ham's County Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris , County Map Records, and Tracts R4, R7A and R7B situated in the John Austin Survey, said Harris County, Texas, said Tract 3 also being out those certain tracts of land as described in Volume 18, Page 149, Volume 18, Page 155, Volume 21, Page 539, Volume 21, Page 540h Volume 21, Page 639 and Volume 26, Page 461 of said Harris County Deed Records; THENCE N 04014'51" W, (call N 01°5646" W), along the common line of said 1.7928 and said 1.6444 acre tracts of land, passing at 2.10 feet a 318" iron rod (found bent) marking the Northeast corner of d and the Easte acre tract ofl lad nd6knownc stTract 2linnsaid John AustiinrSy-south urve A st corner of that certain 6.4436 Tract 2 also being comprised of all of Tracts 1E- y 1 in Harris County, Texas, said described in said Volume 18, Page 149, said Vol 1 and - out ce tracts as ume R81 Pagef1those 55 both nlthe Harcsf Codunty Deed Records and under Clerk's File No. 8-422875, a total distance of 234.26 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain call 41 933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No, Y- Northeast corner of said Tract 2 and the Northwest corner of said Tract 3; 922883 marking the THENCE N 85°49'04" E o ' said 41.933 acre tract of and and said Tra E)3 to a 5/BCeron rod w th MIIIe~SU ey rig cap (found) fine of for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of said t; Tract 3, same point marking the beginning of a curve to the left having a radius of 2,260,00 fee i THENCE Easterly, along the common line of said 41.933 acre tract of land and said Tract 3, with said curve to the left through a central angle of 03°23'29", (call 03°23'36"), a chord bearing and distance of N 84°06'20" E. 133.75 feet, (call N 84°07'22" E, 133.83 feet), an arc distance of 133.17 feet, (call 133.85 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, same point marking the beginning of a compound curve to the left having a radius of 6,137.05 feet; THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 4, with said curve to the left through a central angle of 02036'46", (call 02°36'48"), a chord bearing and distance of N 83°44'13" E, 279.83 feet, (call N 83°43'58" E, 279.89 feet), an arc distance of 279,85 feet, (call 279.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking an interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, same point marking the beginning of a compound curve to the left having a radius of 750.00 feet; THENCE continuing Easterly, along the common line of said 41.933 acre tract of land and said Tract 4, with said curve to the left through a central angle of 22054'37", (call 22054'41"), a chord bearing and distance of N 73°34'52" E, 299.89 feet, (call N 73035'01" E, 297.92 feet), an arc distance of 299.89 feet, (call 299.91 feet), to a 5/8" iron rod with Miller Surveying cap (found) marking a point of tangency, an interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, THENCE N 62009'50" E, (call N 62°07'41" E), a distance of 71.69 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3; THENCE N 73°41'31" E, (call N 73039'21" E), a distance of 23.20 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with Miller Surveying cap (found) for angle point marking interior corner of said 41.933 acre tract of land and an interior corner of said Tract 3, THENCE N 62009'50" E, (call N 62°07'41" E), a distance of 157.19 feet along the common line of said 41.933 acre tract of land and said Tract 3 to a 5/8" iron rod with EIC Surveying cap (set) for angle point in the West line of said Block 47 marking an interior corner of said 41.933 acre tract of land, the Northerly-Northeast corner of said Tract 3 and the Northwest corner and POINT OF BEGINNING the herein described Tract 4; THENCE N 62009'50" E, (call N 62007'41" E), a distance of 43.01 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 4; THENCE N 50038'10" E, (call N 50038'08" E), a distance of 23.20 feet along the-common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (found) for angle point marking an interior corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 4; THENCE N 62009'50" E, (call N 62°07'41" E), a distance of 62.43 feet along the common line of said 41.933 acre tract of land and said Tract 4 to a 5/8" iron rod with EIC Surveying cap (set) in the West right-of-way line of McKee Street, (60.00 feet in width) marking the Northeast corner of the herein described Tract 4; THENCE S 02012'28" E. a distance of 66.44 feet along the West right-of-way line of said McKee Street and the East line of said Tract 4 to a point for corner on old rail road track in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50,00 feet in width), as shown on the plat of said S F. Nobles Subdivision marking the Southeast corner of the herein described Tract 4 and the Easterly-Northeast corner of said Tract 3; THENCE S 62010'05" W, a distance of 125,95 feet along the Northwest line of said Southern Pacific Rail Road Company Easement and the common line of said Tracts 3 and 4 to a point for corner on old rail road track marking the Southwest corner of the herein described Tract 4 and an interior corner of said Tract 3; THENCE N 02012'26" W, a distance of 61.29 feet along the common line of said Tracts 3 and 4 to the POINT OF BEGINNING and containing 0.1665 acre of land. TRACT 5 All that certain tract or parcel containing 0.0450 acre of land known as Tract 5 out of Lot 6 in Block 46 of the S. F. Nobles Subdivision map or plat thereof , a subdivision in Harris County, Texas according to the filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 5 being that same tract of land as described in a deed filed for record in Volume 41, Page 423 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a V' iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears N 15°50'48" W, 0.20 feet; THENCE S 02°16'50" E, a distance of 60.00 feet to a point for corner marking the intersection of the West right-of-way line of said Maury Street with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 44 of said S F. Nobles Subdivision, from this point an axle (found bent) bears N 38039'50" E, 0.23 feet; THENCE S 87044'36" W, along the South right-of-way line of said Opelousas Street, passing at 260.00 feet the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 45 of said S. F. Nobles Subdivision, from this point a 1" iron bar (found) bears N 87044'34"E, 0.60 feet, and passing at 460.00 feet the intersection of the West right-of- way line of Hardy Street, (variable width), with the South right-of-way line of said Opelousas Street, same point marking the Northeast corner of Lot 7 in Block 46 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears S 02016'50" E, 3.27 feet, a total distance of 628.99 feet to a 5/8" iron rod with EIC cap (set) in the North line of said Lot 6 and in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F. Nobles Subdivision marking the Northeast corner and POINT OF BEGINNING of the herein described Tract 5, THENCE S 62010'05" W, a distance of 100.32 feet along the Northwest line of said Southern Pacific Rail Road Company Easement and the South line of said Tract 5 to a point for corner on old rail road track in the East right-of-way line of McKee Street, (60.00 feet in width), and the West iine of said Lot 6 marking the Southwest corner of the herein described Tract 5; THENCE N 0201228" W, a distance of 43.31 feet along the East right-of-way line of said McKee Street and the West line of said Lot 6 to a point for corner on old rail road track marking the intersection of the East right-of-way line of said McKee Street with the South right-of-way line of said Opelousas Street, the Northwest corner of said Lot 6 and the Northwest corner of the herein described Tract 5; THENCE N 87044'36" E, a distance of 90.46 feet along the South right-of-way line of said Opelousas Street to the POINT OF BEGINNING and containing 0,0450 acre of land. TRACT 6 All that certain tract or parcel containing 0.0877 acre of land known as Tract 6 out of Lots 1, 11 and 12, each in Block 54 of the S F. Nobles subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 6 being that same tract of land as described in a deed filed for record in Volume 30, Page 288 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F_ Nobles Subdivision, from this point a 5/8" iron rod with G. S cap (found) bears N 15°50'48" W, 0.20 feet; THENCE S 87044'36" W along the North right-of-way line of said Opelousas Street, passing at 200.00 feet a 5/8" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56, a total distance of 520,00 feet to a point for corner in old rail road track marking the intersection of the West right-of-way line of Hardy Street, (variable width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast corner of said Lot 12 and the Southeast corner and POINT OF BEGINNING of the herein described Tract 6, THENCE continuing S 87044'36" W, along the North right-of-way line of said Opelousas Street, passing at 100.00 feet the Southwest corner of said Lot 12 and the Southeast corner of said Lot 1, a total distance of 124 28 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Southwest corner of the herein described Tract 6; THENCE N 61025'48" E, (call N 61025'19" E), a distance of 138.65 feet along the common line of said 41.933 acre tract of land and said Tract 6 to a 5/8" iron rod with EIC cap (set) in the East line of said Lot 11 and the West right-of-way line of said Hardy Street marking the Northeast corner of the herein described Tract 6; THENCE S 02015'10" E, along the West right-of-way line of said Hardy Street and the East line of said Lot 11, passing at 11.46 feet the Southeast corner of said Lot 11 and the Northeast corner of said Lot 12, a total distance of 61.46 feet to the POINT OF BEGINNING and containinq 0.0877 acre of land. TRACT 7 A ll that certain tract or parcel containing 0.3299 acre of land known as Tract 7 out of Lots 1, 2, 3, 9. 10 Texas ad 11, each in Block o ding to the map or pat h thereof filed for Subdivision, in Volume 5, Page in of r the Harris County Map Records, said Tract 7 being that same tract of land as described in deeds filed for record in Volume 26, Page 240 Volume 26, Page 492 and Volume 28, Page 211, each in the Harris County Deed Records, said Tract 7 being more particularly described by metes and bounds as follows: COMMENCING at a I/," iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width) same Point marking the Southeast corner of Lot 12 in said Block 55, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48" W. 0.20 feet; THENCE S 87°44'36" W, along the North right-of-way line of said Opelousas Street, passing at 200.00 feet a 5/8" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56, a total distance of 260.00 feet to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast corner of said Lot 12 in said Block 55, THENCE N 02016'52" W, a distance of 116.55 feet to a point for corner on old rail road track in the Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, feet w5a 00 line of said width), as shown on the plat of Sheet and the East line eof said Lot 110 marking vthe Southeast corner and POINT OF BEGINNING of the herein described Tract 7, THENCE S 62010'05" W, a distance of 221.67 feet along the Northwest line of said Southern Pacific Rail Road Company Easement to a point for corner on old rail road track in the East right- of-way line of said Hardy Street, (variable width), and the West line of said Lot 1 marking the Southwest corner of the herein described Tract 7, THENCE N 02015'10" W along the East right-of-way line of said Hardy Street and the West line of said Lot 1, passing at 29 14 feet the Northwest corner of said Lot 1 and the Southwest corner of said Lot 2, a total distance of 70.28 feet to a 5/8" iron rod with EIC cap (set) in the Southerly line of that certain calf 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northwest corner of the herein described Tract 7, THENCE N 61°25'48" E, (call N 61°25'19" E), a distance of 223.03 feet along the common line of said 41.933 acre tract of land and said Tract 7 to a 5/8" iron rod with Miller Surveying cap (found) in the East line of said Lot 9 and the West right-of-way line of said Elysian Street marking the Northeast corner of the herein described Tract 7; THENCE S 02016'52" E, along the West right-of-way line of said Elysian street and the East line of said Lot 11, passing at 39.99 feet the Southeast corner of said Lot 9 and the Northeast corner of said Lot 10, a total distance of 73.44 feet to the POINT OF BEGINNING and containing o 19o4 acre of land. TRACTS All that certain tract or parcel containing 0.3408 acre of land known as Tract 8 out of Lots 3, 4, 5, 6, 7, 8 and 9, each in Block 56 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 8 being that same tract of land as described in a deed filed for record in Volume 18, Page 431 of the Harris County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a 7z" iron rod (found) marking the intersection of the North right-of-way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feet in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48" W, 0.20 feet; THENCE N 02016'50" W a distance of 240.96 feet along the West right-of-way line cf said Maury Street to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of said Maury Street with Northwest right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F, Nobles Subdivision, same point being in the East line of said Lot 8 marking the Southeast corner and POINT OF BEGINNING of the herein described Tract 8; THENCE S 62010'05" W, a distance of 221.68 feet along the Northwest line of said Southern Pacific Rail Road Company Easement to a 5/8" iron rod with EIC cap (set) in the East right-of- way line of Elysian Street, (60,00 feet in width), and the West line of said Lot 3 marking the Southwest corner of the herein described Tract 8; THENCE N 02016'52" W, along the East right-of-way line of said Hardy Street and the West line of said Lot 1, passing at 4.84 feet the Northwest corner of said Lot 3 and the Southwest corner of said Lot 4, and passing at 54.84 feet the Northwest corner of said Lot 4 and the Southwest comer of said Lot 5, a total distance of 74.40 feet to a 5/8" iron rod with Miller Surveying cap (found) in the Southerly line of that certain call 41.933 acre tract of land as described in a deed filed for record under Harris County Clerk's File No. Y-922883 marking the Northwest corner of the herein described Tract 8; THENCE N 61°25'48" E, (call N 61°25'19" E), a distance of 180.81 feet along the common line of said 41,933 acre tract of land and said Tract 8 to a 5/8" iron rod (found) in the South right-of-way line of Leona Street, (60.00 feet in width), and the North line of said Lot 7 marking the most Easterly corner of said 41.933 acre tract of land and an interior corner of the herein described Tract 8, THENCE N 87043'08" E, (call N 87°42'48" E), a distance of 37.89 feet along the South right-of- way line of said Leona Street to a 518" iron rod with EIC cap (set) marking the intersection of the South right-of-way line of said Leona Street with the West right-of-way line of said Maury Street, same point marking the Northeast corner of said Lot 7 and the Northeast comer of the herein described Tract 8, from this point a 5/8" iron rod (found) bears N 54029'46" W. 0.49 feet; THENCE S 02016'50" E, along the West right-of-way line of said Maury and the East line of said Lot 7 passing at 50.00 the Southeast corner of said Lot 7and the Northeast corner of said Lot 8 a total distance of 58.87 to the POINT OF BEGINNING and containing 0.3408 acre of land. TRACT 9 All that certain tract or parcel containing 0,0896 acre of land known as Tract 9 out of Lots 1, 11 and 12, each in Block 55 of the S. F. Nobles Subdivision, a subdivision in Harris County, Texas according to the map or plat thereof filed for record in Volume 5, Page 69 of the Harris County Map Records, said Tract 9 being that same tract of land as described in deeds filed for record in Volume 26, Page 240 Volume 26, Page 492 and Volume 28, Page 211, each in the Harris County Deed Records, said Tract 9 being more particularly described by metes and bounds as follows: COMMENCING at a iron rod (found) marking the intersection of the North right-of-'way line of Opelousas Street with the West right-of-way line of Maury Street, (both 60.00 feel in width), same point marking the Southeast corner of Lot 12 in Block 56 of said S. F. Nobles Subdivision, from this point a 5/8" iron rod with G. S. cap (found) bears N 15050'48" W. 0.20 feet; THENCE S 87044'36" W. along the North right-of-way line of said Opelousas Street, passing at 200.00 feet a 5/8" iron rod (found) marking the intersection of the East right-of-way line of Elysian Street, (60,00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southwest corner of Lot 1 in said Block 56, a total distance of 260.00 feet to a 5/8" iron rod with EIC cap (set) marking the intersection of the West right-of-way line of Elysian Street, (60.00 feet in width), with the North right-of-way line of said Opelousas Street, same point marking the Southeast corner of said Lot 12 and the Southeast corner and POINT OF BEGINNING of the herein described Tract 9, THENCE continuing S 87044'36" W, along the North right-of-way line of said Opelousas Street, passing at 100.00 feet the Southwest corner of said Lot 12 and the Southeast corner of said Lot 1, a total distance of 127.76 feet to a 5/8" iron rod with EIC cap (set) marking the intersection of the North right-of-way line of said Opelousas Street with the Southeast right-of-way line of an existing Southern Pacific Rail Road Company Easement, (50.00 feet in width), as shown on the plat of said S. F. Nobles Subdivision, same point marking the Southwest corner of the herein described Tract 9; THENCE N 62°10'05" E, a distance of 141.61 feel along the Southeast right-of-way line of said Southern Pacific Rail Road Company Easement to a 5/8" iron rod with EIC cap (set) in the east line of said Lot 11 marking the intersection of the West right-of-way line of said Elysian Street with the Southeast right-of-way line of said Southern Pacific Rail Road Company Easement, same point marking the Northeast corner of the herein described Tract 9; THENCE S 02016'52" E, along the West right-of-way line of said Elysian Street, passing at 11.13 feet the Southeast corner of said Lot 11 and the Northeast corner of said Lot 12, a total distance of 61.13 feet to the POINT OF BEGINNING and containing 0.0896 acre of land. Exhibit C West University Wells RIC11MOND v J s I i T K X .A E~ w s: w n S d A WSSONNISY d x L W 5 T5 RICE D 1,D00 2.000 ~+Yy SCALE IN FEET LEGEND WELLS ATTACHMENT 1 Q s MILE RADIUS OF MSD WEST UNIVERSITY PUBLIC WEST UNIVERSITY PLACE SUPPLY WELLS CITY OF HOUSTON UPRR HARDY STREET RAIL YARD TEXAS HOUSTON, HARRIS EE SDURCE DATE PROJECTNO GEOSEARCH ORDER 1754 JOB #39%DATED 3/52009 FEB2010 1355000101000S SHONM Fie: W WlDlbatall M CvDm RealEsleteWAli Y STREET RAILYARDI I$ATTAOMdENT1 6RE_LCCATION_WP ma9 03 eAtO 1530 su%iwi 3986 2410 (PLUGGED) WESTPARA 6521233 S, 6521203 (1010027C) n ~ r ~ ` ~ ~ I e s r` L I~ t { tl ~ dw ~ ~ \ ~S i \ 9 9;, a ~ 4 t GNNw 1~ ~ _ es~ p b~4i_i -O➢ eR , 3l F ~jc{ r 1 :i N ~ C~ 3 49 ~ L ~ P p k eA p- 91 Ii eP#I G a~ t ~ ~ fly ~ p i C .s i ~ i . ' \ ~Jxw~?A~n ji X31 \ ~ ~ 4 ~ I, ~al ss~ tI ~~n 0 ~`^y ~ f Field Notes Treat 1 Boiog &41.933 acre treat of lend located In the John Austin Survey, Abelract-1, In Harris County, Texas; said 41.933 acre tract being all of a called 5.1226 sore treat and a portion of a oatled 35.0258 aore tract both recorded in the name of Hardy Street Partners, LP„ In Horne County Clerk's Tole (1i.C.C.F.) numbers V435947, V545732 and V545733; said 41.933 aore treat being more particularly described bymelos and bounds as follows! (bearings aro roferenoed to the Texas Slate Plane Coordinate System, South Canted Zone- 4204, N.A.D. 83): BEGINNING at a 5/8-Groh Iron rod found at the Intersection of the easterly light-of-way (RAW.) line of North Main Street (width varlos) and the southerly RO. W. line of Burnett Road (60 feet wide), for the northwest comer of sold 8.1226 aore lrtiot ibr the northwest comer and Palot of Beginning of the herein desoribed treat; Thence, with the southerly RAW. I Inc of said Burnett Street and the northerly lines of said 8.1226 acro heat and said 35.0258 acre tract the following three (3) courses: 1. North 65 degrees 32 minutes 15 seconds But, passing at a distance of 757.68 feet a 518-inch Iron rod set for the northeast comer ofseld 8,1226 care tmo4 being the northwest comer of sold 35.0258 noro tmat, passing at a distance of 773.81 Plot a 5184noh iron rod tbund fbr the northeast oomerof a called 8.299 aore lease area last defined Bud amended under H.C.C.F. number W406318, conttmling for a total distance of 1730,29 fast to a 5184011 iron rod net for an angle point; 2. North 72 degrees 32 minutes 32 seconds Beet, a distance of 269.39 fleat to a 5/8- inch iron rod set for an angle point; 3. North 87 degrees 42 minutes 48 seconds Bast, a distance of430.50 feet to a S18- inch Iron rod found for the northwest comer of a called 1.2155 acro tract recorded In the name o£Bumett 1.2155 Acres, L.P., H.C C.F. number X144031, being the most nortlterlynortheast corner of the herein described tract; Thonoe, with the west and south linos of said 1.2155 acre tract the fallowing two (2) courses: EXHIBIT A - Land Description 348053-3 12/192008 I. 5n Iron tort tset for the etuthwoat come of Sold 1,2155 sore tract and an ointerior comer of the herein described tract; 2. North 87 degrees 42 minutes 48 seconds Bast, for a distance of 349.50 feet to a 518-inoh iron roil set on ilia westerly R.O.W. line of hardy Street (60 feet wide per S.F. Noble's Addition as described in Volume 5. Page 69, of ilia Harris County peed Records for the southeast comer of said 1.2155 sore tract and an Interior cornet' of the horebt described tract; Thonce, with the westerly R.O.W. line of add Hardy Street and an easterly line of said 35.0258 acre tract, Soutb02 dogma 17 minutes 12 seconds Best, it distance of 208.50 feet to a 5/8-1boh Iron rod found for the southwest intersection of the woet R.O.W, line of said N b o'sdAddition), eing an interlo' omer of the herein described traa;a per said S.F. Thence, with the southerly R,O.W. tine of said Leans Street and the northerly line fsaid 35.0258 note tract, North 87 degrees 42 minutes 48 seconds Beat, passing 260.00 foot is 518-Inch iron rod set at the Intersection of the south R.O.W. lino of said Leona Street and the Yeast R;O.W. line ofBlyaien Street (60 feet wide per sold S.F. Nobla'a Addition), passing at a distance of 320.00 feet a 5/8-inch lion rod set at the intersection of the south R.O.W.line of said Leona Street and the east R.O.W. limo ofsaid Blyalan Sheet and continuing for a total distance of 482.11 feet to a 5/8-inch Iron rod found for the most easterly comer of sold 35.0258 sera tract and the heroin described tract; Thonce, with Ore southerly lines of acid 35.0258 sore tract and said 8.1226 sore tract the following seventeen (17) courses: 1. South 61 degrees 25 minutes 19 seconds Wast, a distance of 740.68 feet to a 518- inch Iron rod found for an angle point; 2. South 62 degrees 07 minutes 41 seconds Weak, a distance of 148,69 feet to a 518- inch iron rod act fbr on angle point; 3. South 50 dogrecs 36 minutes 00 seconds West, a distance of 23.20 foot to a 518- inch iron rod sot for an angle point; 4. South 62 degrees 07 minutes 41 seconds }Vest, a distance of 200.00 feet to a 518- inch iron rod eat fbr an angle point; EXHIBIT A - Land Description 348053-3 12/1912008 i 5, South 73 degrees 39 minutes 21 seconds West, a distance of 232011set to a 518- inch iron rod set for on angle point; 6. South 62 degrees 07 minutes 41 seconds Weal, a dietoace of 71.69 foot to a $18 inch iron rod set for the beginning of s ncls"aagent curve to the right; 7. 299.91 feet along the arc of said curve to the fight, having s central that angle of 22 tchord degrees 54 m1~ 35 m seconds, 01 radius ds Wos4 a distance of 297,92 feet to a 518- South 73 r ogr Utoff compound curve to the left', inch iron rod eat far the beginning of a comp 8. 279.91 feet along the sro of sold curve to the loft, having a central angle of 02 degrees 36 minutes 48 seconds, a radius of 6137.05 feet an a chord that bears Inch Sout83 deeem. 43 "nutes 58 seconds West, a distonco of 279.99 h rod sot for the beginning of a ao pound atnvo to the right; 9 degrees 23 minutes 16 seconds, t curve to din tight. radius oU260.00tfoot and a chord t het beers South 84 degrees 07 minutes 22 seconds West, a dislaneo of 133.83 feat to a 5/8- inch iron rod sot fbr an angle point; 10. South 85 degrees 49 minutes 10 seconds West, a distance of 576.55 foot to a 5/8- of aforesaid 35.0258 aore, tract end an I h Iron rod act for ut decd Inset; angle point for the h 11.No[th 25 degrees 41 minutes 37 seconds West, a distance of 49.16 Rat to a 5/8m, Inoh iron rod set for on angle Point; 12. South 64 degrees 39 minutes 51 seoonds Woet, adialance, of 117.88 feet to a 518- inch iron rod set for an angle Point; 13. South 67 degrees 57 minutes 27 seconds West, a distanoe, of 28.81 feel to a 5/8- Inoh Iron rod sot for the beginning of a non-tangent curve to the light, 14.305.57 that along the aro of amid curvy to the right, having a central angle of 20 degrees 35 minutes 50 seconds, a radius of 850,00 fact and a chord that bears South 78 degrees 15 minutes 21 seconds Weal, it distance of 303.92 foot to a 518- inch iron rod sot for the most southerly comer of sold 8.1226 core tract end an angle point for the herein described tract; 15. North 24 degrees 27 minutes 43 seconds Wost, a distancb of 19.41 foot to a Sig- inoh iron rod set for an angle point. EXHIBIT A - Land Description 348053.3 12/19/2008 I 6. North 09 degrees 15 Wool" 19 aaonds Welt, a d{staaoa of 10.62 Ad to a Sl0• inch Iron rod let foe the be8lraft of a nea tmpnt curve to the d064 17. 171A5 het along the ro of laid curse 10 the dyJtt, baying a oaral angle 01`22 degroae 03 Ro mite, 23 seconds, a lattice of 446.41 Distend a chord till bean South Inch iron Via aataon the Wt-1Y R.O.W Ilse of dbra l add NatbMdn 0hee4 for the wu0nvest oars, oteforeeald 8.1226 aoro tract and the I%wo4n daodbed tract; ThsnoS with the a+at R.O,W. One of add Nodh Meln Sues414orUt 24 degrees 27 minutae 45 Second. West, a dstenoo of 336A6 fkat to 0to point otHeOtminO end contdning41.933 eoreoflend. SAVE AND EXCEPT TRACT IA AND TRACT 10, described as follows! TRACT lA Ott 307 ACRE Abitmol-1. in ltd chn Austin Achill a 0.1307"T jun Marblingelloftha &(),W. ofTMyeian Street(60Hede county, y"=; said 0.1307 RON P e 69, H.C,D.1L) cooled In wide per B.P. Noble', Addition a desmibed In Vohune S, all nwre edfoulerly st: said 0,1307 am hr a eesInd ed to the Tom State Plane the etoradendoned 3SMS6 ate ON desodbedbyMetal raid b0eWe n fogowa;( e.83): Caardinde system, South Cabal Use- 42041",0'83)a aSfB-inch iron rod sit d the {ntesewtton of e~ Eastmain N tRO.W, this of Hly.len ' street (60 reetwide per sold ST. Nobie'e Addhloa3 ~ the file the ounirsad coma ofthe Sued (60 that wide per said s.F. Noble'. AddltIOA hadn4acribed trod; Thoooe, WIOI the gouthllne of esid Laos Stnai, ar6ssln0 add Eiydm 6vod,14mTh tthe degcec 42 rolautee 40 seersds thick adis Wroaof 60A0feetsSlBdttohIronandsitd tR.O,W.lbroof raid Elydstreet fbe the nonlwed come, oat6~e halo de80dbed U1194 Thmrcq OvwtW end ocmn said 35.0236 acre treat trod with the out M.W. line of laid uth 12 02 d 17 last 10 518 1RohStmn road set on the 101011 line of add 35.0Bdw~treat for the eoou6nad eou"s a of Ox harem described treat*. Thence, wit I the southerly line of $Old 35.0258 ire tract and areas told Elysian Stme6 518.1ruh y" d Smith 61 degrees 25 Wintce 19 eeemtd. West a diet RS $ of 66.92 !md most Of heroin let an thewestedy R.O.W of said Elysian Stredfor Eta oalhwad coral oftin hdoln described uaotl MIS the west ti.O.W. line of e TOonos through ad sans. sold 35.0258 aoro 12 second Well, I dmtrj t Itlyalun POISb r OF AUOINNd INO and a0 ore, 00.1307 son of lend. ce of 109.73 feet l to Ejw EXHIBIT A - Land Description 348053.3 1211912008 TRACT 1B 9.7987 ACRES Description of a 9,7987 gone (416,832 square fbet) parcal of lead,bping all ofa called B. 1226 acre bast and part of a callod.35,0268 ants trapt deaoribed to a Speolal Warranty Deed to Andy Street Partners, L3', filed for record under Harris County Clark's File Nb, V54$732, out o£this Sohn Au96h•Sutvey, Abstrad No, 1, in the City of Hbdslon, Han% Cotimy, TegA silo 9,7997 sere hUt being Morse' ~Q thhl ly dolvibed as follows (Ail bearings are based on (he North Americo DOM of 19B3 QfA~tf3), TQRtte Shte Phnt< Coordinate 3yaletn, South CeotW Zbrs, All olstaoces and bearings are surf= end maybe converted to grid by mulHplyir;g by a eerie factor of 0.9998933$1): Beginning at a ohtoeled "7(" (X 'w 1. 123,492.61, Y 4 13,847,839.63) In a conaide wall Sound for the Intersection of the eaaterly light-ofvwsy be (tf No* Main 84*t' (width varies) and the southerly right-of way line of Bume fleet (60 Seat wide), old point being the nmthwed comer of said called 8.1226 acre hoot and of the botetu doodbe6 parcel; TFMNCB, North 63o32'45" gear, along the southerly dgbl-of.-way line df Burnett Street, passing at at dfstonco of 757.68 Rat a point for the northeast comer of the sold 8,1236 egrs tract and the tprhwbot corner of the odd 35.0258 sera bract, and continuing along said southerly dghMOf-way line passing at a distance of 773.74 feet a found 5/8-Inch iron red with oep and continuing along said southerly dght-or, way ling for a total distance of 794,99 fat to a 518-trek hon rod wltb cap gat for tho nortbeest comer of the beirein dedcribed parcel; THENCE, South 2027'15* But, a diatoms of 446,94 feet to a SM-Inch iron rod act for comer of the horeln described parcel; THENCE, South 79°11'30" Bast, a distance of216,63 feet to a 5/84noh iron sat for comer of the herein described parcel; THENCE, North 87°36.39" Boo a distance of 122,55 lbet to a 5/8-inch iron rod set for a southesslerly comes of rise herein described parcel, THENCE, South 04°10'20" Bast, a distance of 104,82 Peat to a 5/84neh iron rod set Rr the most southerly comer of the herein desedbed parcel; THENCE, South 85°49'40" Wadi, a &Wca of 480,00 fist to a 5184neh iron rod fahdd for comer of thebersjgdgWbad parpal; THENCE, North 25°41'07" Weal, a distance of 49,16 last to 5184YA Iron rod found for the most westerly southwest comer of said 35,0258 acre treat, soma being an interior comer of the herein described psrot% THENCE. South 64'X0'21" West, along the Motherly line bf the said 8,1226 acre tract, a dfetance of 117.88 fed to a 5/8-fails iron rod with cap found for an angle point of the herein described parcel; EXHIBIT A - land Description 348053-3 12/19/2008 THENCE, South 67°57'57" West, a distance of 28.81 fhet to 8'5/8-lndh Eton rdd wltb cap f6und for the point of ourvature of a tangent curve to the right; THENCB, southwesterly, along said curve to the right, having a radius of 850.00 feel,. through a central angle of 20035'49" (de chord boars South 78°19'51" Wc;t, a disisnge of 303,92 feet) an are dlstanod of 305.56 The to a 519-inch Iron rod cap set for an angle point of the herein described pareeit THENCE, North 24°27'1$" West, a distance of 19.41 feel to a 5B-1noh Eton and tvilh cap set for an angle point of the herein described patcel; TH$NC9, North 0944'49" West, a distance of 18.62 Feat to a 51$-irloh iron rod with asp fahpd foe an interior corner of the heroin described pared, said point being in a eon-tangeut curve (o the right; THENCE, soutbwesterly, along add nob-tangent curve to the dgbt, having a tedius of 446,41 feet, through a central angle of 22003'23" (the ohoid boats Soud187°01'40" Waal, a distance of 170.79 feet) an arc distance of 171.85 feet to a 518-inch von Pod set in the, eeatyrly right-bf-way lima of tho sfor mchdoned North Mafn Street, sold point bbf ag the most wosidtly southwdst cother of the bereid described parcel; THENCE, North 241715" West, along the easterly rig0t-of--way line of said North Main Stroot, a distanoo of 396.46 feet to the PONT OF BEGINMO and containing a eotnputW area of 9.7987 acres (426,832 square feet) of land. A peace] boundary of even date herewith accompanies this property deswiptfon EXHIBIT A - Land Description 348053-3 12/19/2009 01/30/2009 15:41 FAH / n 7t s a ] ~J '014 {1I 1 1 it- a! t- ijf j1' " ik:Hr 'i' iii 1 ' 1 ' Ii ! I• I , l a ! i R ! R !f I'll 1" 1j ! I 'j' 1 1 +z1 it 1 rRk i =11 f'R 11 it! e~R llt R 1 1 /'j S' l~ i , j. ! I 1 i t { '1 }r!11jj j1 ,It , Ili f l' 1 u , Ili! !a` ~f,yl •`~ljl; ! = t~, ;ii~ 1.+ 1 1 a1 11. 1 t. i 1, :af+' kt' Ik I, Ili j+R 11'l~ll i W I! f R' [11 R{ 1R:' qfl,~ ''I - I'll j j !;f jl i4 Ik I = f ii IRRIR kfR II i op f1S , R r! rl !r.- + 1 lli rf, h,. ! I'l fl~ I 1~ I. 1 +I I' ' I•d If M.I !i 1',~ i, 1 1!I I f Ilki !l'1 R' 1f . R If I iI all + I+ it T Iql ef~ ij~.f ili i 1 !'it ~1IIR~ 11 It 1 1!j €1 kl ff 0!' If 1 +Il II I1'[ f F' a~ +la~( IR} 11 j I ifj 1 F a 3 iJ6(ii Ffi 3f1~ fi Ei[s iif ;i ?It! r !!J fit 14 ~W! fit I r~l~l`l .EN ii .1 lil iE`f i~ ? igli Is ti r V? rpJ I P:',4 I 1 ~ ~ R, _ • _ .ors P ti~ y I tf Y I ~ a I I A, _ l l ~r r k i 4 i << d fIWIHIIHL'A~b G ,y~ ' - _ I• ~-:yaps. iI` tt i' t ER 'l l~l' 04Ma I !r T R i r.. mP c • i ' IS I+ ~i IWIL33YH.,uT Z 004/012 av~ V~ ill 4• ! Ill~' iRR 1, ;til t lli rplrl~ j y 4 1 3 01/30/2009 15:41 FAH id•i; ~`.a`d JSSe Jj! 1 ; ' lei; !!9~ ~~g{'i:€ ttIJ 1 1 e d~ 1 z Iii "{•I lJe 'tJ {Jl e [ S• jp l~ r~ti #c lei! i i: 8j°- ~d m Z ~ w S'. ce ~ ~ I odbd~ + ~ d ' t ~lddldllydli r ~ ~d i, d i ]d L ' J id {J J JJ d' . I i +f 1 i t j1f j~ i l t ,~a33is ;1~7nvW I I I I I ~ I I ai l y e, I m d , cdd i ~ ~ pyd . ~ jl v 1 ~ ~O f I I C I I I r ; I I ! I J 1d , I I7 a I I 6 d I ~Y 3 y 6 N I z I i r I N I 6 I 1 z y a .L332115 S',{ 73 3 IM 005/012 F i }y ' Zt e Olf 1• " a b 01/30/2009 15:41 FAX CLARK-G= t GRAM INC. L . w o ! u • - E T 0 R a August 8, 2001 VC P . /553 exL, ~i+ A 1600E/012 FIELD NOTES { Description of a 1.3774 acre (60,000 square feet) tract of land located in the John Austin Survey, Abstract Number 1, in the City of Houston, Harris County, Texas, said 1.3774 acre tract being more parrieularly described as follows (with bearing are referenced to the Texas Stat: Plane Coordinate System, South Crntral Zone, NAD27). Beginning at a 5/8 inch i on rod with plastic cap set for the intersection of the easterly right- of-way line of Maury Street (60 feet wide) and the southerly right-of--way line of Brooks Street (60 feet wide), sai I point being the northwest corner of the herein described tract; THENCE, North 870 43 18" East, along the southerly right-of-way fine of Brooks Street, a distance of 200.00 feet ti a 5/8 inch iron rod with plastic cap set in the westerly right-of-way line ofMaffitt Street (wi th varies) for the northeast comer of the herein described trait; THENCE, South 02o 16 42" East, along the westerly right-of-way line of said Maffitt Street, a distance of 300. )0 feet to a 5/8 inch iron rod with plastic cap set in the northerly right-of-way line of Burr. ett Street (60 feet wide) for the southeast corner of the hereir described tract; THENCE, South 870 43 18" West, along the northerly right-of-way line of said Burn,.= Street, a distance of 200. )0 feet to a 518 inch iron rod with plastic cap set in the easier y right-of-way line of said' daury Street for the southwest comer of the herein described tract; THENCE, North 020.16 42" West, along the easterly right-of-way lane of said Maury Street, a distance of 300 )0 feet to the POINT OF BEGINNING and containing a cornputed area of 1.3774 acres (60, )00 square feet) of land. This description is base c 1 a ground survey completed on August 8, 2001 and is submitted in conjunction with a surve• drawing dated August 9, 2001. Clark-Geogram Inc. Job 4umber 01-06-5013-001. ~~G157 f5 / ~ r~/9/d/ JOHN McGA hn McGaughy, .P.L f\ 2091 Registered Professional I and Surveyor No. 2091 1 '-"Ess?~ SUFL Hardy Stre-13W] Yard Cushman & wakcGcld UrTexss parcel 3 of4 01x'30/2009 1541 FAA la 007/012 i VCP ND, 1553 P>~B>:z •s^ TRACT 7 theaplat Ih of a 1'37 acre (60,[100 th 9gUere rrd) Vaal of It'd bang all of Block 63 ae,:ardiag In.: the plat Ihmeof fee, rdcd strider Yuiume S. Page 69 Of Ike S. F- NOBLES ADDITION.' NOR7HSLD9 OF B JFFAI.D BAYOU Neale County Deed Records and being the acme 1-3774 arse ens dr,tribed Ia a dead to Rubba Applieaton; Ina., as recorded undtt Hama County Clerk's F11c (o. H047]g0,3outcd in hhe Iohn Aaatin 9Wvcy, Abstract Number 1, fo the City of HOerton Wean, County. Texas, said 1.377 am vad being. mole pisrienI" described as follows with Leariaq are mfereocod to the Texas Suit Plane Coordinate 8ynl=. .South Central Zone, I AD27). ' 1 S BEGDPNW(l it a: rll iech'viro rod with plastic Cap lewd as the inlcraeOGOn of Wes westerly righlwbw,y jig, of ASaury Street Cho fact wido, u reuMed nada. Vo). S, pg. 69 of said F. S- NOBLS ADDITION NOETRSIDE OF BUPFALO BAYOU) and the souhneNy rightof•taay End of Bpmeu Skeet (60 Net wide, u rcoordad Under Vol. 5. Pg, 69 of said F. S. NO ILES ADDITION NORTHSIDE OF BUFFALO BAYOU)), for the nonhc.a.corna of is bereip dascrihrd ttacC, THENCE, South 02 • 16' 42" East, along the westerly rigbt.afnray line nfaeld 3,d pury Sires- and the carle-)y line of Said Block 63. a diatamee of )DO-00 teal w a Sfg inert irvm - rod with plastic app ial in.the aprlboAy ri&h f wey Zinc of Leona Street (6o feel trid a it, - ranorded under Vol. S, Pg. 69 of said F. S. NOBLES ADDITION 14OPTUSIDE OF BUFFALO BAYOL I for the s Utbcasl corner of Ufa herdic described tract: THENCE. Soalh87 43'12'Was%along The northerly tight-"'yline of•aiidLaaua nVeet, a dialaew of '00,00 feet to a 518 inch Iraq hod whh plastic Cap am In the malt" . ght-af xy lme or. 1yism Street (60 feet wide as recorded under VOL S. Pg, 69 of scud R - 5. NOBLES ADDIT ON NORTHSIDS OF BUFFALO BAYOU) for fig wulhwm ' corner of rhis'hama taaaribed,traeG _ THENCE, Nnhth 02, 16'42- Wea4 dent the euhrly hight-ar-w Bste of said $lyaaa 5tava, a disuna or: 70',OD feet to a 518 mch it" rod with plsatic cap "I in INC anaid,=ly . described a a of s eneaid Struest Street let the mullident comer of this heyaia tract: THENCE, North 87. 43. 1 S" Epp, along the southerly righlwC-way tine of the afarneid BtastnU StroCt, a discs ice of 200.00 rent m the POINT OF BEOI ay tin and a Afornia a computed seen of 1.3' 7 sores (60,000 square feet) of land 1 w r EXHIBIT A - Page 11 of-12 L 01/30/2008 1542 FAX CLARK-GEOGRAM INC. , n d a s u [ r e v D a A August 8, 2001 FIELD NOTES V C A ^/o. ISS-i e-x " b' `t± A 009/012 Description of a 0.9,174 acr, (41,267 square feet) tract of land located in the John Austir Survey, Abstract Number 1, in the ;ity of Houston, Hams County, Texas, said 0.9474 acre tn.ct being more particularly described as follows (with bearing are referenced to the Texas State Plane Coordinate System, South C entrai Zone, NAD27). Beginning at a 518 inch ron rod with plastic cap set for the intersection of the easterly right- of-way line of Maury S1-eet (60 feet wide) and the southerly right-of-way line ofBur,en Street (60 feet wide), sa id point being the northwest corner of the herein described tract, THENCE, North 871 4: ' 18" East, along the southerly right-of-way line of Burnett : treet, a distance of 202.50 feet o a point in the westerly right-of-way line of MaMtt Street (width varies) for the northeast comer of the herein described tract; THENCE, South 110 4! ' 18" West, a distance of 105.79 feet to an angle point for the herein described tract; THENCE, South 240 5: ' 50" West, a distance of 82.17 feet to a 518 inch iron rod with plastic cap set for the baznnning of a non-tangent curve to the r ght; THENCE, southwesterl along said curve to the right having a radius of 1,42.78 feet throueh a central angle >f 31° 35' 15" (the chord bears South 450 58' 01"West, a di- ranee of 186.59 feet) an arc d' stance of 188.98 feet to a 518 inch iron rod with plastic cap s .t in the easterly right-of-way [in, of said Maury Street for the southwest corner of the herein described tract; ]-HENCE, North 020 l( ' 42" West, Mon, the easterly right-of-way line of said Maury Street, a distance of 295.96 feet to the POINT OF BEGINNING and containing a computed area of 0.9474 acres (41,267 square feet) of land. This description is base no a ground survey completed on August 8, 2001 and is subrrotted in conjunction with a survey drawing dated August 9, 2001. Clark-Grogram Inc. Jot Number 01-06-5013-001. Zc ~aughy, R .L r Registered Profe ,tong Land Surveyor No 2091 _Jy SUeetRtW Yard Cushman 2 wake5cid of Texas Parcel 4 of 4 01/30/2009 15:42 FAN pescrlpUen'. > f t 0surly, .';Taxde;'- - : C.ounty-~wlaII ill vLr ..Er<~~b~"F Q TRACT,9. . BQgnnlnpats5f~ " of the, aaate+ly: r;, "southerly. rigntafi, ttie:northweet nor THENCE, NaKh-'B ' the nor[behs--corn THENCE So•ith C ' +,vlde):fdr the south! - •THENCE; So Itti:.HY saidBurnatt Street )D,:squars.feet) tract, of.larid'locateil in the unbar l; In the;Clty of-Houston,: Harris-•; fact being all-of lota'1, through"12,'Slock"d reporded•Voluma 5 Paga'89 of the Harris me{e,partlcularly described as'delioyre ,'Tares State Plane. CocidIriate; systofn;! 6 plastic OspJound'foelhe Intorsactron of Maury Sheet-(60 feet widti),sn''d the k¢.Streat (SO fea(.w10e), said point being t76scrlbedtraot;•;. - elong the.southerly. righl"of;wsy fine of ti'feat to a 5/9 Inch, koti rob-with plastic' vay Ilns of Mafrltt Street (W idtWvarlae) for' ieaorlbad tract; .along,lhe westerly right-of" r'/eY, line of . 300.00 feet to a 5/6.Inch: Iron rod with - Ight-of.-way line of Burnett •streef (60 fact ie herein described tract;' _ :sionQ the northerly fight-of-way, line of, '200:00 fact to a 5!8 inch iron rod wlth Ight-of-way line of.aaid Maury Street for . ` described tract;.. _ THENCE; NOrdv V_";15'42P:W"trahing the easterly light-of-way If no, of said Maury'Streat a•d"nco.'o[ 300.00,•fest to-the POINT•OF BEGINNING:. and . containing a iorli F?Dfadsrea of.1.3774 aores'(6(1,000 square feet) of land: • - TF ACT '2 . Description tr e't) 9474 acre ;(4T26.7equare feet) tract of land ;ipcet9d in'the ' Jahn "Austin` Survey, -;Ab'stract':Number. l: in the City of Houetari Harris `County, Texa.;-9efd A;9474;acfe tract being A PORTION OF LOTS LOTS 1,:2, 7; 8,.i ; 9,,10 and:,11 and'all.:dfldta'3:74,`-S-and 0, Block 82 of.l S.R:'Nobles`.: Addition es"'ecordtidin.,.VOlumai5,-'Page BB of the. Harris -C.o,unty-Map' ::.C. Records and balm ; more, paitticillarly-described as -foifows •(wlth.bearings rerwenred tr .the'+Texes Staita,;Plene Coordinate System, South -Central:..;. Zone, NA627; , 9aginninp'at a 64 inch ~irgrR iorlJwith cap set for the Intersection of the easterly rlglrt:6l-w,Yy'line'df.Maory.;8treet ;(80 feet WIds) arid the-Southerly rigntof-way, ne.;'of`6urnett:Streat'(e0 feet wide), said polnC'being'the northwest Bomar of4s ii19 b described tract; THENCE. Norh ~B7°. 43',`jW,Eaet,AWobg, the..southerly right-of-way;line of-~ - Bdmett Strew; a dlatancs of 202,50 feet to a 518 Inch Iron rod with cap set' In the-westaay rlgfitb[way line. of -MefOtt Street (width varlss).for they northeast car ter of ihd herein described tract; THENCE, SOUK 11°'49' 1t1"'VVest, mAlstance of 106.79 feet to 51S Inch Iron - foci with cap tat for,arigle."polntfor the herein described tract; THENCE, Sat.th 24° 63'.30". Wait; 'a distance of 62.17 feet to a 518 Inch iron rod with plan 10 cap found fetthe beginning of s non-tangent curve to the, right: THENCE, soUhwestefly,_ along.aeld :Curve to the right having a.radiua of 342.78 fast, U rough-a. central: angle of, 31° 35' 15" (the chord beers South 450 S8' 01°: West.•a distance of.ISCS9'feet) an are distance of 186.06faat to a 5)6,Inch [rot redN41th.pl'estic cap found In the easterly right-of-way line of. r' -said Maury West forthe southwest corner.of the herein described tract: THENCE. Nor'ti 020.17,42' West,.al.onp the easterly right-of-way Ilne of:saie $ Maury Street, a distanoe'of 29e.96.feet to the POINT-OF BEGINNING and ' containing a rornptlted aria of 0,9474 acres (41,287 square feet) of land... . 003/012 FIfiLD NOTE .9 FOR 1.2155 ACRES Tract 5 .Being a 1.2155 ears tract affront located In the Joint Austin Survey, Marmot-1, In Harris County, Texas; sold 1.2155 acre tract being part Of & called 35.0258 acre tract recorded in die name of Hardy Street Partners, L.P., in Harris County Clack's 11110 (H.C.C.F.) numbers V435947, V545732 and V545733 and all OCR celled 1.2155 acre tract recorded in ilia name of Burnett 1.2155 Acres, L,P., H.C.C.F. number Y144031; sold 1.2155 acre treat being mom particularly described by metes and bounds as follows; (bearings are referenced to the Texas State Piano Coordinate System, South Central Zone- 4204, N.A.D,83): COIYINLL7NCINO at a 518-inch Iron rod found at the Intersection of the eastody right-of- way (R•O.W) Bob of North Main Sheet (width varies) mid the eouthadyR,O.W. line of Burnett Road (60 feet wide), for the nonlrwmt Bomar of a called 8.1226 acre tract recorded in the name of'HRrdy Sheet Partners, L.P., in H.C•C.F. numbars V435947. V545732 and V545733; 'Chance, with the southerly R.O. W. line of said Burnett 3trest mid the northerly line of said 8.1226 acre tract and said 35.0258 acre trial the following three (3) ouareas: I. North 65 degrees 32 minutes 15 seconds Bost, passing at a distance of 757.68 foot a 518. (rich imn rod set for the northeast canter of said a 8. 12% acre dlac of 773.81 being the northeast Romer of said 35.0258 acre treat, Painting a teat A 518-inch Iron rod found for the northeast Romer of a called 8.299 acre lase area lest defined and amended under 1LC.C,F, number W406318, continuing for a total dfstmtoeof 1730.29 feet to a318-inch Gorr rod set far an angle point; 2. Notth 72 degrees 32 minutes 32 seconds But, R distance of 269.39 foot to a 518- Inch iron rod set for an angle point; 3. North 87 degrees 42 minutes 48 seconds Baal, a distance of 430.50 foot to a 518• inch Iron rod found for the northwest career of said 1.2155 sore Iraot and POINT Or, 73FGINNING of ilia heroin described tract,, EXHIBIT A - Land Description 348053-3 11119/2008 Thence, continuing with the southerlyR.o.W. line of said Burnett Street and the northerly line of sold 1,2155 acre tract Noralt 87 degrees 42 minutes 48 seconds East, a distance of 349.50 feet to an 1 XI out in concrete tbund at the intersection of lho south R.O.W. line of said Burnett Street and tho wort R.O.W. line of Hardy Street (60 feet wide par S.F. Noble's Addition as described In Volume 5, Pago 69, of the Harris County Deed Records (H.C.D.1Q, for the northeast comer of said 1.2155 acre tract and the herein described tract; Thence, with the went 11.0. W. tine of said Hardy Street and the east tine of said 1.2155 acre tract, South 02 degrees 17 minutes 12 Seconds Baat a distance of 151.50 feet to a 5184nch iron rod set for the southeast comer of said 1.2155 acre tract and the, herein desoribed tract; '!hence, with the south end west lines of said 1.2155 acre tract the following two (2? courses: 1. South 87 degrees 42 minutes 48 seconds West, for a distance of 349.50 feet to a 5/e•inch iron rod set for the southwest comer of said 1.2155 acre tract and the herein described tract; 2. North 02 degrees 17 minutes 12 seconds West, a distanco of 151.50 feet to the Point of Beginning and containing 1,2155 sores of land. a EXHIBIT A - Land Description 348053.3 12!19/2008