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HomeMy WebLinkAboutRES 83-370 R E S O L U T I O N WHEREAS, in April, 1983, the City of Beaumont purchased the third tract of the former Tuberculosis Hospital property from Jefferson County pursuant to an option agreement between the City and the County dated October 7 , 1980 ; and, WHEREAS, the funds from which the purchase was made were furnished by the Beaumont Art Museum; and, WHEREAS, on April 10, 1981 , the City of Beaumont and the Beaumont Art Museum entered into a lease agreement concerning the Tuberculosis Hospital property; and, WHEREAS, the City of Beaumont and the Beaumont Art Museum desire to amend said lease agreement to add the above-mentioned tract to the tracts currently leased; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute an instrument entitled "Second Amendment to Lease Agreement" attached hereto as Exhibit "A" and made a part hereof . PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ft # day of , '�,,E, 1983. Mayor - TRACT ONE Being a 6 . 65 acre tract of land out of Block 2 of the French Subdivi- sion, A. Williams League, AB. 385 , Jefferson County, Texas ; Beginning at an iron rod which locates the intersection of the South line of Blackmon Lane and the East line of French Road, said rod be- ing the Northwest corner of Block 2 of the French Subdivision; said corner being the Place of Beginning of the herein described tract of land; Thence South 89 Degrees 58 Minutes East with the South line of Black- mon Lane and the North line of Block 2 for a distance of 673. 55 feet to a point for corner ; Thence South 00 Degrees 04 Minutes West for a distance of 430. 125 feet to a point for corner ; Thence North 89 Degrees 58 Minutes West for a distance of 673 . 55 feet to a point for corner in the East line of French Road and the West line of Block 2 ; Thence North 00 Degrees 04 Minutes East with the East line of French Road and the West line of Block 2 for a distance of 430 . 125 feet to the Place of Beginning; Containing 6 . 650 acres of land. TRACT TWO: Being a 6 . 65 acre tract of land out of Block 2 of the French Subdi- vision, A. Williams League , Abstract 385 , Jefferson County, Texas ; Beginning at an iron rod which locates the intersection of the South line of Blackmon Lane and the East line of French Road , said rod being the Northwest corner of Block 2 of the French Subdivision ; Thence South 89 Degrees 58 Minutes East with the South line of Black- mon Lane and the North line of Block 2 for a distance of 673 . 55 feet to the Place of Beginning of the herein described tract of land ; Thence continuing South 89 Degrees 58 Minutes East with the South line of Blackmon Lane and the North line of Block 2 for a distance of 336 . 77 feet to an iron rod which locates the Northeast corner of Lot 4 , Block 2 ; Thence South 00 Degrees -04 Minutes West with the East line of Lot 4 , Block 2 for a distance of 573 . 50 feet to a point for corner in the East line of Lot 7 , Block 2 ; Thence North 89 Degrees 58 Minutes West for a distance of 1010 .32 feet to a point for corner in the East line of French Road and the West line of Block 2 ; Thence North 00 Degrees 04 Minutes East with the East line of French Road and the West line of Block 2 for a distance of 143 . 375 feet to a point for corner ; THENCE South 89 Degrees 58 Minutes East for a distance of 673 . 55 feet to a point for corner; Thence North 00 Degrees 04 Minutes East for a distance of 430. 125 feet to the Place of Beginning ; Containing 6 . 65 acres of land_ �� EXHIBIT " All TRACT THREE : Being a 6. 65 acre tract of land out of Block 2 of the French Subdi- vision, A. Williams League, Abstract 385 , Jefferson County, Texas ; Beginning at an iron rod which locates the intersections of the South line of Blackmon Lane and the East line of French Road, said rod also locates the Northwest corner of Block 2 of the French Subdivi- sion; Thence South 00 degrees 04 minutes West with the East line of French Road and the West line of Block 2 for a distance of 573 . 50 feet to the Place of Beginning of the herein described tract of land; Thence South 89 degrees 58 minutes East for a distance of 1010 . 32 feet to a point for corner in the East line of Lot 7 , Block 2; Thence South 00 degrees 04 minutes West with the East line of Lot 7 , Block 2 for a distance of 286 . 75 feet to a point for corner in the North line of- Delaware Street , said point also being the South- east corner of Lot 7 , Block 2 ; Thence North 89 degrees 58. minutes West with the North line of Dela- ware Street and the South line of Block 2 for a distance of 1010 . 32 feet to a point for corner in the East line of French Road , said point being the Southwest corner of Block 2 ; Thence North 00 degrees 04 minutes East with the East line of French Road for a distance of 286 . 75 feet to the Place of Beginning ; Containing 6 . 65 acres of land. EXHIBIT " A„ SECOND AMENDMENT TO LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS , on the 10th day of April , 1981 , the City of Beaumont , a municipal corporation of the State of Texas , hereinafter referred to as "Lessor" , and the Beaumont Art Museum, a Texas non-profit corporation, hereinafter referred to as "Lessee" , executed a certain lease agreement of record in Volume 2306, Page 451 of the Deed Records of Jefferson County, Texas , hereinafter called the "Lease" , whereby Lessee leased from Lessor certain tract of real property more fully described therein ; and WHEREAS , on the 12th day of April , 1982 , Lessor and Lessee executed a certain amendment to the Lease , of record in Volume 2379 , Page 47 of the Deed Records of Jefferson County, Texas , to add certain real property more fully described therein to the property then leased by Lessee under the Lease ; and WHEREAS , Lessor and Lessee now desire to amend the Lease to add additional real property to the tracts currently leased by Lessee for which Lessee has paid Lessor additional rental ; NOW, THEREFORE , it is agreed that the Lease is amended as follows : 1. The description of the leased premises in Exhibit "A" of this Lease is hereby amended to read as Exhibit "A" , attached to this Second Amendment to Lease Agreement and made a part hereof by this reference. 2. Section 2 of the Lease is amended to read as follows : LESSEE has paid to LESSOR as rental for the leased premises for the term hereof the sum of TWO HUNDRED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($255 , 000. 00) , the receipt and sufficiency of which is hereby acknowledged . 3 . Except as expressly amended herein , the Lease is hereby ratified and confirmed. as originally written, and the Lease shall continue in full force and effect as amended herein. EACUTED this the day of 1983. CITY OF BEAUMONT-, LESSOR By : �, ,� KAR Cit•. ,`z:tl<lp er BEAUMONT ART MUSEUM, LESSEE By : L. M. FULBRIGHT , President of the Board of Trustees THE STATE OF TEXAS § COUNTY OF JEFFERSON § Before me , the undersigned authority , on this day personally appeared Karl Nollenberger, City Manager of the City of Beaumont , Texas , a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated , and as the act and deed of said corporation. Given under my hand and seal of office this day of 19 Notary Public for the State of Texas My commission expires : THE STATE OF TEXAS § COUNTY OF JEFFERSON § Before me , the undersigned authority , on this day personally appeared L. M. Fulbright , President of the Board of Trustees , of the Beaumont Art Museum, a Texas non-profit corporation , known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated , and as the act and deed of said corporation. Given under my hand and seal of office this day of 19 Notary Public for the State of Texas My commission expires :