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Home My WebLink AboutRES 95-287 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of land for improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan Boulevard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following land for improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan Boulevard be, and the same is hereby, approved: Parcel 106 A and 106 B: 0.6416 of an acre tract of land out of Laurel Heights Addition (3650 Laurel Avenue) Negotiated Value: $114,866.00 Less Improvements: $ .00 Total Compensation: $114,866.00 (Partial Taking) Owners: Doctors L. Scott Wallace, James W. Shuffield, Jr., Jack G. McNeill, Thomas M. Smith, John T. Taylor, Jerry D. Clark, E. Szalay and David D. Teuscher BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to lease Parcel 106A to the owners for $1.00 per year until such time as the property is needed for the second phase of the project. BE IT FURTHER RESOLVED that a License to Encroach is hereby granted to the owners for the property shown in Exhibit "A" attached hereto and made a part hereof. PASSED BY THE CITY COUNCIL of the City of Beaumont this the ° /,day of 1995. - Mayor - LIBERTY—LAUREL III PROJECT SUBJECT ACQUISITION AND LEASE LADYS � O I z H ❑ AGREEMENT i PARCELS 106A AND 1068 n MARRiSON 0.6416 ACRES OUT OF LAUREL HEIGHTS ADDITION — — _ i.� DRCADVAY I TIDBITS Park (3650 LAUREL AVE.) LID RTY'. VALLOV Park LMIREL PARTIAL TAKING pRIOLE L — CAMBRIDGE LICENSE TO ENCROACH . 4rM ,,�4, �I m a BLE O N RUSK RqI Z LAZA T�3}• I ELOI E ADJACENT CITY OWNED BRISTOL 1 1 DF D a i w BROA MO i PROPERTY RE BELLGR EN 0 OWNERS: a PA�IFiE DR. L. SCOTT WALLACE, ET AL 2B7 LEGEND L]CATION MAP ACQUISITION AND LEASE N.T.S. AGREEMENT LICENSE TO ENCROACH ro% sr '0 _1068 a N.T.S. - -- /;Ei:i'r�:_i?�=:: iccc?;::�i:y _ _ .c�ay aa�•y- .x.� 106A == ' -=��1'.*^ .:ti::':::`r:::::� :•,.:; �r� A0.T?�MOD Mt.TKe-nt ::}::::vi•.:;::..:!::':::' —bYTt/'•SPI•.J1RJ1' w' �f"n°i1'r SR1^Jt1fY/� /lI A7'—!✓n�r �—��—�� nn P7 LAUREL AVE. :XHIBIT "A" L-LP17S THE STATE OF TEXAS COUNTY OF JEFFERSON 0 KNOW ALL MEN BY THESE PRESENTS: M LICENSE AGREEMENT THIS AGREEMENT, made this the 0 day of %��Z , 1996 by and between the City of Beaumont, a municipal corporation in Beaumont, Jefferson County, Texas, hereinafter called the "Licensor" and Orthopaedic Properties, a general partnership, hereinafter called the "Licensee". WHEREAS, the Licensor is the owner of the real property described as being described in Exhibit "A" attached hereto and made a part hereof for all purposes, and, WHEREAS, the real property described in Exhibit "A" is to be used for the construction of the proposed Liberty -Laurel Project and, WHEREAS, the Licensee desires to exercise certain rights and privileges upon the property described in Exhibit "A" until such time of the commencement of construction of said project; NOW, THEREFORE, it is agreed as follows: Licensor hereby grants to Licensee a License to temporarily occupy and use, subject to all of the terms and conditions hereof, the above described property for the purpose of maintaining a parking lot. Licensee agrees to restrict the use of the licensed premises to such purpose, and not to use or permit the use of the premises for any other purpose without first obtaining the consent in writing of Licensor. In consideration for this agreement, the Licensee shall pay to Licensor the sum of One and No/100 Dollar ($1.00) per year, beginning April 15, 1996 and being due and payable on April 15th of each year thereafter. Licensee shall be responsible at its own expense for the maintenance of the licensed premises. The premises is to be maintained in a safe, sanitary and a good state of repair. Licensee shall indemnify, save, and keep harmless Licensor from all liabilities, claims, damages, judgments, injuries, costs and expenses which may in any manner come against Licensor in consequence of or resulting from any operations that may be conducted or carried on the licensed premises. Licensee shall carry public liability, bodily injury insurance on the licensed premises in the amount of $250,000.00 for each person, and $500,000.00 for each occurrence, and property damage Viability insurance in the amount of $100,000.00 for each occurrence, the cost of said insurance policies is to be borne by Licensee. Said policies of insurance must be approved by Licensor and must be written by companies acceptable to Licensor. Said policies of insurance shall name Licensor as an additional insured. Certificates of insurance evidencing said coverage must be filed i'vith the City Clerk of the City of Beaumont. It is agreed that Licensee shall relinquish the premises to Licensor within a reasonable time prior to the commence of construction of the proposed street. Lessee agrees this instrument shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Failure of Licensee to promptly correct any default hereunder after receipt of notice from Licensor may result in the termination of this agreement. lliis License is personal to the Licensee. It is non -assignable and any attempt to assign this License will terminate the license privileges grant to Licensee hereunder. This agreement is also terminable by either party by giving written notice to the other specifying the date of termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Licensee shall comply with all Federal and State laws, ordinances of the City of Beaumont and other regulations during the term of this License. Any notice to Licensor hereunder shall be sufficient if mailed to the City Manager of the City of Beaumont at P. O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee hereunder shall be sufficient if mailed to Orthopadic Properties, 3650 Laurel Avenue, Beaumont, Texas 77707. IN WITNESS, WHEREOF, the parties hereto have executed this agreement on the day and year first above written. LICENSOR, CITY 6F BEAUMONT By4144-L-ji Ray A. Riley, City Manag r LICENSEE: ORTHOPAEDIC PROPERTIES By 04VZzO Duane N. Hill, Partner STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the 15-� day of O , 1996, by Ray A. Riley, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. N QY f Y ! j`I 1 4 A l ttY�'n,C� STATE OF TEXAS COUNTY OF JEFFERSON III ! W of ry Public, State of Texas This instrument was acknowledged before me on the -L-Lij. day of A P R 1—, 1996 by Duane N. Hill, partner)on behalf of Orthopaedic Properties, a partnership. �saru� RETURN TO: GLADYS G. ALLEN CITY OF BEAUMONT P.O. BOX 3827 BEAUMONT, TX 77704 S:W,AY5 W► � - •- - �� EXHIBIT "A" FIELD NOTES Dr. L. Scott Wallace et al Tract 106A 0.6398 acres Part of Laurel Heights Addition Noah Tevis Survey Jefferson County, Texas Being a 0.6398 acre tract or parcel of land out of and part of the Laurel Heights Addition, and being out of and part of that same 2.35 acre tract of land as conveyed from Peter W. Maida and T.E. Moor to Dr. L. Scott Wallace, Dr. James W. Shuffield Jr., Dr. Hugh E. Alexander Jr., and Dr. Jack G. McNeill, a partnership in Beaumont, and recorded in Volume 1779, Page 488 of the Deed Records of Jefferson County, Texas, said 0.6398 acre tract being more particularly described as follows: BEGINNING at an iron rod in the north right-of-way line of Laurel Avenue, said point being the southwest corner of the above - mentioned 2.35 acre tract and the southeast corner of a 2.3009 acre tract as conveyed from T.E. Moor Sr. and Peter W. Maida to Robert Q. Keith, Trustee, and recorded in Volume 1752, Page 265 of the Deed Records of Jefferson County, Texas, said point also being NORTH 87 deg. 26 min. 59 sec. EAST and 826.43 feet from the intersection of the north right-of-way line of Laurel Avenue and the east right-of-way line of Twenty -Third Street; THENCE NORTH 3 deg. 01 min. 32 sec. WEST along the west line of this tract and the east line of the said 2.3009 acre tract for a distance of 339.72 feet to a fence post set in concrete for the northwest corner of this tract and the northeast corner of the 2.3009 acre tract; THENCE NORTH 86 deg. 26 min. 47 sec. EAST along and with the north line of this tract for a distance of 95.00 feet to an iron rod set for the northeast corner of this tract; THENCE SOUTH 27 deg. 47 min. 52 sec. WEST for a distance of 29.27 feet to an iron rod set for an angle point; THENCE SOUTH 3 deg. 01 min. 32 sec. WEST along the east line of this tract for a distance of 286.13 feet to an iron rod set for an angle point; THENCE SOUTH 47 deg. 47 min. 17 sec. EAST for a distance of 42.60 feet to an iron rod set for the southeast corner of this tract, said point being in the north right-of-way.line of Laurel Avenue; 'THENCE SOUTH 87 deg. 26 min. 59 sec. WEST along and with the north right-of-way line of Laurel Avenue and the south line of this tract :for a distance of 110.00 feet to the PLACE OF BEGINNING, and containing 0.6398 acres of land, more or less. FIELD NOTES Dr. L. Scott Wallace et al Tract 106B 0.0018 acres -- Part of a 2.35 acre tract Laurel Heights Addition Jefferson County, Texas Being a 0.0018 acre triangular tract or parcel of land out of and part of a certain 2.35 acre tract as conveyed to Dr. L. Scott Wallace et al, and recorded in Film Code 100-61-0938 of the Official Public Records of Jefferson County, Texas, said tract being more particularly described as follows: COMMENCING at an iron rod being the southeast corner of the said 2.35 acre tract, same being in the north right-of-way line of Laurel Avenue -and -the southwest corner of a 1.024 acre tract as conveyed to Eleanore Perlstein Weinbaum, and recorded in Volume 2426, Page 395 of the Deed Records of Jefferson County, Texas, 'THENCE NORTH 2 deg. 52 min. 34 sec. WEST along and with the said common line for a distance of 299.79 feet to an iron rod found in -the north line of Lot 3, Block 5 of the Laurel Heights Addition, as :recorded in Volume 7, Page 19 of the Map Records of Jefferson County, Texas; THENCE NORTH 3 deg. 36 min. 12 sec. EAST entering the Liberty :Avenue 60 foot right-of-way as abandonned by City of Beaumont Ordinance #81-53 for a distance of 21.81 feet to an iron rod set for the PLACE OF BEGINNING; THENCE NORTH 71 deg. 49 min. 19 sec. WEST for a distance of 21.36 feet to a PK nail set for corner; '.THENCE NORTH 86 deg. 26 min. 47 sec. EAST for a distance of 19.83 feet to a PK nail set for the northeast corner; ':THENCE SOUTH 3 deg. 36 min. 12 sec. WEST along and with the east line of the 2.35 acre tract for a distance of 7.91 feet to the PLACE OF BEGINNING, containing 0.0018 acres of land, more or less. LIBERTY -LAUREL III PROJECT ACQUISITION AND LEASE AGREEMENT PARCELS 106A AND 10613 0.6416 ACRES OUT OF LAUREL HEIGHTS ADDITION (3650 LAUREL AVE.) PARTIAL TAKING LICENSE TO ENCROACH ON ADJACENT CITY OWNED PROPERTY OWNERS: DR. L. SCOTT WALLACE, ET AL LEGEND ' ACREEMIE ON AND LEASE LICENSE TO ENCROACH cat Is 1r __ LOCATION MAP N.T.S. L-L-106