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HomeMy WebLinkAboutRES 09-261 RESOLUTION NO. 09-261 WHEREAS, in June, 2006, the City of Beaumont entered into a Lease and Management Agreement with the Jefferson Theatre Limited Partnership ("JTLP") for the operation and maintenance of the Jefferson Theatre; and WHEREAS, said agreement offered to the City of Beaumont the first right of refusal to purchase the Jefferson Theatre for One Dollar ($1.00) after the expiration of tax credit obligations of JTLP; and WHEREAS, said tax credit obligations have expired and the parties wish to exercise the option to purchase and the City Manager agrees to accept ownership of the property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the option to purchase the Jefferson Theatre for the amount of One Dollar ($1.00) be and the same is hereby exercised, said property to be conveyed to the City of Beaumont by Special Warranty Deed, substantially in the form attached hereto as Exhibit PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of September, 2009. Mp � Mayor Becky Ames - L it jle NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO. OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That,the JEFFERSON THEATRE LIMITED PARTNERSHIP,of the County of Jefferson, State of Texas,hereinafter called GRANTORS for and in consideration of the sum of ONE AND NO/100($1.00)DOLLARS and other good and valuable consideration,to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed,have GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described as follows: Lot Two Hundred Three (203), West Twenty-two and Seven Hundredths feet(W22.07')of Lot Two Hundred Four(204)and Lots Two Hundred Six and Seven (206 & 207), Tract Two (2), in Block Forty (40) of the Original Town of Beaumont Addition, an addition to the City of Beaumont, Jefferson County, Texas, according to the plat thereof, on file, and of record in Volume 448, Page 249 of the Deed Records in the office of the County Clerk of Jefferson County, Texas; and being the same tract conveyed to Jefferson Theatre Preservation Society as recorded in Volume 2036, Page 442 of the Deed Records of Jefferson County, Texas. GRANTORS do hereby except and reserve from this conveyance unto itself, its successors and assigns,forever, all of the oil,gas,and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,mining or drilling for same. EXHIBIT "A" This conveyance is expressly made subject to all zoning laws and to restrictions,covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTORS bind themselves and their successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTORS but not otherwise. EXECUTED this the day of 32009. JEFFERSON THEATRE LIMITED PARTNERSHIP By 345 FANNIN PARTNERS, INC., General Partner By: By: STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2009, by of 345 Fannin Partners, Inc., as General Partner of Jefferson Theatre Limited Partnership, on its behalf. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2009, by of 345 Fannin Partners, Inc., as General Partner of Jefferson Theatre Limited Partnership, on its behalf. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Ilona N.Baker P.O.Box 3827 Beaumont,TX 77704 jetT theatre Jul. 1 2010 12 5 020' 2 IIIlilllllllllllllllllllllllllllllllllliillllllllll °° 2010@2570 3 PGS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO. OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That,the JEFFERSON THEATRE LIMITED PARTNERSHIP,ofthe County of Jefferson, State of Texas,hereinafter called GRANTORS for and in consideration of the sum of ONE AND NO/100(S l.00)DOLLARS and other good and valuable consideration,to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed,have GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described as follows: Lot Two Hundred Three (203), West Twenty-two and Seven Hundredths feet(W22.07')of Lot Two Hundred Four(204) and Lots Two Hundred Six and Seven (206 & 207), Tract Two (2), in Block Forty (40) of the Original Town of Beaumont Addition, an addition to the City of Beaumont, Jefferson County, Texas, according to the plat thereof, on file, and of record in Volume 448, Page 249 of the Deed Records in the office of the County Clerk of Jefferson County, Texas; and being the same tract conveyed to Jefferson Theatre Preservation Society as recorded in Volume 2036, Page 442 of the Deed Records of Jefferson County, Texas. GRANTORS do hereby except and reserve from this conveyance unto itself, its successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,mining or drilling,for same. Jul. ?. O 1 2 : g N This conveyance is expressly made subject to all zoning laws and to restrictions,covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTORS bind themselves and their successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTORS but no otherwise. J'/EXECUTED this the ay of , 2010.4 JEFFERSON THEATRE LIMITED PARTNERSHIP By 345 FANNIN PARTNERS, INC., General Partner By: Ai- By: '- STATE OF TEXAS X COUNTY OF JEFFERSON X T nt as wiled before me o is the day of I ; 2010,by — 1A f 345 Fannin Partners, Inc., as General Partner of Jefferson Theatre L.' ited Part ip, on its behalf. E KAREN E.CHESSCN j COMMISSION EXPIRF_S AprH 3,20t4 4 Nota Public, State of Texas -_ Jul. 1 i!i i '' =^�^,T N +II 4 4. JV I ,' G. ZJ J �. STATE OF TEXAS X COUNTY OF JEFFERSON X as Vowledged before me on t the a of � I , 20 10, by Thi Y - - F 345 Fannin Partners,Inc., as General Partner of Jefferson Theatre Limited Partnershi , on its behalf. Notary ublic, State of Texas RETURN TO: City of Beaumont do Ilona N.Baker "ry i KAREN E.CHESSON i t P.O. Box 3827 ` "= My COMMISSION EXPIRES Beaumont,TX 77704 Apd13,2014 I ietf tAcatrc VIv J FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2010 Jul 14, 10:37 AM JAMES: $24.00 2010025110 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS II