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HomeMy WebLinkAboutRES 11-014 RESOLUTION NO.11-014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a deed for the exchange of 0.0307 acres of property in return for the 0.0112 acres of property, located at Liberty and 11 th Street, owned by Altus Healthcare Management Services to resolve an encroachment issue into the Liberty Street right-of-way adjacent to the Altus Healthcare facility. The deeds are substantial) in the forms attached hereto as Exhibit "A" an Exhibit " y d bit B. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - 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,CITY OF BEAUMONT, of the County of Jefferson, State of Texas,hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND ONE HUNDRED TWELVE AND NO 1100($5,112.00) 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, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said ALTUS HEALTHCARE MANAGEMENT SERVICES, 390 North I I 1 Street,Beaumont,Texas 77702, and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her successors and assigns,forever, all of the oil,gas,and sulphur in and under the Iand herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring,developing, mining or drilling for same. 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 EXHIBIT"A" GRANTEE and GRANTEE'S successors and assigns,forever; and said GRANTOR binds herself and her 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 GRANTOR but not otherwise. EXECUTED this the day of ,2011. CITY OF BEAUMONT By v Printed Name Kyle Hayes Title _City Manager STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared _Kyle Hayes_, _City Manager_, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said ALTUS HEALTHCARE MANAGEMENT SERVICES and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,2011. Notary Public, State of Texas RETURN TO: City of Beaumont c%Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 EXHIBIT "A" Legal Description: 0.0307 Acre Tract or Parcel of Land Out of and Part of Lots 16 and 17, Block 49 Averill Addition Volume 1,Pages 131 and 132,Map Records Beaumont, Jefferson County,Texas BEING a 0.0307 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of Lots 16 and 17, Block 49 of Averill Addition, a subdivision of the City of Beaumont, Jefferson County, Texas according to the plat thereof recorded in Volume 1, Pages 131 and 132, Map Records, Jefferson County, Texas and being out of and part of that certain called 0.134 acre tract of land as described in a deed from Carroll W. Conn, Jr. to The City of Beaumont as recorded in Volume 1515, Page 124, Deed Records, Jefferson County, Texas, said 0.0307 acre tract being more particularly described as follows: NOTE.- All bearings are based on the assumed bearing of NORTH 00°00'00" EAST for the East right-of-way line of Eleventh Street,,the same being the West line of the said Block 49. COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of that certain called 0.5804 acre tract of land as described in a "General Warranty Deed" from Set Asset Properties, L.L.C. to Altus Beaumont Realty, L.P. as recorded in Clerk's File No. 2010027716, Official Public Records of Real Property, Jefferson County, Texas and said corner also being the Northwest comer of the said Lot 16 and the Southwest corner of Lot 15 of the said Block 49 and being in the East right-of-way line of Eleventh Street(based on a width of 80 feet); THENCE SOUTH 00 000'00" WEST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 76.23 feet to a scribed "X" in concrete found for the POINT OF BEGINNING of the tract herein described, said comer being the Southwest corner of the said 0.5804 acre Altus Beaumont Realty tract and also being the most Northerly corner of the said 0.134 acre City of Beaumont tract, and also said comer being the beginning of a curve turning to the right having a radius of 227.12 feet and being subtended by a chord bearing SOUTH 67°54'11" EAST having a chord length of 95.40 feet; THENCE SOUTHEASTERLY, along and with said curve to the right and the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for an arc length of 96.12 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley&Associates" found for corner; THENCE SOUTH 40 000'46" EAST, along and with the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for a distance of 18.05 feet to a point for corner in the proposed North right-of-way line of Liberty Avenue; EXHIBIT"A„ Pa e 1 of 2 MARK W.WRITELEYAND ASSOCIATES,INC THENCE NORTH 68 020'57" WEST, along and with the proposed Northerly right-of-way line of Liberty Avenue, for a distance of 24.65 feet to a 5/8" iron rod set for corner, said comer being the beginning of a curve turning to the left having a radius of 822.15 feet and being subtended by a chord bearing NORTH 71°1VI 7"WEST having a chord length of 81.44 feet; THENCE NORTHWESTERLY, along and with said curve to the left and the proposed Northerly right-of-way line of Liberty Avenue, for an arc length of 81.47 feet to a scribed "X" in concrete set for corner,said corner being in the East right-of-way line of Eleventh Street and said corner also being in the West line of the said Lot 16; THENCE NORTH 00 000'00" EAST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 14.35 feet to the POINT OF BEGINNING and containing 0.0307 Acres,more or less. Surveyed on October 26, 2010. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). Of T Q�•4`s r s'�••.`9 Q �o•;N THOMAS S.KOWE Thomas S. Rowe,RPLS No. 5728 '90 528 R 0 WA20IMI0.607I0.607 TRACT TO ALTUSm&hdoc ,S U�k EXHIBIT"A" Page 2 of 2 MARK W.WNITELEYANDASSOCIATES,INC FND 5/8" I. ROD BROADWAY STREET W\CAP STAMPED ROW) ' ! "M.W. WHITELEY & 0, TRUE VIEW REALTY cc ASSOCIATES" _$WO \5 PARTNERS TWO, L.P. 1A I 0 WNm \,Ot CF. N0. 2006017915 vol vw p$�wa OPRJC W I Q �N •pd• Q d Qhb -- w �r 0 in I LINE BEARING DISTANCE Q a a ° L7 S40'00'46"E 18.05' nr L2 N68`20'57"W 24.65' z FND 5/8" I. ROD I L3 N00'00'00"E 14.36' W\CAP STAMPED r "M.W. WHITELEY & ASSOCIATES" I o Ln o>- 'z '' to w �Q u Cn3aC �' G�7 a Q o S i w tO o Iz CALLED 0.5804 ACRES I -1 = °' o ALTUS BEAUMONT REALTY, L.P. �' Ih CF. NO. 2010027716 p°� W°= °a N �° OPRJC I > b J i L)m ao W z vc, \6 I� ► gyp( \� z P z FND SCRIBED "X" I J IN CONCRETE J UP a I �� a cn �. EXISTING RIGHT OF WAY pOQQ O o cq w M d� d�OJ(�o p C-4 N N J VO�� N C14 a0 SET SCRIBED "X", W U 3 IN CONCRETE pOd > I 0.0307 ACRES Ula C50 0 Cb PROPOSED RIGHT OF WAY C2 W\CAP STAMPED 0 'M.W. WHITELEY ASSOCIATES" & I EXHIBIT"B" REFER TO EXHIBIT "A" LIBERTY AVENUE 5ET SCRIBED "X" FOR LEGAL DESCRIPTION I IN CONCRETE CACCE6 0 134-ACRES CITY OF BEAi!►AONT CALC. TO THE OWNERS OF THE PREMISES SURVEYED VOL. 1515, PC. 124 CORNER AS OF THE DATE OF THE SURVEY.' DyC f. THOMAS S. ROWE DO HEREUY CERTIFY THAT THIS SURVEY WAS THIS DAY I I \ MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIDED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. 0.0307 ACRE TRACT ' ALTUS HEAUMONT REALTY, LP. DATE SURVEYED: OCTOBER 26, 2010 .... OR PARCEL OF LAND OR or. SAW SME SHW No.: T OUT VE& AM soft T -20' 1 of 1 OF AND PART OF Joe Na M,W;\so, 10-ec LOTS 18 AND 17 10-607 +o-so?Tuff To%u m 0 �. .. ................. THOMAS S. ROWE BLOCK 48 �aARx W, vHrrELEY t 0,p. 5728 `'}. AVERILL ADDITION ' INCORPORATED '• 9p s\0��'`O VOL. 1 PGS. 131 & 132 comma m MAP RECORDS 1 w o BEAUMONT, JEFFERSON COUNTY. TEXAS o THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 a.� iir° r°`me-au +rroe 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,ALTUS HEALTHCARE MANAGEMENT SERVICES, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN AND NO 1100($10.00)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,has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. 0. Box 3827, Beaumont,Texas 77704, and to its successors and assigns forever the property described in Exhibit"A",attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her successors and assigns, forever, all of the oil, gas,and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring,developing, mining or drilling for same. 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 GRANTOR binds EXHIBIT "B" herself and her 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 GRANTOR but not otherwise. EXECUTED this the day of $ 2011. ALTUS HEALTHCARE MANAGEMENT SERVICES By Printed Name Title STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said ALTUS HEALTHCARE MANAGEMENT SERVICES and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 12011. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 EXHIBIT"A" Legal Description: 0.0112 Acre Tract or Parcel of Land Out of and Part of Lots 17, 18 and 19, Block 49 Ave,rill Addition Volume 1, Pages 131 and 132,Map Records Beaumont, Jefferson County,Texas BEING a 0.0112 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of Lots 17, 18 and 19, Block 49 of Averill Addition, a subdivision of the City of Beaumont, Jefferson County, Texas according to the plat thereof recorded in Volume 1, Pages 131 and 132, Map Records, Jefferson County, Texas and being out of and part of that certain called 0.5804 acre tract of land as described in a "General Warranty Deed" from Set Asset Properties, L.L.C. to Altus Beaumont Realty, L.P. as recorded in Clerk's File No. 2010027716, Official Public Records of Real Property, Jefferson County,Texas, said 0.0112 acre tract being more particularly described as follows: NOTE: All bearings are based on the assumed bearing of NORTH 00 10090" EAST for the East right-of-way line of Eleventh Street, the same being the West line of the said Block 49. COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of the said 0.5804 acre Altus Beaumont Realty, L.P. tract and said corner also being the Northwest corner of the said Lot 16 and the Southwest corner of Lot 15 of the said Block 49 and being in the East right-of-way line of Eleventh Street(based on a width of 80 feet); THENCE SOUTH 00 000'00" WEST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 76.23 feet to a scribed "X" in concrete found for corner, said corner being the Southwest corner of the said 0.5804 acre Altus Beaumont Realty tract and also being the most Northerly corner of the said 0.134 acre City of Beaumont tract, and also said comer being the beginning of a curve turning to the right having a radius of 227.12 feet and being subtended by a chord bearing SOUTH 67'54'11" EAST having a chord length of 95.40 feet; THENCE SOUTHEASTERLY, along and with said curve to the right and the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for an are length of 96.12 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley&Associates" found for corner; THENCE SOUTH 40 000'46" EAST, along and with the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for a distance of 18.05 feet to the POINT OF BEGINNING of the tract herein described, said point being in the proposed North right-of-way line of Liberty Avenue; EXHIBIT"A" Page I of 2 MARK W.WHITELEFAND ASSOM TES,INC THENCE SOUTH 68 020'57" EAST, along and with the proposed Northerly right-of--way line of Liberty Avenue, for a distance of 65.36 feet to a scribed "X" in concrete found for corner, said t of way line of Liberty Avenue and also said corner being corner being in the existing North n y g g � Y in the South line of the said Lot 19; THENCE NORTH 89 052'33" WEST, along and with the existing Northerly right-of-way line of Liberty Avenue, the same being the South line of Lot 18 and 19, for a distance of 40.58 feet to a point for comer, said corner being the most Easterly corner of the said 0.134 acre City of Beaumont tract; THENCE NORTH 40 000'46" WEST,along and with the existing Northerly right-of-way line of Liberty Avenue, the same being the Northeasterly line of the said 0.134 acre City of Beaumont tract, for a distance of 31.37 feet to the POINT OF BEGINNING and containing 0.0112 Acres, more or less. Surveyed on October 26, 2010. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). OF e Thomas S. Rowe, RPLS No. 5728 .... ................. E ................................ q 5728 P; WA2010110-60710-607 TRACT TOCoBm&b.doc `,�•9 - `?.�O CsSo sua EXHIBIT"A" Pa e2of2 MARK W.WNlTELEYAND ASSOM TES,INC. BROADWAY STREET � Jw a„z (60' ROW) J TRUE VIEW REALTY c9 a :rSm I PARTNERS TWO, L.P. 3 Q N fA o W,o t \ CF. NO. 2006017915 I OS I a dN oN, '^v v�'i g—uw �� OPRJC I � .O N N b"w I z � ( LJ�.1 Z �`-'.J1.�1 �L.� L/ ©� L�-!/Lru l:J fS V ICO W c v 0 , FND 5/8" I. ROD lot, o W\CAP STAMPED I I 00 M "M.W. WHITELEY & cli ASSOCIATES" I I \$ Z co I \.OS I Z W Y ° \6 W m ° u W I° o fog W 0 I� o ° J I U 04 p (n J IJ b �N CALLED 0,5804 ACRES o M ALTUS BEAUMONT REALTY, L.P. z CF. NO. 2010027716 FND SCRIBED "X" ° OPRJC IN CONCRETE U` �pp 4 \ I V SET SCRIBED "X" \ XISTING RIGHT OF WAY IN CONCRETE \ I I E5 N N I \ N N I \ F'RD-578"-T -ROD \\ W\CAP STAMPED I v PROPOSED RIGHT OF WAY "1x���POB ° \`) �A5SOCIATES" I ti 0 CALC. z EXHIBIT"B" ���D"Y" i\ CORNER h REFER TO EXHIBIT "A" I \ o FOR LEGAL DESCRIPTION CALLED 0.134 ACRES I O J� CITY OF BEAUMONT �0 ?% ^ PROPOSED RIGHT OF WAY Z VOL. 1515 PG. 124 � DRJC 'Ly 2. \9 by oho' . ` �2 0� o I gat s. 6 4 1\' RING DISTANCE LINE BEARING y. � I Lt S4A'00 46'E 18.05' `9 0.0112 ACRES L2 S68'20'57"E 65.36' yv99C, L3 N8952'33°W 40.58' L4 N40'OO'46"W 31.37' — - — — — — — CALC. CORNER FN CRIBED "X" TO THE OWNERS OF THE PREMISES SURVEYED EXISTING RIGHT OF WAY IN CONCRETE AS OF THE DATE OF THE SURVEY 1. THOMAS S. ROM DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY LIBERTY AVENUE MAX ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. 0.0112 ACRE TRACT ' C17Y OF BEAU90NT DATE SURVEYED: OCTOBER 261 2010 OR PARCEL OF LAND pm s S " Q G\S tF�'' �- OUT OF AND PART OF I"=20'1 1 of t A\ ; F, F '•y rwt W\m1o\iO-eoT rELOTS 17. 18 AND 19 10--w7-�w ooezwc 0 .;... 3... —THOMAS.S. ROWE BLOCK 49 MM AL AFSHSTO AZT I4. . ... ... AVERILL ADDITION 5728 INCORPORATED ................... ° VOL. 1 PG. 131 & 132 , MAP RECORDS : A0 BEAUMONT, JEFFERSON �� � e COUNTY, TEXAS F. 0. o �+.-.� .. THOMAS S. ROWS - REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 I IIIIIIiIIIIIIIIiIIIIIIiIIIIIIIIIIIIIIINIIilllllllllllllill DD 2011003691 6 PGS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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 § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § SPECIAL WARRANTY DEED THAT, ALTUS BEAUMONT REALTY, L.P., a Texas limited partnership, hereinafter called GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) 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, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto said CITY OF BEAUMONT, P.O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit " A" attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto itself, its successors and assigns, forever, all of the oil, gas, and sulfhur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling the same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty interests, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in any wise belonging unto the said GRANTEE, and GRANTEE' S successors and assigns, forever; and said GRANTOR binds itself, and its successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE, and GRANTEE' S successors and 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 GRANTOR but not otherwise. EXECUTED this the �-q'-lA day of January, 2011. ALTUS BEAUMONT REALTY, L.P. By Its G P ne Altus B umo t e t GP, LC By: Taseer A. Badar, President THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Taseer A. Badar, President of Altus Beaumont Realty GP, LLC, a Texas liability company, General Partner of ALTUS BEAUMONT REALTY, L.P., a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said ALTUS BEAUMONT REALTY, L.P. and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this a2 yu/day of January, 2011. ¢eailUitAtdf "tASY'"'-® lv 11C Stc`lte O :Mr e�MM 3 " 1pr . Fi OGtt+'fpm RETURN TO: City of Beaumont c/o Antoinette Hardy �.� � , P.O. Box 3827 ��"""����,f� ;of-',,,, Beaumont, Texas 77704 2 EXHIBIT "A" Legal Description: 0.0112 Acre Tract or Parcel of Land Out of and Part of Lots 17, 18 and 19, Block 49 Averill Addition Volume 1, Pages 131 and 132, Map Records Beaumont, Jefferson County,Texas BEING a 0.0112 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of Lots 17, 18 and 19, Block 49 of Averill Addition, a subdivision of the City of Beaumont, Jefferson County, Texas according to the plat thereof recorded in Volume 1, Pages 131 and 132, Map Records, Jefferson County, Texas and being out of and part of that certain called 0.5804 acre tract of land as described in a "General Warranty Deed" from Set Asset Properties, L.L.C. to Altus Beaumont Realty, L.P. as recorded in Clerk's File No. 2010027716, Official Public Records of Real Property, Jefferson County, Texas, said 0.0112 acre tract being more particularly described as follows: NOTE: All bearings are based on the assumed bearing of NORTH 00°00'00" EAST for the East right-of-way line of Eleventh Street, the same being the West line of the said Block 49. COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of the said 0.5804 acre Altus Beaumont Realty, L.P. tract and said corner also being the Northwest corner of the said Lot 16 and the Southwest corner of Lot 15 of the said Block 49 and being in the East right-of-way line of Eleventh Street(based on a width of 80 feet); THENCE SOUTH 00 000'00" WEST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 76.23 feet to a scribed "X" in concrete found for corner, said corner being the Southwest corner of the said 0.5804 acre Altus Beaumont Realty tract and also being the most Northerly corner of the said 0.134 acre City of Beaumont tract, and also said corner being the beginning of a curve turning to the right having a radius of 227.12 feet and being subtended by a chord bearing SOUTH 67°54'11" EAST having a chord length of 95.40 feet; THENCE SOUTHEASTERLY, along and with said curve to the right and the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for an arc length of 96.12 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner; THENCE SOUTH 40 000'46" EAST, along and with the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for a distance of 18.05 feet to the POINT OF BEGINNING of the tract herein described, said point being in the proposed North right-of-way line of Liberty Avenue; EXHIBIT"A" Page 1 of 2 MARK W.WHITELEYAND ASSOCIATES,INC. THENCE SOUTH 68 020'57" EAST, along and with the proposed Northerly right-of-way line of Liberty Avenue, for a distance of 65.36 feet to a scribed "X" in concrete found for corner, said corner being in the existing North right of way line of Liberty Avenue and also said corner being in the South line of the said Lot 19; THENCE NORTH 89 052'33" WEST, along and with the existing Northerly right-of-way line of Liberty Avenue, the same being the South line of Lot 18 and 19, for a distance of 40.58 feet to a point for corner, said corner being the most Easterly corner of the said 0.134 acre City of Beaumont tract; THENCE NORTH 40 000'46" WEST, along and with the existing Northerly right-of-way line of Liberty Avenue, the same being the Northeasterly line of the said 0.134 acre City of Beaumont tract, for a distance of 31.37 feet to the POINT OF BEGINNING and containing 0.0112 Acres, more or less. Surveyed on October 26, 2010. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). OF ...... Thomas S. Rowe, RPLS No. 5728 """ THOMAS S. ROWS ............................ . �-;9 5728 �P W:\2010\10-607\10-607 TRACT TO COBm&b.doc "ESS\0 '4: ..........��ti EXHIBIT"A" Paize 2 of 2 MARK W.WHITELEYAND ASSOCIATES,INC. r; t d) &w r= BROADWAY STREET Mew °c'-Z (60' ROW) uj .au� a;. m TRUE VIEW REALTY I p V)-' f 1wm I PARTNERS TWO, L.P. Z`N CD -,o_3 o w;mw � \5 CF. NO. 2006017915 � �3 I Q 'n N Ln a cn w� vo' OPRJC \� o) O^UN Q Ll oVW N I . ANN o`w z � o _J U Q)LZ L_= TLS Of w w POC FND 5/8" I. ROD C j o W\CAP STAMPED I co x co N "M.W. WHITELEY & o � ASSOCIATES" I \� Z co _ I of I c� uj o 3 \6 I w W m ° o" z �0� \� I J J W O J J w = ° Io Ip � O p .J = ui N IUO) ° z CALLED 0.5804 ACRES �Z °° i ALTUS BEAUMONT REALTY, L.P. I ���00t� I Z CF. NO. 2010027716 FND SCRIBED "X" ° OPRJC ° Qom I p IN CONCRETE I oO� 0�0��� w N Of '019 Al �cf p o SET SCRIBED "X" V� EXISTING RIGHT OF WAY a'v IN CONCRETE I o r� n N N N 8 0 \ W\CAP STAMPED ts PROPOSED RIGHT OF WAY "M.W. WHITELEY &POB \ ASSOCIATES" LC. �I CORNER L U EXHIBIT "B" SET SCRI J\ ( JI REFER TO EXHIBIT "A" \ I o FOR LEGAL DESCRIPTION CALLED 0.134 ACRES I O CITY OF BEAUMONT Q Ay �\' a VOL. 1515, PG. 124 q��-p PROPOSED RIGHT OF WAY ZI DRJC y 90. O \g o ° -. LINE BEARING DISTANCE 90�s L1 S40'00'46"E 18.05' i L2 S68'20'57"E 65.36' 9y v9 0 0112 ACRES y L3 N89'52'33'W 40.58' L 1.37 Y�" L3 L4 N40'00'46'W 3 ' — — — — — - �� CALC. FN CRIBED "X" CORNER IN CONCRETE TO THE OWNERS OF THE PREMISES SURVEYED EXISTING RIGHT OF WAY AS OF THE DATE OF THE SURVEY.• I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY LIBERTY AVENUE MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. 0.0112 ACRE TRACT CITY OF BEAUMONT DATE SURVEYED: OCTOBER 26, 2010 .............. OR PARCEL OF LAND ors er: s,�w scuF: sr�r rw•: OUT OF AND PART OF % '"AD 2 R 1"-20'1 1 of 1 :`'F, F •. y JW►a. RM Vr:\2010\)o-eo7\ REV. ' LOTS 17, 18 AND 19 10-607 10-em_rwxr ro Coe.Me 1 0 .......................... THOMAS S. ROWE BLOCK 49 MARK W. WHITELEY P i AVERILL ADDITION AND ASSOCIATES 5728 INCOR ORATED y'•.:o� �p�:'p VOL. 1 PG. 131 & 132 CONSULTRlG wGnom. 7i ...ES 5...:•�� MAP RECORDS SURVMRS, An nUMRS BEAUMONT, JEFFERSON ftbwft COUNTY, TEXAS �. , � -� , THOMAS S. ROWE — REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 wa-ea-oE VAq iq_l DD 2 0110@3692 6 PGS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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 § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § SPECIAL WARRANTY DEED That, CITY OF BEAUMONT, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, for and in consideration of the sum of FIVE THOUSAND ONE HUNDRED TWELVE AND N01100 ($5,112.00) DOLLARS and other good and valuable consideration, to it in hand paid by ALTUS BEAUMONT REALTY, L.P., a Texas limited partnership, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto said ALTUS BEAUMONT REALTY, L.P., 390 North 11'h Street, Beaumont, Texas 77702, and to its successors and assigns forever the property described in Exhibit " A" attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto itself, its successors and assigns, forever, all of the oil, gas, and sulfhur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling the same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty interests, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in any wise belonging unto the said GRANTEE, and GRANTEE' S successors and assigns, forever; and said GRANTOR binds itself, and its successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE, and GRANTEE' S successors and 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 GRANTOR but not otherwise. EXECUTED this the Z7 —day of 2011. CITY OF BEAUMONT By L Printed Name Kyle Ha es Title Ci1y Manager_ THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Kyle Hayes, City Manager, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF BEAUMONT and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 6?q day of 2011. Notary Public, S to of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy 4A CARLAGIG P.O. Box 3827 LIOM B e MY COMMIS£�ON EkPIRES Beaumont, Texas 77704 ti October 27,201 A 2 EXHIBIT "A" Legal Description: 0.0307 Acre Tract or Parcel of Land Out of and Part of Lots 16 and 17, Block 49 Averill Addition Volume 1, Pages 131 and 132, Map Records Beaumont, Jefferson County, Texas BEING a 0.0307 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of Lots 16 and 17, Block 49 of Averill Addition, a subdivision of the City of Beaumont, Jefferson County, Texas according to the plat thereof recorded in Volume 1, Pages 131 and 132, Map Records, Jefferson County, Texas and being out of and part of that certain called 0.134 acre tract of land as described in a deed from Carroll W. Conn, Jr. to The City of Beaumont as recorded in Volume 1515, Page 124, Deed Records, Jefferson County, Texas, said 0.0307 acre tract being more particularly described as follows: NOTE: All bearings are based on the assumed bearing of NORTH 00°00'00" EAST for the East right-of-way line of Eleventh Street, the same being the West line of the said Block 49. COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of that certain called 0.5804 acre tract of land as described in a "General Warranty Deed" from Set Asset Properties, L.L.C. to Altus Beaumont Realty, L.P. as recorded in Clerk's File No. 2010027716, Official Public Records of Real Property, Jefferson County, Texas and said corner also being the Northwest corner of the said Lot 16 and the Southwest corner of Lot 15 of the said Block 49 and being in the East right-of-way line of Eleventh Street(based on a width of 80 feet); THENCE SOUTH 00 000'00" WEST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 76.23 feet to a scribed "X" in concrete found for the POINT OF BEGINNING of the tract herein described, said corner being the Southwest corner of the said 0.5804 acre Altus Beaumont Realty tract and also being the most Northerly corner of the said 0.134 acre City of Beaumont tract, and also said corner being the beginning of a curve turning to the right having a radius of 227.12 feet and being subtended by a chord bearing SOUTH 67°54'11" EAST having a chord length of 95.40 feet; THENCE SOUTHEASTERLY, along and with said curve to the right and the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for an arc length of 96.12 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley& Associates" found for corner; THENCE SOUTH 40 000'46" EAST, along and with the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for a distance of 18.05 feet to a point for corner in the proposed North right-of-way line of Liberty Avenue; EXHIBIT"A" Page I of 2 MARK W.WHITELEYAND ASSOCIATES,INC. THENCE NORTH 68 020'57" WEST, along and with the proposed Northerly right-of-way line of Liberty Avenue, for a distance of 24.65 feet to a 5/8" iron rod set for corner, said corner being the beginning of a curve turning to the left having a radius of 822.15 feet and being subtended by a chord bearing NORTH 71°11'17" WEST having a chord length of 81.44 feet; THENCE NORTHWESTERLY, along and with said curve to the left and the proposed Northerly right-of-way line of Liberty Avenue, for an arc length of 81.47 feet to a scribed "X" in concrete set for corner, said corner being in the East right-of-way line of Eleventh Street and said corner also being in the West line of the said Lot 16; THENCE NORTH 00 000'00" EAST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 14.35 feet to the POINT OF BEGINNING and containing 0.0307 Acres, more or less. Surveyed on October 26, 2010. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). .� ,....F.rF P.••'�S T F '•.�" ��.e o & 9FO.'T'N ...N...................... THOMAS S.ROWE ..... . ....:......... Thomas S. Rowe, RPLS No. 5728 �'90 572$ ��,••.j,Ess\°.••-� O• �� W:W:\2010\10-607\10-607 TRACT TO ALTUSm&b.doc SU EXHIBIT"A" Page 2 of 2 MARK W. WHITELEYAND ASSOCIATES,INC. r FND 5/8" I. ROD BROADWAY STREET W\CAP STAMPED z (60' ROW) I "M.W. WHITELEY & TRUE VIEW REALTY ASSOCIATES" woW? ��t \5 CF. NO. 2006017915 vo O�u(n OPRJC O JwQ OW VW _ — — — _— _ c� °Ovu I Z L 16 z Q N O4 O O N t Q t a) c w 4 to LINE BEARING DISTANCE 0 N N O C L1 S40'00'46"E 18.05' L2 N68'20'57"W 24.65' z FND 5/8" I. ROD L3 NOO'00'00"E 14.36' w 3 W\CAP STAMPED "M.W. WHITELEY & m ASSOCIATES" I I U cn z W uj � z o z CALLED 0.5804 ACRES Lu 2 a' o ALTUS BEAUMONT REALTY, L.P. b CF. NO. 2010027716 Z 00 0 0 LLI— O ti ° OPRJC m vi > o U O 00 W z \0� \6 I c� �0� ,1 w vo \6 POBI° JI z FND SCRIBED "X" I o -j N (0 f-, IN CONCRETE < of rn EXISTING RIGHT OF WAY M��pOOooQ 0 cn N cq Lo c� dM�o a� QNN N X N N 00 SET SCRIBED "X Cl IN CONCRETE �O< ui o J 1 0.0307 ACRES Z) Z Q N I 0u- 00 O Cb PROPOSED RIGHT OF WAY cl) I FND 5/8 . ROD W\CAP STAMPED "M.W. WHITELEY & Q)� I ASSOCIATES" EXHIBIT„IT, REFER TO EXHIBIT "A" LIBERTY AVENUE SET SCRIBED "X" FOR LEGAL DESCRIPTION IN CONCRETE DACCEo0.1 34 ACRES �2 CITY OF BEAUMONT CALC. TO THE OWNERS OF THE PREMISES SURVEYED VOL. 1515, PG. 124 CORNER AS OF THE DATE OF THE SURVEY.• DRIJC 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. 0.0307 ACRE TRACT corer. ALTUS BEAUMONT REALTY, L.P. DATE SURVEYED OCTOBER 26, 2010 �............... � OR PARCEL OF LAND ore F. sew RAM sr�r No.:: P �s rER :..+ VM AW� 1"=20' 1 of 1 OUT OF AND PART OF ,,m NO. W\2010\10-607\ m. LOTS 16 AND 17 10-607 10-°07_TRACr ro Krus O THOMAS S. ROWE BLOCK 49 MARK W. WHITELEY AND ASSOCIATES 5728 Q r� AVERILL ADDITION INCORPORATED VOL. 1 PGS. 131 & 132 constnr¢eG sNCn�+s. S U R MAP RECORDS suffm A Rm PLimmm BEAUMONT, JEFFERSON �F-m °°'� e COUNTY, TEXAS � .°� °.� , THOMAS S. ROWE — REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 FM �=j