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HomeMy WebLinkAboutRES 12-259 RESOLUTION NO. 12-259 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Access Easement Agreement with HEB Grocery Company, LP and Baptist Hospital of Southeast Texas to allow access for emergency response vehicles on the Turn-Around area which is on certain portions of parcels owned by the HEB Grocery Company, LP and Baptist Hospitals of Southeast Texas at the terminus of Stagg Drive. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. ayor Be6Ky Ames - i 111`` �AW ACCESS EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Access Easement Agreement(this "Easement Agreement") is entered into effective as of the day of , 2012, by and between HEB Grocery Company, a Texas limited partnership ("HEB"), Baptist Hospitals of Southeast Texas, a Texas non-profit corporation(the"Hospital"), and the City of Beaumont(the"City"). WHEREAS, HEB is the Owner of that certain approximately 2.474 acre parcel of real property, located to the north of Stagg Drive, in the City of Beaumont, Jefferson County, Texas, as more particularly described on Exhibit A attached hereto and made a part hereof for all purposes (the 1-1EB Parcel"); WHEREAS, the Hospital is the Owner of that certain 14.6 acre parcel of real property, located to the north and south of Stagg Drive, in the City of Beaumont, Jefferson County,Texas, as more particularly described on Exhibit B attached hereto and made a part hereof for all purposes(the"Hospital Parcel"); WHEREAS, the City has requested and HEB and the Hospital have agreed to grant certain easements for access for emergency response vehicles on the Turn-Around Area (as defined below) on certain portions of the HEB Parcel and Hospital Parcel at the terminus of Stagg Drive,as more particularly set forth in this Easement Agreement; WHEREAS, HEB has agreed to construct such Turn-Around Area, at NEB's sole cost and expense, and the City and the Hospital have agreed to grant to HEB certain temporary construction easement on the right-of-way of Stagg Drive and certain portions of the Hospital Parcel, respectively,for purposes of completing such construction of the Turn-Around Area WHEREAS, for purposes hereof, (i) the term "Owner" shall mean the fee simple owner of all or any portion of the applicable Property, its successors and assigns, (ii) the term "Occupant" shall mean any individual, partnership, firm, association, corporation, trust, governmental agency, administrative tribunal or any other form of business or legal entity, from time to time, entitled to the use and occupancy of the applicable Property under any lease, sublease, license, concession or other similar agreement; (iii)the term"Permittee"shall mean all Owners, Occupants and the partners, officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees and licensees of Owners and Occupants; and (iv) the term "Property" shall mean the portions of the HEB Parcel, Hospital Parcel and right-of-way of Stagg Drive made subject hereto, as applicable; and 062007,00754#163056 EXHIBIT"A" NOW,THEREFORE,HEB,the Hospital and the City hereby agree as follows: 1. Easements. (a) Access Easements. HEB does hereby grant, sell and convey to the City a perpetual, non-exclusive access easement, for the sole purpose of ingress and egress by emergency response vehicles, such as fire trucks, ambulances and police cars (collectively, "Emergency Vehicles"), upon, over and across the portion of the HEB Parcel more particularly described on Exhibit C-1. attached hereto and made a part hereof for all purposes (collectively ound Area!), the sole purpose of the "Turn Ar ), P with the property described in Exhibit C-2, t Hospital permitting such Emergency Vehicles to turn around at the term inus of Stagg Drive. Th e does hereby grant, sell and convey to the City a perpetual,non-exclusive access easement, for the sole purpose of ingress and egress by Emergency Vehicles, upon, over and across the portion of the Hospital Parcel more particularly described on Exhibit C-2 attached hereto and made a part hereof for all purposes (collectively with the property described in Exhibit C-1, the "Turn- Around Area"}, for the sole purpose of permitting such Emergency Vehicles to turn around at the terminus of Stagg Drive. The easements set forth above shall be used in common with each Owner and Occupant of the HEB Parcel and the Hospital Parcel, respectively, and their respective Permittees. (b) Construction Easement. The Hospital does hereby grant, sell and convey to HEB a temporary, construction easement, for the purpose of constructing the Turn-Around Area,upon, over and across the portions of the Hospital Parcel as more particularly described on Exhibit C-3 attached hereto and made a part hereof for all purposes. The City does hereby grant, sell and convey to IIEB a temporary construction easement, for the purpose of constructing the Turn-Around Area, upon, over and across the portion of the right-of-way of Stag Drive as more particularly described on Exhibit C-4 attached hereto and made a part hereof for all purposes. The foregoing construction easements shall terminate upon the first to occur of(i)the completion of the construction of the Turn-Around Area or (ii) four (4) years following the date of this Easement Agreement. During the construction of the Turn-Around Area, 14EB shall not totally block the entrance to and from the portion of the Hospital Parcel located south of Stagg Drive from Stagg Drive included in the Turn-Around Area and shall at all times keep at least one lane of traffic open. 2. Limited-Access Entry Gate. In addition, HEB hereby grants to the Hospital the right to construct and maintain, at the Hospital's sole cost and expense,a limited-access entry gate and associated "knox box" at the location depicted on Exhibit C-5 attached hereto and part hereof for all purposes, for the sole purpose of allowing access for Emergency Vehicles from the Hospital Parcel via the limited-access entry gate in a southerly direction across the HEB Parcel to the curb cut onto College Street to the south of the HEB Parcel, in the location depicted on Exhibit C-5 as "College Street Curb.Cut". The foregoing shall not be deemed to grant to the Hospital or any third party the right to enter any other portions of the HEB Parcel or park upon any portion of the HEB Parcel. The limited-access entry gate shall be kept locked at all times when the gate is not in use by Emergency Vehicles for the purposes set forth in this Section 2. The limited-access entry gate and associated "knox box" shall be maintained in a first-class 2 062007.00754 163056 it condition and repair consistent with the improvements on the remainder of the HEB Parcel, at the sole cost and expense of the Hospital. 3. Permitted Exceptions. The access easements and construction easements as described herein are reserved, established and created subject to any and all other restrictions, easements, utility lines, or other matters or easements affecting the Property of record in Jefferson County, Texas,as of the date hereof. 4. Retention of Fee Ownership. The Owner of each respective portion of the Property retains, reserves and shall continue to enjoy fee ownership, and the dominant right to use the surface and the subsurface of its respective portion of the Property, for any and all purposes which do not unreasonably interfere with the easements expressly granted by this instrument. 5. Maintenance and Repair. The Owner of each respective portion the Property shall,at its sole cost and expense, maintain and repair its respective portion of the Property,including the portion of the Turn-Around Area thereon. 6. Default and Remedies. If any party defaults in the performance of its obligations hereunder and the default is not cured within thirty(30)days following delivery of written notice to such defaulting party then the non-defaulting party shall have the right to (i) to perform such obligation on behalf of the defaulting party, in which event such defaulting party shall reimburse such non-defaulting party for all amounts expended by the non-defaulting party on behalf of the defaulting party; and/or (ii) exercise any other rights or remedies available to the non-defaulting party either at law or in equity. In the event of any violation or threatened violation by any person of any of the easements set forth herein, any Owner shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies available at law or in equity. All remedies are cumulative and shall be deemed additional to any and all other remedies to which any Owner may be entitled in law or in equity. Each Owner shall also have the right to restrain by injunction any violation or threatened violation by any other Owner of any of the terms, covenants, or conditions of this Easement Agreement, or to obtain a decree to compel performance of any such terms, covenants, or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition(except those, if any,requiring the payment of a liquidated sum)is not adequate. 7. Binding Effect. The provisions of this Easement Agreement shall be binding upon and inure to the benefit of the Owners of respective portions of the Property and their respective Occupants and Permittees. This Easement Agreement shall be appurtenant to the Property and shall run with the land. This Easement Agreement shall be construed in accordance with the laws of the State of Texas and all obligations hereunder are performable in Jefferson County, Texas. 8. Amendment. This Easement Agreement may be canceled, changed, modified or amended in whole or in part only by the written and recorded agreement of(i) the Owner of the HEB Parcel, its successor or assigns, (ii) the Owner of the Hospital Parcel, its successors or assigns; and(iii)the City. 3 062007.00754 163056 9, No Dedicatian/NeQation of Partnership, Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Properly to the general public or for the general public or for any public purpose whatsoever, it being the intention that this Easement Agreement shall be strictly limited to and for the purposes herein expressed. This Easement Agreement is not intended to create, not shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not specifically benefited by the terms and provisions hereof, nor are any rights granted to a party hereunder assignable to any third party. None of terms, conditions or provisions of this Easement Agreement shall be deemed to create a partnership between or among the Owners in their respective businesses or otherwise,nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Owner shall be considered a separate owner, and no Owner shall have the right to act as an agent for another Owner, unless expressly authorized to do so herein or by separate written instrument signed by the Owner to be charged. 10. _Miscellaneous. Time is of the essence of this Easement Agreement. If any term, covenant or condition of this Easement Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement Agreement or the application of such term, covenant or condition to persons or circumstances, other than those as to which it is invalid or unenforceable,shall not be affected thereby, and each term, covenant or condition of this Easement Agreement shall be valid and shall be enforced to the extent permitted by law. This Easement Agreement shall be governed by the laws of the State of Texas and venue for any action hereunder shall be in Jefferson County, Texas. The captions and headings in this Easement Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants or conditions contained herein. In construing the provisions of this Easement Agreement and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. Each Owner shall have the right to take such steps as it deems necessary to prevent those persons not authorized by this Easement Agreement to use the Access Easement Area situated on such Owner's property from using the Access Easement Area; provided that such steps shall not materially interfere with the easement rights granted to each Owner herein. [Signatures Appear on Following Page] 4 062007.00754 163056 EXECUTED effective the date first wr itten above. The City of Beaumont By: Name: Title: THE STATE OF TEXAS § COUNTY OF JEFFERSON § The foregoing instrument was acknowledged before me this day of 2012, by as of the City of Beaumont, a on behalf of said Notary Public in and for The State of Texas 5 062007.00754 163056 III HEB Grocery Company, LP, a Texas limited partnership By: Name: Todd A. Piland Title: Executive Vice President THE STATE OF TEXAS § COUNTY OF BEXAR § The foregoing instrument was acknowledged before me this day of 2012, by Todd A. Piland, as Executive Vice President of HEB Grocery Company, LP, a.Texas limited partnership, on behalf of said limited partnership. Notaiy Public in and for The State of Texas 6 062007.00754 163056 Baptist Hospitals of Southeast Texas, a Texas non-profit corporation By: Name: Title: THE STATE OF TEXAS § COUNTY OF JEFFERSON § The foregoing instrument was acknowledged before me this day of , 2012, by as of Baptist Hospitals of Southeast Texas, a Texas non-profit corporation, on behalf of said non-profit corporation. Notary Public in and for The State of Texas 7 062007.00754 163056 I CONSENT OF LIENHOLDERS The Lienholders below, the owners and holders of a lien or liens upon the Hospital Parcel, consent and subordinate its lien(s)to this Easement Agreement. LIENI-iOLDERS: PRUDENTIAL HUNTOON PAIGE ASSOCIATES,LLC By: Name: Title: STATE OF § COUNTY OF § This instrument was acknowledged before me, the undersigned authority on this day of , 2012, by of Prudential Huntoon Paige Associates, LLC, a , a Delaware limited liability company,on behalf of said limited liability company. Notary Public,State of CENTURY HEALTH CAPITAL,INC. i By: ` Name: Title: STATE OF § § COUNTY OF § This instrument was acknowledged before me, the undersigned authority on this day of 2012, by — of Century Health Capital, Inc., a New York corporation, on behalf of said corporation. Notary Public, State of 8 062007.00754 163056 EXHIBIT A HEB PARCEL FIELD NOTE DESCRIPTION FOR A 2.4740 ACRE TRACT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS JULY 22,2010 REVISED: JANUARY 3,2011 That certain 2.4740 acre tract out of the David Brown Survey,Abstract 5,Jefferson County,Texas, and being out of a called 10.2334 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York,William J.Barber,Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson County, Texas, said 2,4740 acres being more particularly described by metes and bounds as follows: Note: Bearings are based on a north line of the said 10.2334 acre tract having been called East 449.83 feet. BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive for the southeast corner of a called 0,477 acre tract conveyed to Carey R. Fracht and wife,Patricia L.Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County,Texas and the southwest corner of the said 10.2334 and 2.4740 acre tracts; THENCE North 00023'l 9"West along the east line of the said 0.477 acre tract and a west line of the said 10.2334 and 2.4740 acre tracts a distance of 148.31 feet(called North 009 7'00"West 148.50 feet)to a fence post found for coiner in the south line of a called 2.3132 acre tract(Tract 1) conveyed to George A. Dishman,Jr. and C. W.Conn,Jr, as recorded in Volume 2003, Page 171 of the Deed Records of Jefferson County, Texas for the northeast corner of the said 0.477 acre tract and an exterior corner of the said 10.2334 and 2,4740 acre tracts; THENCE North 8926'14"East along the said south line of the 2.3132 acre tract and an interior line of the said 10.2334 and 2.4740 acre tracts a distance of 61.02 feet(called South 89 058'00"East 60.00 feet)to a fence post found for the southeast corner of the said 2.3132 acre tract and an interior corner of the said 10.2334 and 2.4740 acre tracts; THENCE North 00 012'49"East along the east line of the said 2.3132 acre tract and an interior line of the said 10.2334 and 2.4740 acre tracts a distance of 289.92 feet(called North 00°17'00"East 290.40 feet)to a 5/8"iron rod found for the southwest confer of a called 1.771 acre tract conveyed to C. W. Conn, Jr. and George A. Dishman, Jr. d/b/a C&D Realty as recorded in Volume 2125,Page 157 of the Deed Records of Jefferson County,Texas and the northwest corner of the said 10.2334 and 2.4740 acre tracts; 9 062007.00754163056 THENCE East along the south line of the said 1.771 acre tract and the north line of the said 10.2334 and 2.4740 acre tracts a distance of 224.38 feet(called East)to a'/s"capped iron rod set for the northeast corner of the said 2.4740 acre tract from which a 5/8"iron rod found for an interior corner of the said 10.2334 acre tract bears East 225.05 feet(called East); THENCE South 00°01'25"West along the east line of the said 2.4740 acre tract a distance of 439.06 feet to a'/z"capped iron rod set in the said north right-of-way Iine of Stagg Drive and the south line of the said 10.2334 acre tract for the southeast corner of the said 2.4740 acre tract; THENCE North 89°57'06" West along the said north right-of-way line of Stagg Drive and the south line of the said 10.2334 and 2.4740 acre tracts a distance of 285.29 feet(called North 89°58'00" West)to the POINT OF BEGINNING and containing 2.4740 acres of land,more or less. 10 062007.00754 163056 EXITTBTT B BAPTIST PARCEL TRACT 1: Legal Description: 13.4617 Acre Tract or Parcel of Land David Brown Survey,Abstract No.5 Jefferson County,Texas BEING a 13.4617 acre tract or parcel of land situated in the David Brown Survey, Abstract No. 5, Jefferson County, Texas,said tract also being out of and part of that certain called 10 acre tract of land as conveyed by United Charities of Beaumont,Texas to Baptist Hospital of Southeast Texas as recorded in Volume 598, Page 53, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 9.885 acre tract of land as conveyed by United Charities of Beaumont to Baptist Hospital of Southeast Texas as recorded in Volume 871,Page 117,Deed Records,Jefferson County,Texas,and being out of and part of that same tract of land described as 18.6207 acre tract(described in EXHIBIT "A-l") save and except that certain called 0.7049 acre tract (described in EXHIBIT "A") as described in a "Special Warranty Deed" as conveyed by The Baptist Hospital of Southeast Texas to Baptist Healthcare System, L. L. C. as recorded in Clerk's File No. 97-9728176, Official Public Records of Real Property, Jefferson County,Texas,and also being out of and part of that certain called 16.9617 acre tract, identified as Tract One, Parcel One, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to William J. Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real Property, Jefferson County, Texas, said 13.4617 acre tract of land being more particularly described as follows: NOTE: All bearings are based on the North right-of.-way line of College Street as SOUTH 89 058'00" WEST as called in the above referenced deed recorded in Volume 598, Page 53, Deed Records, Jefferson County,Texas. BEGINNING at a %" iron pipe found for the Northwest corner of the tract herein described, said corner being the intersection of the East right-of-way line of Eleventh Street(right-of-way width varies)and the South right-of-way line of Stagg Drive(formerly known as Forsythe Street)(based on a width of 60 feet); THENCE SOUTH 89 059'39" EAST, along and with the South right-of--way line of Stagg Drive, for a distance of 889.99 feet to a 5/8" iron rod found for corner, said corner also being the Northwest corner of that certain called 0.828 acre tract of land as conveyed by Dale C. Hager and wife, Ellen Hume Hager to Mahesh Kanojia and wife, Uma M. Kanojia as recorded in Film Code No. 101-37-1907, Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 00 015148"WEST,along and with the West line of the said 0.828 acre Kanojia tract,for a distance of 176.02 feet to a 5/8" iron rod found for comer, said corner being the Southwest comer of the said 0.828 acre Kanojia tract; THENCE SOUTH 89 056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract, for a distance of 0.08 feet to a 5/8" iron rod found for corner, said comer being the Northwest comer of that certain called 0.7049 acre tract of land described in EXHIBIT "A" as conveyed by The Baptist Hospital of Southeast Texas to Baptist healthcare System, L.L.C. as recorded in Clerk's file No. 97- 9728176,Official Public Records of Real Property,Jefferson County,Texas; 11 062007.00754 163036 THENCE SOUTH 00 008'00" WEST, along and with the West line of the said 0.7049 acre Baptist Healthcare System,L.L.C. tract, for a distance of 97.48 feet to a %2'iron rod found for corner, said corner being an exterior ell corner in the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract; THENCE SOUTH 89 052'00" EAST,along and with the most Northerly South line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract,for a distance of 13.50 feet to a''/2"iron rod found for corner,said corner being an interior ell corner in the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C.tract; THENCE SOUTH 00 008'00" WEST, along and with the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C.tract, for a distance of 55.82 feet to a scribed "X" in a concrete drive found for corner, said comer being the Southwest corner of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract; THENCE SOUTH 89 052'00" EAST,along and with the South line of the said 0.7049 acre Baptist Healthcare System,L.L.C.tract,for a distance of 1 91.62 feet to a 60d nail found for corner,said corner being the Southeast corner of the said 0.7049 acre Baptist Healthcare System,L.L.C.tract; THENCE NORTH 00 004'38" EAST, along and with the East line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract, for a distance of 153.55 feet to a 5/8" iron rod found for corner, said corner being the Northeast comer of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract and the Southeast corner of the said 0.828 acre Kanojia tract; THENCE NORTH 00°15'48"EAST,along and with the East line of the said 0.828 acre Kanojia tract,for a distance of 176.02 feet to a 5/8" iron rod found for corner,said corner being the Northeast corner of the said 0.828 acre Kanojia tract and in the South right-of-way line of Stagg Drive; THENCE SOUTH 89 053'57" EAST, along and with the South right-of-way line of Stagg Drive, for a distance of 69.19 feet to a 5/8" iron rod found for corner, said corner being the Northwest corner of a proposed 3.5000 acre tract; THENCE SOUTH 00 006'03" WEST, for the boundary between the tract herein described and the said 3.5000 acre tract and perpendicular to the South right-of-way line of Stagg Drive, for a distance of 582.04 feet to a 5/8" iron rod found for corner, said corner being the North right-of-way line of College Street (also being U.S. Highway 90)(right-of-way width varies); THENCE NORTH 89 053'46" WEST, continuing along and with the North right-of-way line of College Street,for a distance of 69.20 feet to a scribed"X"in a concrete drain under a sidewalk found for corner; THENCE SOUTH 89 056'55" WEST, continuing along and with the North right-of-way line of College Street, for a distance of 337.56 feet to a%"iron rod found for corner; THENCE SOUTH 89 058'00" WEST, continuing along and with the North right-of-way line of College Street, for a distance of 439.02 feet to a%"iron rod found for corner,said corner also being the beginning of a curve concave to the north having a radius of 299.50 feet and a central angle of 40°46'44" and being subtended by a chord which bears NORTH 69°19'04"WEST 208.69 feet; THENCE WESTERLY and NORTHWESTERLY, along said curve and continuing along and with the North right-of-way line of College Street,for a distance of 213.16 feet to a%"iron rod found for corner; 12 062007.00754 163056 THENCE NORTH 34 014'54" WEST, along and with the Northeasterly right-of-way line of College Street, for a distance of 191.87 feet to a%"iron rod found for corner; THENCE NORTH 87°47'07" WEST, continuing along and with the North right-of-way line of College Street, for a distance of 11.80 feet to a Y4"iron rod found for corner,said corner being in the East right-of- way line of Eleventh Street; THENCE NORTH 00 023'47" WEST, along and with the East right-of-way line of Eleventh Street, for a distance of 350.15 feet to the POINT OF BEGINNING and containing 13.4617 ACRES. SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND: That certain 7.300 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being slut of a called 16.9617 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas, said 7.300 acres being more particularly described by metes and bounds as follows: Note; Bearings are based on a south line of the said 16.9617 acre tract having been called South 89°58'00" West. BEGINNING at a capped iron rod found at the intersection of the east right-of-way line of 11's Street and the south right-of-way line of Stagg Drive for the northwest corder of the said 16.9617 and 7.300 acre tracts; THENCE South 89 158'49"East along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 and 7.300 acre tracts a distance of 546.61 feet (called South 89°59'39" East) to a %s°' capped iron rod set for the northeast confer of the said 7.300 acre tract from which a"X"found in concrete for reference bears South 89°58'49"East 41.54 feet(called South 89°59'39"East); THENCE South 00°23'52"West along an east line of the said 7.300 acre tract a distance of 328.08 feet to a 1/2"capped iron rod set for an interior corner of the said 7.300 acre tract; THENCE South 89°51'36"East along an interior line of the said 7.300 acre tract a distance of 70.04 feet to a'/z"capped iron rod set for an exterior comer of the said 7.300 acre tract; THENCE South 000 15'47"East along an east line of the said 7.300 acre tract a distance of 139.59 feet to a %Z"capped iron rod set for an interior corner of the said 7.300 acre tract; THENCE North 8944'13"East along an interior line of the said 7.300 acre tract a distance of 56.40 feet to a ''/z"capped iron rod set for an exterior corner of the said 7.300 acre tract; THENCE South 00°16'08"East along an east line of the said 7.300 acre tract a distance of 115.12 feet to a '/z" capped iron rod set in the north right-of-way line of College Street and the south line of the said 16.9617 acre tract for the southeast corner of the said 7.300 acre tract; THENCE South 89 158'00"West along the said north right-of-way line of College Street and the south line of the said 16.9617 and 7.300 acre tracts, passing at a distance of 83.04 feet a"X" found in concrete for 13 062007,00754163056 reference, and continuing a total distance of 356.20 feet(called South 89 058'00"West)to a 5/8" iron rod found for the PC of a curve; THENCE continuing along the said north right-of-way line of College Street and the said south line of the 16.9617 and 7.300 acre tracts with a curve to the right having a chord hearing of North 69'19'55" West, a chord distance of 208.46 feet and a radius of 299.50 feet, a distance along the curve of 212.92 feet to a 5/8"iron rod found for the PT of the curve; T14ENCE North 34°16'34" West along the northeasterly right-of-way line of College Street and the southwesterly line of the said 16.9617 and 7.300 acre tracts a distance of 192.03 feet (called North 34°14'54"West 191.87 feet)to a capped iron rod found for an angle point; THENCE North 87°38'24" West along a north right-of-way line of said College Street and a south line of the said 16.9617 and 7.300 acre tracts a distance of 11.64 feet(called North 87°47'07"West 11.80 feet)to a '/4" iron rod found in the said east right-of-way line of I Vh Street for the southwest corner of the said 16.9617 and 7.300 acre tracts; THENCE North 00°09'10"West along the said east right-of-way line of i la Street and the west line of the said 16.9617 and 7.300 acre tracts a distance of 350.35 feet(called North 00°23'47" West 350.15 feet)to the POINT OT BEGMING and containing 7.300 acres of land,more or less. 14 062007.00754 163056 TRACT 2: Legal Description: 0.7049 Acre Tract or Parcel of Land David Brown Survey,Abstract No. 5 Jefferson County,Texas BEING a 0.7049 acre tract or parcel of land situated in the David Brown Survey,Abstract No. 5,Jefferson County, Texas and being out of and part of that certain called 9.885 acre tract of land as conveyed by United Charities of Beaumont to Baptist Hospital of Southeast Texas as recorded in Volume 871, Page 117, Deed Records, Jefferson County, Texas, and also being all of that certain called 0.7049 acre tract of land described in EXHI131'T "A" as conveyed by The Baptist Hospital of Southeast Texas to Baptist Healthcare System, L.L.C, as recorded in Clerk's File No. 97-9728176, Official Public Records of Real Properly, Jefferson County, Texas, and also being all of that certain called 0.7049 acre tract, identified as Tract One, Parcel Two, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to William J. Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real Property,Jefferson County,Texas,said 0.7049 acre tract being more particularly described as follows: NOTE: All bearings are based on the North right-of-way line of College Street as SOUTH 89°58'00" WEST as recorded in Volume 598,Page 53,Deed Records,Jefferson County,Texas. COMMENCING at a '/z" iron pipe found for the intersection of the East right-of-way line of Eleventh Street (right-of-way width varies) and the South right-of-way Iine of Stagg Drive (formerly known as Forsythe Street)(based on a width of 60 feet), said corner also being the Northwest corner of that certain called 18.6207 acre tract of land described in EXHIBIT"A-1"as recorded in Clerk's File No.97-9728176, Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 89 059'39" EAST, along and with the South right-of-way line of Stagg Drive and the North line of the said 18.6207 acre tract, for a distance of 889.99 feet to a 5/8" iron rod found for corner, said corner also being the Northwest corner of that certain called 0.828 acre tract of land as conveyed by Dale C. Hager and wife, Ellen Hume Hager to Mahesh Kanojia and wife, Uma M. Kanojia as recorded in Film Code No. 101-37-1907,Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 00"15148" WEST,along and with the West line of the said 0.828 acre Kanojia tract and an interior line of the said 18.6207 acre tract, for a distance of 176.02 feet to a 5/8" iron rod found for corner, said corner being the Southwest corner of the said 0.828 acre Kanojia tract and an interior ell corner of the said 18.6207 acre tract; THENCE SOUTH 89 056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract and the most Southerly North line of the said 18.6207 acre tract, for a distance of 0.08 feet to a 5/8" iron rod found for corner and the POINT OF BEGINNING of the tract herein described, said corner being the Northwest corner of the said 0.7049 acre Baptist Healthcare System,L.L.0 tract; THENCE SOUTH 89 056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract and the most Southerly North line of the said 18.6207 acre tract, for a distance of 204.97 feet to a 5/8"iron rod found for corner, said corner being the Southeast corner of the said 0.828 acre Kanojia tract and an interior ell corner of the said 18.6207 acre tract; THENCE SOUTH 00°04'38" WEST,over and across the said 18.6207 acre tract, for a distance of 153.55 feet to a 60d nail found for corner; 15 062007.00754 163056 THENCE NORTH 89 052'00" WEST,over and across the said 18.6207 acre tract, for a distance of 191.62 feet to a scribed"X"in a concrete drive found for coiner; THENCE NORTH 00 008'00" LAST, over and across the said 18.6207 acre tract, for a distance of 55.82 feet to a ''/z"iron rod found for corner; THENCE NORTH 89 052'00" WEST, over and across the said 18.6207 acre tract, for a distance of 13.50 feet to a ''/x"iron rod found for corner; THENCE NORTH 00 008'00"EAST,over and across the said 18.6207 acre tract,for a distance of 97.48 feet to the POINT OF BEGINNING and containing 0.7049 ACRES,more or less. 16 062007.00754 163056 TRACT 3: FIELD NOTE DESCRIPTION FORA 7.757 ACRE TRACT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS OCTOBER 17,2012 That certain 7.757 acre tract out of the David Brown Survey,Abstract 5,Jetl'erson County,Texas,and being out of a called 10.2334 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York,William J. Barber,Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County,Texas,said 7.757 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in said Clerks File No. 2001029306 having been called South 89 058'00"West.The Bearings have been rotated from the Land Title Survey to match the Minor Flat of Lot 1,College Street Complex. BEGINNING at a concrete monument found in the north right-of way line of Stagg Drive for the southwest corner of a tract conveyed to Rips/Sandman Families Support Trust as recorded in Clerks File No.9701550 of the Official Public Records of Jefferson County,Texas and the southeast corner of the said 10.2334 and 7.757 acre tracts; THENCE North 89 056'45"West along the said north right-of-way line of Stagg Drive and the south line of the said 10.2334 and 7.757 acre tracts a distance of 615.75 feet(called North 89°57'03"West)to a capped iron rod found in concrete for the southwest corner of the said 7.757 acre tract from which a PK nail found in concrete for the southwest corner of the said 10.2334 acre tract bears North 89°59'48"West 285.62 feet(called North 89 157'03"West); THENCE North 00°01'18"West along a west line of the said 7.757 acre tract a distance of 439.06 feet to a capped iron rod found in the south line of a called 1.771 acre tract conveyed to C.W. Conn,Jr.and George A.Dishman,Jr.d/b/a C&D Realty as recorded in Volume 2125,Page 157 of the Deed Records of Jefferson County,Texas and a north line of the said 10.2334 acre tract for the most westerly northwest corner of the said 7.757 acre tract from which a 5/8"iron rod found for an exterior corner of the said 10.2334 acre tract bears South 89 157'18"West 224.38 feet(called West); 'THENCE North 89 057'38"East along the said south line of the 1.771 acre tract and a tract conveyed to Raghurami B. Reddy as recorded in Clerks File No.2001042549 of the Official Public Records of Jefferson County, Texas being a north line of the said 10.2334 and 7.757 acre tracts a distance of 224.88 feet(called East)to a 1/2"iron rod found for the southeast corner of the said Reddy tract and an interior corner of the said 10.2334 and 7.757 acre tracts; THENCE North 009314"14"East along the east line of the said Reddy tract and a west line of the said 10.2334 and 7.757 acre tracts a distance of 171.31 feet(called North 00°13128"East 171.29 feet)to a PK Nail found in the south right-of-way line of Fannin Street for the northeast corner of the said Reddy tract and the most northerly northwest corner of the said 10.2334 and 7.757 acre tracts; THENCE South 89°58'45"East along the said south right-of-way line of Fannin Street and a north line of the said 10.2334 and 7.757 acre tracts a distance of 391.44 feet(called South 89°58'00"East 391.40 feet) to a concrete monument found for the northwest corner of a called 1.374 acre tract conveyed to Fannin 17 062007.00754 163056 Plaza LLC as recorded in Clcrks File No.2003020494 of the Official Public Records of Jeffvrsen County, Texas and the northeast corner of the said 10.2334 and 7.757 acre tracts; THENCE South 00°05'56"West along the east line of the said 10.2334 and 7.757 acre tracts a distance of 610.97 feet(called South 00°06'45"West 610.88 feet)to the POINT OF BEGINNING and containing 7.757 acres of land,more or less. This Field Note Description is based on a land title survey performed by Fittz&Shipman,Inc.on October 16& 17,2012. Walter J.Ksiazek Registered Professional Land Surveyor No. 5321 18 062007.00954 163056 I EXHIBIT C-1 HEB EASEMENT AREA (See attached) 062007.00754 163056 Feltz&Shipman -------- INC. ConsultingF.ngincers and Land Surveytas Ronald 0.File,P.F..,R.P.C.S.(1948.1987) Donald R.xfny P.E. Terry C Shipman,P.E.,Chairman Walter J.Uazek,R.P.1.5. 6111y J.Smith,Jr.,President EXRIBIT CI,PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.0148 ACRE TRACT FOR AN ACCESS EASEMENT AGREEMENT OUT OF TI•IE DAVP BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS SEPTEMBER 29,2012 That certain 0.0148 acre tract for an access easement agreement out of the David Brown Survey.Abstract 5,Jefferson County,Texas,and being out of a called 10.2334 acre tract conveyed in,a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barger,Trustee as recorded in Clerics Fite No.2001029306 of the Official Public Records of Jefferson County,Texas,said 0.0148 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed unsaid Clerks File No,2001029306 having been called South 89°58'00"West. COMMENCING at a capped Iron rod found in the north line of the said 16.9617 acre tract and i the south right-of-way line of Stagg Drive for the southeast comer of a called 0.3530 acre tract i described in Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded in Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas; i THENCE North 00°23'31"East along the east line of the said 0.3530 acre tract a distance of 59,89 feet(called North 00°22'41"Fast 59,89)to a'X"set in concrete in the south line of the said 10.2334 acre tract and the north right-of-way line of Stagg Drive for the northeast comer of the said 0.3530 acre tract,the southwest comer of the said 0.0148 acre tract and the POINT OF BEGINNING; THENCE North 00°2331"East along the west line of the said 0.0148 acre tract.a distance of i 29.99 feet to a point for the northwest comer of the said 0.0148 acre tract; THENCE South 89°59'49'East along the north line of the said 0.0148 acre tract a distance of 20.00 feet to a point for the'northeast Corner of the said 0.0148 acre tract; F7ttz g Shipman,Inc. Page 1 of 2 Project No.10050.0001T9AccessesmtHEB Plat 8 Description 1405 Comerstone Court•Beaumon4 Texas 77706•(409)832-7238•fax(409)832-7303 Tx Baud of Prof Engineers Firm No.1160•Tx Board of Prof Land Sur&ycxs Firm No.100186 EXHIBIT C1,PAGE 2 OF 3 THENCE South 00°00'22'West along the east line of the said 0.0148 acre tract a distance of 11.45 feet to a point for the PC of a curve; THENCE continuing along the said east line of the 0.0148 acre tract with a curve to the left having a chord bearing of South 20'43'40'East,a chord distance of 19.83 feet and a radius of 28.00 feet,a distance along the curve of 20.26 feet to a point in the said south line of the 10:2334 acre tract and the said north right-of-way line of Stagg Drive for the southeast comer of the said 0.0148 acre tract; THENCE North 89°5948"West along the saiil•south line of the 10.2334 and 0.0148 acre tracts and the said north right-cf-way fine of Stagg Drive a distance of 27.22 feet(called North 89°58'00"West)to the POINT OF BEGINNING and containing 0.0148 acres of land,more or less. This description Is based on a survey made by Filtz&Shipman,Inc.during September 2012. ' we s 1, TF� Walter J.Ksiazek Registered Professiona Land Sury yor No.5321 Nt4L1'1 j t9 STIR V4 Flax B Shipman,Inc. Page 2 of 2 Project No.10050.0001T9AccessesmtHEB Plat&Description i EXHIBIT Cl, PAGE 3 OF 3 s I DEED OF TRUST BETWEEN ' BAPTIST HOSPTAL OF SOUTHEAST TEXAS AND DEED OF TRUST BETWEEN THE BANK OF NEW YORK, BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND j WILLIAM J.BARBER,TRUSTEE THE BANK OF NEW YORK 1 CLEiIKS FILE N0,2IXN029308.0.P.R.dC, S B ra4s E ; WIUUAM J.BARBER.TRUSTEE } (PART OF A CALLED 10.2334 ACRES)A- 1 CLERKS FILE NO.2001029306,O.P.IL LC. A C CHORD C770R6 BEAf9NG (Rye OF A CALLED 10.2334 ACRES)47 OY E MINOR PLAT LOT T OF COL!EGE STREET COMPLEX(TO BE RECORDED) POINT OF 1 BEGINNING i SET'X'D! N 89'88'48'W i CONCRETE CALLED N 89"JB'DO' ' c I ABANDONMENT OF STREET ORDINANCE NO.12-064 ' CLER.CS ALE NO.2012029746.O.P.R.J.C. (CALLED 0.3530 ACRE) n C4 STAGG DRIVE COMMENCING z i FOUND POINT B a CAPPED FOUND ' IRCft ROD CAPPED . IRON ROD (CALF N 6939'38'W) (CALLED S B9'39'39'E) i tI N 69'58'49 j W 546.61 S 89'58'52'E 41.55 I f� FOUND'X'IN S(CALLED 38"E 3=13 39- CONCRETE I (CALLED S 89'58'39'Ea FtXUND 1 DEED OF TRUST BETWEEN IRON ROD f W C2 1 __.....»..i BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND DEED OF TRUST BETWEEN a THE BANK OF NEW YORK, BAPTIST HOSPITAL OF WILLIAM a BARBER.TRUSTEE a�T SOUTHEAST TEXAS AND CLERICS FILE NO.2001029306.0.PJt.J.C. THE BANK OF NEW YORK _ (REMAINDER OF A CALLED 16.9517 ACRES) g,.�o11� WILLIAM 1}q FQt yrt CLERLLIAM A BARBER.T KS FILE NO.2001029306,O.P.R.J.C. I SURVEYOR'S CERTIFlCATiON• r E+ (REMAO10E4 OF A CALLED 18.8817 ACRES I DO HEREBY CERTItY,TO THE BEST OF NY KNOWLEDGE AND BELIEF. `'t C'3 1S THAT THIS AN ACCURATE PLAT OF A SURVEY h DESCRIPTION MADE �•11vN'tiGU1 •"{; ON THE CROWD UNDER MY SUPERWStON DURING SEPTEMBER 2012. .O ""4•"' I 9 6329��e1 0,0 C l9yO 8URYEA I Ws REGISTERED SIAZEK PROFESSONAL SURVEYOR N 3327 ACCESS EASEMENT AGREEMENT �ETKO.Ci AL FittzNShlpman FIRM= NAW: HEB GROCERY COMPANY, LP 3 °" STAGG DRIVE PROJECT 140. NOTE: REFERENCE BEARING IS THE SOUTH LINE OF THE SAID 16.9517 ACRE 1405 CORNERSTONE COURT.BEAUMONT.TEXAS BEAUMONT. TEXAS TRACT HALING BEEN CALLED SOUTH BAUOO'VEST 350.35 FEET. 1 COSO.OD01 j O:\PRO.ECTS\IOM\,100511.0001\TOA 9-Hmrvn himd Ewf\10050T9ACPet-mt.dmq Oct 02,2012 08:+1mn (409)532-7233 FAX(409)a32-7303 DATE:9-29-12 TASK 9 III f 3 I EXHIBIT C-2 HOSPITAL EASEMENT AREA (See attached) 062007.00754 163056 Fitt-t&Shipman tNC.._.._ �.- ��� Consulling,F.nglneers and Land Sluvcyors Ronal D.Fittz,P.E.,R.PAS-(1948.1987) Donald R.King.P.E. Terry C.Shipman,P.E.,Chairman Waller).Kslazelc,R.P.4S, Billy I.Smith,Jr.,President EXHIBIT C2,PAGE 1 OF 3 FIELD NOTE DESCRIPTION ON A 0.0211 ACRE TRACT FOR AN ACCESS EASEMENT AGREEMENT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS SEPTEMBER 29,2012 That certain 0.0211 acre tract for an access easement agreement out of the David Brown Survey,Abstract 5,Jefferson County,Texas,and being out of a called 16.9617 acre tract conveyed in a Deed of-trust between Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barber,Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson County,Texas,said 0.0211 acres being more particularly described by metes and bounds as follows: NOTE: basis of Bearings is the south line of the said 16.9617 acre tract having been called South 89°58'00"West. BEGINNING at a capped iron rod found in the north line of the said 16.9617 acre tract and the south right-of-way line of Stagg Drive for the southeast corner of a called 0.3530 acre tract described In Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded in Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas; THENCE South 69°58'52"East along the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 and 0-0211 acre tracts a distance of 36.39 feet(called South 89°59'39"East)to a point for the northeast comer of the said 0.0211 acre tract and the PC of a curve from which a"X'found In concrete for an angle point of the said 16.9817 acre tract gars South 89°58'52"Eas#5.16 feet(called South 89°59'39"East); THENCE along the east line of the said 0.0211 acre tract with a curve to the left having a chord bearing of South 20°46'31"West,a chord distance of 19.66 feet and a radius of 28.00 feet,a distance along the curve of 20.30 feet to the PT of the said curve; THENCE South 00°00'22"West continuing along the east line of the said 0.0211 acre tract a distance of 11.26 feet to a paint for the southeast corner of the said 0.0211 acre tract; 'Ffttz g Shipman,Inc. Page 1 of 2 Project No.10050.00DMAccessesmtBapt Plat&Description 1405 Comerstone Court•Beaumont,Texas 77706•(409)832-7238-fax(409)832-7303 Tx Board of Prof Engineers Firm No.1160•Tx Board of Prof Land Surveyors Firm No.10D186 EXIiIBIT C2,PAGE 2 OF 3 THENCE North 89°53'48"West along the south line of the said 0.0211 acre tract a distance of 29.55 feet to a point for the southwest comer of the said 0.0211 acre tract; THENCE North 00°23'52"East along the west line of the said 0.0211 acre tract a distance of 29.79 feet to the POINT OF BEGINNING and containing 0.0211 acres of tend,more or less. This description is based on a survey made by Fittz&Shipman,Inc.during September 2012. Walter J.Kslazek 4�r OF�F Registered Professional Land S rveyor No.5321 *gxk C. 't`E9F s WALTER J.KSlk2Eit N..w. 63211.......�.«. .Q JJ BURYE�� Fitts 9 Shipman,Inc. Page 2 of 2 Project No.10050.0001T9AccessesmtBapt Plat&Description r I I EXHIBIT C2, PAGE 3 OF 3 DEED of TRUST BETWEEN i BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND DEED Of TRUST BETWEEN THE BANK OF NEW YORK. BAPTIST HOSPITAL OF SOMEAST TEXAS AND M WIUJAM J.BARBER TRUSTEE TILE BANK Of NEW YORK. IJL.i1�\1'.it) CLERKS FILE NO.2001028306.O.PJLJ.O. aU.IMA J.BARBER,TRUSTEE ! ! (PART OF A CALLED 19.2334 ACRES) REMAIN FILE F A 2001029102 34 O.PXIC ACRE CLEWS (REMAINDER OF A CALLED 10.2334 ACRES) MINOR PLAT ! LOT 1 OF S Cl SET 1/2 p0 ( :.=GE STREET COMPLEX ION OD IN i (TO 6E RECORDED) CONCRETE A L — SET`X`O 69'69'46-E 27.9 CONCRETE CALLED S 8938'OY E I 1 I AORDIN NCE N OF STREET '^$ ORDINANCE 2 12 97+1% t <S FILL (CALLED 0.3530 ACRE).P.R.J.C. ca STAGG DRIVE POINT OF z I Nu A awRD I eFO BEGINNING z Dt 41 2AO0 19.80 s W fPED OY ROD FOUND ' i (CALLED N 89'59'39'W) IRON ROD l (CARTED 5895939'E) 1 N 8938'49A W 546.67 $'E 41.55 t '1 FOUND'X'IN 1 5 8978'~8`E 390.13 ISI u CONCRETE (CALLED S 8835'39' fWW t/2' ao(� r --.- BAPTIST Ii0^aWTAL i SOU ANO IRON Roo DEED OF TRUST SETAEEH C2 f ———— THE BANK Of NEW YOLK. BAPTIST HDSPlTAI.aR z S Dnd'22'W 10111 J.BARBER.TRUSTEE SOUTHEAST TEXAS AND TL26 I CLERKS FILE NO.2001029306,D.P.R.J.C. Q'(E d�Thy { THE SANK OF NEW YORK. (REMAINDER OF A CALLED 56.9817 ACRES) g�r.+giar8q''4J, WILLIAM a BARBER.TRUSTEE */Q, CLERKS FILE NO.2001029306.O.P.R.J.C. 1Y E{ 1 SURVEYOR'S CERTIFICATION: . ,r.1 I (REMAINDER OF A CALLED 16.9617 ACRES) ' I M7Ve .-4 C3 1 1 00 HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BEUEF. �. er�Yr K THAT THIS IS AN ACCURATE PUT OF A SURVEY&DESCRIPTION MADE vy.« I 1 ON THE GROUND UNDER MY SUPERVISION DURM SEPTEMBER 2012- 5321 >rr MINOR PLAT Q� 0+.. I { LOT 1 OF 1 trN F88T �'Q I COLLEGE STREET COMPLEX I D YD suav7: i (TO BE RECORDED) —— ———— 1 WALTER A KSIAIEK REG SURVEYOR 5321 ISTERED PROFESSIONAL I ACCESS EASEMENT AGREEMENT SHEET i Flt�tz 3h mangy PROJECT N'A99 BAPTIST HOSPITAL OF SOUTHEAST TEXAS1 STAGG DRIVE PROJECT NO. NOTE: REFERENCE BEARING IS THE SOUTN LNE OF THE SAID MM7 ACRE 1405 CORNERSTONE DDORT,9EAUMONT.TEXAS BEAUMONT, TEXAS ' TRACT HAVING BEEN CALLED SOUTH 88'58'00'WEST 150.35 FEET. (400)832-7239 FAX(409)634--7303 10050.0007 0:.\PP.)JECTSV�O\t0O50.0001\Task 9-Hw mofhao4 Eamt\)OO5OT9Acc=s.amt,&g Oct 02,2012 OB:11am DAM .9--29-12 TASK 9 i i i EXHIBIT C-3 HEB TEMPORARY CONSTRUCTION EASEMENT (See attached) 062007.00754 163056 L ---- ConsuliingEngineers and Land Surveyors Ronald D.fittz,P.L.R.P.L.S.(1948.9707) Donald R;Ift PX Terry G.ShJJxnan,P.E.,Chairman Walter J.w1azek,9 PAS. Silly J.Smith,Jr..President EXHIBIT C3,PAGE I OF 3 FIELD NOTE DESCRIPTION OF A 0.0799 ACRE TRACT FOR A TEMPORARY CONSTRUCTION)I;ASEMENI' O UT OF TIIE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS SEPTEMBER 29,2012 That certain 0.0799 acre tract for a temporary construction easement out of the David Brown Survey,Abstract 5,Jefferson County,Texas,and being out of a called 16.9617 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barber,Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson County,Texas,said 0.0799 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south fine of the said 16.9617 acre tract having been calved South 89°58'00"West. COMMENCING at a capped iron rod found in the north line of the said 16.9617 acre tract and the south right-of-way line of Stagg Drive for the southeast come'of a called 0.3530 acre tract described in Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded In Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas; THENCE South 89°68'52"East along the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 acre tract a distance of 41,55 feet(called South 89'59'39"East)to a point for the most northerly northwest comer of the said 0.0799 acre tract and the POINT OF BEGINNING; THENCE South 89'58'52'East continuing along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 and 0.0799 acre tracts a distance of 5.16 feet(cafled South 89'59'39'.East)to a"X'found in concrete for an angle point; THENCE South 89'58'38"East continuing along the said south fight-of-way line of Stagg Drive and the north line of the said 16.9617 and 0.0799 acre tracts a distance of 51.30 feet(called South 89'59'39'East)to a point for the northeast comer of the said 0.0799 acre tract from Fitu&Shipman,Inc. Page 1 of 2 Project No.10050.0001TBTempConsEsmt8apt Plat&Description 1405 Comerstone Court•Beaumont,Texas 77706.(409)832-7238•fax(409)832-7303 Tx Board of Prof Engineers Finn No.1160•Tx Board of Prof rand Surviyors Firm No.100186 EX111B1T C3,PAGE 2 OF 3 which W iron rod found for an exterior comer of the said 16.9617 acre tract bears South 89'58'38'East 248.83 feet(called South 89°59'39"East);; THENCE South 00°00'15"West along an east line of the said 0.0799 acre tract a distance of 15.58 feet to a point for an exterior comer of the said 0.0799 acre tract; THENCE North 89°57'16"West along a south line of the said 0.0799 acre tract a distance of 38.96 feet to an interior corner of the said 0.0799 acre tract; THENCE South 00'28'37'West along an east line of the said 0.0799 acre tract a distance of 55.00 feet to a point for the southeast comer of the said 0,0799 acre tract; THENCE North 89°31'23"West along a south line of the-said 0.0799 acre tract a distance of 53.91 feet to a point for the southwest comer of the said 0.0799 acre tract; THENCE North 00°23'52"East along a west line of the said 0.0799 acre tract a distance of 40.34 feet to a point for an exterior corner of the said 0.0799 acre tract; THENCE South 89°53'48"East along a north line of the said 0.0799 acre tract a distance of 29.55 feet to a point for an interior comer of the said 0.0799 acre tract; THENCE North 00°00'22'East along a west line of the said 0.0799 acre tract a distance of 11.26 feet to the PC of a curve; THENCE along a west One of the said 0.0799 acre tract with a curve to the right having a chord bearing of North 20°46'31'East,a chard distance of 19.86 feet and a radius of 28.00 feet,a distance along the curve of 20.30 feet to the POINT OF BEGINNING and containing 0.0799 acres of land,more or less. This description is based on a survey made by Fittz&Shipman,Inc,during September 2012. OF 7-�9 Waiter J.Ksiazek �o�•�o gF�tJ' Registered Professional Land Su eyor No.5321 fie • a.Q tii JER J.KSIA7FK 9321 � �9M BURVk�Q FluT&Shipman,Inc. Page 2 of 2 Project No.10050.0001T9Temp0onsEsmt9apt Plat&Description EXMISIT a PAGE 3 OF 3 DEED OF TRUST BETWEEN �( E I BAPTIST HOSPITAL OF SOUTHEAST lE%A9 AND DEED OF TRUST BETWEEN THE BANK OF NEW YORK. BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND i W0.LAM J.BARBER TRUSTEE CLERKS FILE NO.2001029306,O.P.R.J.C. THE BANK OF 0. YOM TRUST (PART OF A CALLED 102334 ACRES) � CLEIM FILE NO.2001029306,O.P.R.AQ (REMAINDER OF A CALLED 10.2334 ACRES) 0�0 MINOR PLAT SET 1/2' L07 1 OF COLLEGE STREET COMPLEX 1 CI ORION ROD IN 0 (7-0 BE RECORDED) i CONCRETE SET'X'IN 89'59'48"E 27.9 CONCRETE CALLED S 8958'00" mp ' ABANDONMENT OF STREET W 10 ORDINANCE NO. 12-064 . v,fZI(S FILE NO.2012029748,DP.R.J.C- i (CALLED 0.3530 ACRE) PI'n C4 STAGG DRIVE 88fl CARED COMMENCING ONT BEGINNING I TA _ c3 � Of � � TBJ6 N E IRON ROD FOUND (CALLED N 89`59'39'W) UM ROD (f•111FD S FfXINO'7I'IN (dLLLEO_ 49S '39'39"E� IRCI R00 I N 8958'49'w 548.St S 89'Sx E 41.55 G�ICRE7E S BB'SS IB'£300.13 36.39 �/ 5 r TAIUS 5 B iija Y. � � GEED DF TRUST BETWEEN C? BAPTIST HOSPTAL OF SOUTHEAST TEXAS AND �rH THE BANK OF NEW YORK. DEED OF TRUST BETWEEN WILLIAM J.BARBER,TRUSTEE r BAPTIST SUTTHEEAST TEXAS MW 55 (REMAINDER OF a CAi I rn 16.9617 ACRES) C�,�'ST�Tpf'�y THE BANK OF NEV YORK, ej VALAN J.BARBER,TRUSTEE g * •RAT. BARKS FIE NO.2001029306.aPXlC. m „k.„.,__7f ;t �y CROAAINOER OF A CALLED 16.9617 ACRES) ; SURVEY�t'S CERTIFICATION: WALTER J.KSLAZEK rl y Q 1 00 HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF. .....�........- .- ».»..y `E$,1 THAT TAPS IS AN ACCURATE PLAT OF A SURVEY&OESCRPTICN MADE MINOR PLAT ON THE GROUND UNDER NY SUPERVISION DURING 27784M 2012. I LOT 1 OF COLLEGE STREET COMPLEX �°A SURD (TO BE RECORDED) N B>i'St'2r w 1 � WALTER J.K9A2IX REDISTTDTED PROFESSIONAL 11101111.N0.aT2 FitbWShipman TEMPORARY CONSTRUCTION EASEMENT SHEET3 M. MIN= NAHS- BAPTIST HOSPITAL OF SOUTHEAST TEXAS STAGG DRIVE FACT NO, NOTE: REFERENCE BEAMND IS THE SOUTH LINE OF THE SAM 16.9617 ACRE 1406 CORNERSTONE COURT,BEAUMONT.IEXAS BEAUMONT, TEXAS TRACT HAVING BEEN CALLED SOUTH 89'5WOW WEST 350.35 FEET. (409)832-7238 FAX(409)8=-7303 10050.0001 C-\PROJECTS\10050\10050.0001\Twk 9-Ito"oiU d FAmt\1005OT9Aeeena L6.9 Oct 18.2012 10,54e REVISm- 10-16-12 DAT&9-29-12 TASK 9 Fittz&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.RLI,P.E.,K.P.L.S,(1940-19117) Donald R King P.L Terry C.Wrxnan,P.E.,Chairman Walter 1.Ksiar k R.RLS Billy I•Smith,Jr.,President EXHIBIT C4,PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.1274 ACRE TRACT FOR A TEMPORARY CONSTRUCTION EASEMENT OUT OF THE DA'VI'D BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS SEP'T'EMBER 29,2012 That certain 0.1274 acre tract for a temporary construction easement out of the David Brown Survey,Abstract 5,Jefferson County,Texas,and being a portion of Stagg Drive,said 01274 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of a called 16.96117 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York,Wdfam J. Barber,Trustee as recorded In Clerks File No.2001029306 of the Official Public Records of Jefferson County,Texas having been called South 89'58'00'West. BEGINNING at a capped Iron rod found in the north line of the said 16.9617 acre tract and the south right-of-way line of Stagg Drive for the southeast corner of a called 0.3530 acre tract described in Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded in Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas and the southwest comer of the said 0,1274 acre tract; THENCE North 00°23'31'East along the east line of the said 0.3530 acre tract and the west line of the said 0.1274 acre tract a distance of 59.89 feet(called North 00'22'41"East 59.89)to a'X' set in concrete in the south line of a called 10.2334 acre tract conveyed in the said Clerks File No.2001029306 and the north right-of-way line of Stagg Drive for the northeast corner of the said 0.3530 acre tract and the northwest comer of the said 0.1274 acre tract; THENCE South 89°59'48"East along the said north right-of-way line of Stagg Drive,the south line of the said 10.2334 acre tract and the north line of the said 0.1274 acre tract,passing at a distance of 27.96 feet(called South 89'58'00'East)a W capped iron rod in concrete set for reference,and continuing a total distance of 92.44 feet to a point for the northeast comer of the said 0.1274 acre tract; Fittz g Shipman,Inc. Page i of 2 Project No.10050.0001T9ConstructesmtCity Plat&Description 1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•fax(409)832-7303 Tx Board of Prof Engineers Firm No.1160 Tx Board of Prof Land Surveyors Firm No.100186 EXHIBIT C4,PACE 2 OF 3 THENCE South 00 100'15"West along the east line of the said 0.1274 acre tract a distance of 59.92 feet to a point in the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 acre tract for the southeast comer of the said 0.1274 acre tract from which a W iron rod found for an exterior corner of the said 16.9617 acre tract bears South 89°58'38"East 248.83 feet(called.South 89°59'39"East); THENCE North 89°58'38"West along the said south right-of-way line of Stagg Drive,the said north line of the 16.9617 acre tract and the south line of the said 0.1274 acre tract a distance of 51.30 feet(called North 89°59'39"West)to a'X in concrete found for an angle point; THENCE North 89°5852"West continuing along the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 acre tract and the said south line of the 0.1274 acre tract a distance of 41.55 feet(called North 89°59'39"West)to the POINT OF BEGINNING and containing 0.1274 acres of land,more or less, This description is based on a survey made by_Fittz&Shipman,Inc.during September 2012., lam/ *`,�P�'©a OF Walter J.Ksiazek {P Registered Professional Land Su or No.5321 .•..................... WAI.17:R,1.1(SfAZE1(... "9 P SUAYE't� FJttz Shipman,Inc. Page 2 of 2 Project No.10050.000MConstructesmtCity Plat&Description I i EXHIBIT C4, PAGE 3 OF 3 I i DEED OF TRUST 13EIKEN BAPTIST HOSPITAL OF SOLITHEAST TEXAS A.VD i OEM OF TRUST BETWEEN THE BANK OF NEW YORK, "LUAU J.BARBER.TRUSTEE BAPTIST HO�ITAL OF SOUTHEAST TEXAS AND I CLERKS FILE Na 2OD10293M O.P.R.J.0 THE BANK OF NEW YORK. (PART OF A CALLED 10.2334 ACRES) W0.1UY A BARBER TRUSTEE ' C1.fRfCS FIE H. ZOD10G930U.O.PR.J.0 MINOR PLAT ! (REMAINDER OF A CALLED 10.2-334 ACRES) ; LOT 1 OF �} 1/2. 0 1 _ 0 i /5E COLLEGE STREET COMPLEX cAPPEO C C A A L (TO BE RECORDED) 1EIN 27.96 84.48 SET,X..IN /S 8939'4 92.44 1 CONCRETE CALLED S 89'56'x'E) V} 1 ADNAANNCENNO 12-064 CLERKS FriE Ae.2012020748.aP.R.J.C. v+.: (CALLED 0.3530 ACRE) r ^I STAGG DRIVE POINT OF FOUND BEGINNING Z. D'x" CAPPED FOUND IRON ROD (N 89'5649TW95 fit) (CALLED W 4955 N 8938 "W 53.30 2 3 5 8936'38'E 300.13 (CALLED 5 89'59'39'E) FOUND , IRON TROD C2 DUD OF TRUST I BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND THE BANK OF NEW YORK. 1 {�F ', (.L OEM OF TRUST BETWEEN LJI WILL"J.BARB TRUSTEE TRUST Q,� e1'i... BAPTIST HOSPITAL OF iv CLERKS FILE NO.20010X9306.O.P.R.ka tlF f31 S Tyo�9''Ja"'ti'ps I SOUTHEAST TEXAS AND Pf r�4 THE BANK OF NEW YORK, I (PMRA91DER Of A CALLED 16.9617 ACRES) ti} Q� H WILLIAM A BARBER.TRUSTEE g I ►t � CLERKS M No.2001029306.O.P.R.J.C. z SURVEYOR'5 CERl1FECATICN: MLTERJ.KSL4MK � (MAINOER OF A CALLED 16.9817 ACRES) C3 1 00 HEREBY CERTIFYY,To W BEST OF MY KNO&MOE AND BELIEF. M.......,.�,-„--�,,,,, THAT THIS 15 AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE -0 I MINOR PLAT ON THE GROUND UNDER MY SUPONSKM DING UR SEPTEVM 2M2. 9 Trf � � � r�A°F881p�� LOT 1 OF NQ COLLEGE STREET COMPLEX 3URU�v�� I (TO BE RECORDED) —————---—--J Aii�z WALTER J.KSLAM REGISTERED PROFESSIONAL UJAURVEYOR NO.5321 I Fittz�Ship1'11an TEMPORARY CONSTRUCTION EASEMENT SHEETa �N SIC. PROJ= NAIM CITY OF BEAUMONT j STAGG DRIVE PROJECT No. NOTE: REFERENCE BEARING 15 THE SOUTH UNE OF THE SAID 16.9817 ACRE 1406 CORNERSTONE COURT,BEAUMONT,TEXAS BEAUMONT, TEXAS TRACT HAVING BEEN CALLED SOUTH 89'S8'OO”NEST 35035 FEET. (409)532-7238 FAX(409)832-7303 10050.0001 TASK a\PaOjE'TS\IOD50\IOO5D.CM1\Twk 2-Hommerho d Evmt\1005OT9AewmwLdng Oct 02.2012 D9:na+ DAM 9-29-12 12 TASK 9 EXHIBIT C-5 SITE PLAN WITH KNOX BOX (See attached) 062007.00754163056 •\wnM•eM�w..x+•V.w..wn wW++.wwr\.uxra s�.InU n�a.. -----_—_.. �-.`,_.-_....__/_- _—._.—_._.—.—_ 1 7 , I ....—____� F S�. 17thSTRESTgl a� '� ,''.�•:. t ��. ,_..1 •. xtit i "• �i •- e� i f I - -� wwoevFioaeeatm•.II gib � .a I•• I I \� i GJ r.'�:}• \. ��.aFFF��_�•:��-1t t\7 :. it II- 1 .@ ~ A, I I _._. -._ ..__� _...._.___ —_STS'• --__'�`.-- t I ! I •\1 t q c, 1 ✓/ •i'��d Ed�' a 1 ",fir` i!i l l f .F� € - --- 1 c 4E -Ti. q. M% Site Plan - Exhibit C-5 F E Fittr."Shlpman a..war%•"•�w+ .► a ..v.. \...,� ,�„,,,,Mqo,•,,,, 3590 CCIICV Stmt - Beaumont,Teaaa t _ Y FILED AND RECORDED OFFICIAL PUBLIC RECORDS x 2012 Nov 30 01:12 PM Fee: $ 180.00 x. 2012039697 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded* ACCESS EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Access Easement Agreement(this "Easement Agreement") is entered into effective as.of the jg�' day of Q Pye o,6 A 2012,by and between HEB Grocery Company, a Texas limited partnership ("HEB"), Baptist Hospitals of Southeast Texas, a Texas non-profit corporation(the"Hospital"),and the City of Beaumont(the"City"). WHEREAS, HEB is the Owner of that certain approximately 2.474 acre parcel of real property, located to the north of Stagg Drive,in the City of Beaumont, Jefferson County,Texas, as more particularly described on Exhibit A attached hereto and made a part hereof for all purposes(the"HEB Parcel"); WHEREAS, the Hospital is the Owner of that certain 14.6 acre parcel of real property, located to the north and south of Stagg Drive, in the City of Beaumont, Jefferson County,Texas, as more particularly described on Exhibit B attached hereto and made a part hereof for all purposes(the"Hospital Parcel"); WHEREAS, the City has requested and HEB and the Hospital have agreed to grant certain easements for access for emergency response vehicles on the Turn-Around Area (as defined below) on certain portions of the HEB Parcel and Hospital Parcel at the terminus of Stagg Drive,as more particularly set forth in this Easement Agreement; WHEREAS, HEB has agreed to construct such Turn-Around Area, at HEB's sole cost and expense, and the City and the Hospital have agreed to grant to HEB certain temporary construction easement on the right-of-way of Stagg Drive and certain portions of the Hospital Parcel,respectively,for purposes of completing such construction of the Turn-Around Area WHEREAS, for purposes hereof, (i) the term "Owner" shall mean the fee simple owner of all or any portion of the applicable Property, its successors and assigns, (ii) the term "Occupant" shall mean any individual, partnership, firm, association, corporation, trust, governmental agency, administrative tribunal or any other form of business or legal entity, from time to time, entitled to the use and occupancy of the applicable Property under any lease, sublease,license,concession or other similar agreement; (iii)the term"Permittee"shall mean all Owners, Occupants and the partners, officers, directors, employees, agents, contractors, customers, vendors, suppliers,visitors,invitees and licensees of Owners and Occupants; and(iv) the term"Property"shall mean the portions of the HEB Parcel,Hospital Parcel and right-of-way of Stagg Drive made subject hereto, as applicable; and 062007,00754 4163056 � t NOW,THEREFORE,HEB,the Hospital and the City hereby agree as follows: 1. Easements. (a) Access Easements. HEB does hereby grant, sell and convey to the City a perpetual, non-exclusive access easement, for the sole purpose of ingress and egress by emergency response vehicles, such as fire trucks, ambulances and police cars'(collectively, "Emergency Vehicles"), upon, over and across the portion of the HEB Parcel more particularly described on Exhibit C-I attached hereto and made a part hereof for all purposes (collectively with the property described in Exhibit C-2, the "Turn-Around Area!% for the sole purpose'of permitting such Emergency Vehicles to turn around at the terminus of Stagg Drive.The Hospital does hereby grant,sell and convey to the City a perpetual,non-exclusive access easement,for the sole purpose of ingress and egress by Emergency Vehicles,upon, over and across the portion of the Hospital Parcel more particularly described on Exhibit C-2 attached hereto and made apart hereof for all purposes (collectively with the property described in Exhibit C-1, the "Turn- Around Area"), for the sole purpose of permitting such Emergency Vehicles to turn around at the terminus of Stagg Drive. The easements set forth above shall be used in common with each Owner and Occupant of the HEB Parcel and the Hospital Parcel, respectively, and their respective Permittees. (b) Construction Easement. The Hospital does hereby grant, sell and convey to HEB a temporary, construction easement, for the purpose of constructing the Turn-Around Area,upon, over and across the portions of the Hospital Parcel as more particularly described on Exhibit C-3 attached hereto and made a part hereof for all purposes. The City does hereby grant, sell and convey to HEB a temporary construction easement, for the purpose of constructing the Turn-Around Area, upon, over and across the portion of the right-of-way of Stag Drive as more particularly described on Exhibit C4 attached hereto and made a part hereof for all purposes, The foregoing construction easements shall terminate upon the first to occur of(i)the completion of the construction of the Turn-Around Area or (ii) four (4) years following the date of this Easement Agreement. During the construction of the Turn-Around Area, HEB shall not totally block the entrance to and from the portion of the Hospital Parcel located south of Stagg Drive from Stagg Drive included in the Turn-Around Area and shall at all times keep at least one lane of traffic open. 2. Limited-Access Eg=Gate. In addition, HEB hereby grants to the Hospital the right to construct and maintain, at the Hospital's sole cost and expense, a limited-access entry gate and associated "knox box" at the location depicted on Exhibit C-5 attached hereto and part hereof for all purposes, for the sole purpose of allowing access for Emergency Vehicles from the Hospital Parcel via the limited-access entry gate in a southerly direction across the HEB Parcel to the curb cut onto College Street to the south of the HEB Parcel, in the location depicted on Exhibit C-5 as "College Street Curb.Cut". The foregoing shall not be deemed to grant to the Hospital or any third party the right to enter any other portions of the HEB Parcel or park upon an y portion of the HEB Parcel. The limited-access entry gate shall be kept locked at all times when the gate is not in use by Emergency Vehicles for the purposes set forth in this Section 2. The limited-access entry gate and associated "knox box" shall be maintained in a first-class 2 062007.00754 163056 � t condition and repair consistent with the improvements on the remainder of the HEB Parcel, at the sole cost and expense of the Hospital. 3. Permitted Exceptions. The access easements and construction easements as described herein are reserved, established and created subject to any and all other restrictions, easements, utility lines, or other matters or easements affecting the Property of record in Jefferson County, Texas,as of the date hereof. 4. Retention of Fee Ownership. The Owner of each respective portion of the Property retains, reserves and shall continue to enjoy fee ownership, and the dominant right to use the surface and the subsurface of its respective portion of the Property, for any and all purposes which do not unreasonably interfere with the easements expressly granted by this instrument. 5. Maintenance and Repair. The Owner of each respective portion the Property shall,at its sole cost and expense,maintain and repair its respective portion of the Property,including the ; portion of the Turn-Around Area thereon. 6. Default and Remedies. If any party defaults in the performance of its obligations hereunder and the default is not cured within thirty (30)days following delivery of written notice to such defaulting party then the non-defaulting party shall have the right to (i)to perform such obligation on behalf of the defaulting party, in which event such defaulting party shall reimburse such non-defaulting party for all amounts expended by the non-defaulting party on behalf of the defaulting party; and/or (ii)exercise any other rights or remedies available to the non-defaulting party either at law or in equity. In the event of any violation or threatened violation by any person of any of the easements set forth herein, any Owner shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies available at law or in equity. All remedies are cumulative and shall be deemed additional to any and all other remedies to which any Owner may be entitled in law or in equity. Each Owner shall also have the right to restrain by injunction any violation or threatened violation by any other Owner of any of the terms, covenants, or conditions of this Easement Agreement, or to obtain a decree to compel performance of any such terms, covenants, or conditions,it being agreed that the remedy at law for a breach of any such term,covenant,or condition(except those,if any,requiring the payment of a liquidated sum)is not adequate. 7. Binding Effect. The provisions of this Easement Agreement shall be binding upon and inure to the benefit of the Owners of respective portions of the Property and their respective Occupants and Permittees. This Easement Agreement shall be appurtenant to the Property and shall run with the land. This Easement Agreement shall be construed in accordance with the laws of the State of Texas and all obligations hereunder are performable in Jefferson County, Texas. 8. Amendment. This Easement Agreement may be canceled, changed, modified or amended in whole or in part only by the written and recorded agreement of(i)the Owner of the HEB Parcel, its successor or assigns, (ii) the Owner of the Hospital Parcel, its successors or assigns; and(iii)the City. 3 062007.00754 163056 t j 9. No Dedication/Negation of Partnership. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Property to the general public or for the general public or for any public purpose whatsoever, it being the intention that this Easement Agreement shall be strictly limited to and for the purposes herein expressed. This Easement Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not specifically benefited by the terms and provisions hereof, nor are any rights granted to a party hereunder assignable to any third party. None of terms, conditions or provisions of this Easement Agreement shall be deemed to create a partnership between or among the Owners in their respective businesses or otherwise,nor shall it cause them to be.considered joint venturers or members of any joint enterprise. Each Owner shall be considered a separate owner, and no Owner shall have the right to act as an agent for another Owner, unless expressly authorized to do so herein or by separate written instrument signed by the Owner to be charged. 10. Miscellaneous. Time is of the essence of this Easement Agreement. If any term, covenant or condition of this Easement Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement Agreement or the application of such term, covenant or condition to persons or circumstances, other than those as to which it is invalid or unenforceable,shall not be affected thereby,and each term, covenant or condition of this Easement Agreement shall be valid and shall be enforced to the extent permitted by law. This Easement Agreement shall be governed by the laws of the State of Texas and venue for any action hereunder shall be in Jefferson County, Texas. The captions and headings in this Easement Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants or conditions contained herein. In construing the provisions of this Easement Agreement and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. Each Owner shall have the right to take such steps as it deems necessary to prevent those persons not authorized by this Easement Agreement to use the Access Easement Area situated on such Owner's property from using the Access Easement Area; provided that such steps shall not materially interfere with the easement rights granted to each Owner herein. [Signatures Appear on Following Page] 4 062007.00754 163056 f j EXECUTED effective the date first written above. The City of Beaumont By: � t Name: X G e Title: THE STATE OF TEXAS § COUNTY OF JEFFERSON § Th r goin ent was acknowledged before a this day of 2012,by t as of e City, of B out, a on of said AA it T ]SAY ATl�F1AY• S *N4otary a �R ic' for f To 5 062007.00754163056 � 1 HEB Groce Company,LP, a Texas ' artnership By: Nam . Todd A.Piland Title: Executive Vice President THE STATE OF TEXAS § COUNTY OF BEXAR § The.foregoing instrument was acknowledged before me this 1 g day of f(C.Ic�), 2012, by Todd A. Piland, as Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership,on behalf of said limited partnership. _ -- r:'hY'�f DE8RA S Notary Publicc,,State of of Texas My Commission Expires March 12, 2014 Notary Public in and for The State of Texas 6 062007.00754 163056 I I I Baptist Hospitals of Southeast Texas, a Texas non-profit corporation By: ud Name: DAV20 W M erntp2 Title: V&es14#Kt-b Cx 0 THE STATE OF TEXAS § COUNTY OF JEFFERSON § The foregoing t was acknowled befo me thi day of 2012, by �d, e/ crl l —/' as of Baptist Fospitals of Southeast Texas, a Texas non-profit corporation, on behalf of said non-profit corporation. I No Public in and for bt„a`f ,,,aa.«sk+e.+►bat* ° trO• The State of Texas SUSAN MIRELES ; -- Notary Public a * .' '• = STATE OF TEXAS ;, ..•,, �; My commission Expires 05/03/2013 vsoa aaaa�sa s:+asawsaaaaaeaoaw�vaaawaas i i 7 062W7.00754 163056 Y CONSENT OF LIENHOLDRM The Lienholders below, the owners and holders of a lien or liens upon the Hospital Parcel, consent and subordinate its lien(s)to this Easement Agreement. j LIENHOLDERS: PRUDENTIAL EMNPOON PAIGE ASSOCIATES,LLC By: Name: Title: STATE OF �S § COUNTY OF �s § This instrument was acknowledg before me, the tndersigned audiority on this day o f 2012, by h-4 of Prudential Huntoon Paige Associates,LLC,a a Delaware limited liability company,on behalf of said limited liability oomp Susan L.�avis No Public,State of it t.5 .. 1 E*M CENTURY HEALTH CAPITAL,INC. I By: Name: Title: STATE OF § § COUNTY OF § This instrument was acknowledged before me, the undersigned authority on this day of 2012, by of Century Health Capital, Inc., a New York corporation, on behalf of said corporation. ; Notary Public,State of 8 062007.00754 t63o56 i I � t CONSENT OF LIENHOLDERS i The Lienholders below, the owners and holders of a lien or liens upon the Hospital Parcel, consent and subordinate its lien(s)to this Easement Agreement. i LEMHOLDERS: PRUDENTIAL BbNTOON PAIGE ASSOCIATES,LLC By: Name: Title: STATE OF § COUNTY OF § This instrument was acknowledged before me, the undersigned authority an this day of ,2012,by of Prudential Huntaon Paige Associates,LLC,a ,a Delaware limited liability company,on behalf of said limited liability company. i Notary Public,State of CENTURY HEALTH CAPITAL,INC. i By: Name: Title: �--- NOTARY PUBMSTATE OFFLDM& y Jonathan Garnet STATE OF'7.�O Oq r d A § Commiaaion a*EEi26468 § E:pie: SEP.08,2015§ ®T ear► c8oW W x COUNTY OFA rtqmt` r This ' ant was acknowledged before me, the and authority i �6 dam of 2012, by of Centa ry Health Capital, Inc.,a New York corporatt�n,fin behalf of said corporation O Public,State of tLri, 8 067A07.00754163M r � i EXHIBIT A HEB PARCEL FIELD NOTE DESCRIP'T'ION FORA 2.4740 ACRE TRACT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS JULY 22,2010 REVISED: JANUARY 3,2011 That certain 2.4740 acre tract out of the David Brown Survey, Abstract 5,Jefferson County,Texas, and being out of a called 10.2334 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York,William J.Barber,Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson County,Texas, said 2.4740 acres being more particularly described by metes and bounds as follows: Note: Bearings are based on a north line of the said 10.2334 acre tract having been called East 449.83 feet. BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive for the southeast comer of a called 0.477 acre tract conveyed to Carey R. Fracht and wife,Patricia L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County,Texas and the southwest comer of the said 10.2334 and 2.4740 acre tracts; THENCE North 00'23'19"West along the east line of the said 0.477 acre tract and a west line of the said 10.2334 and 2.4740 acre tracts a distance of 148.31 feet(called North 00 117'00"West.148.50 feet)to a fence post found for corner in the south line of a called 2.3132 acre tract(Tract 1) conveyed to George A.Dishman,Jr. and C. W. Conn,Jr. as recorded in Volume 2003,Page 171 of the Deed Records of Jefferson County,Texas for the northeast corner of the said 0.477 acre tract and an exterior corner of the said 10.2334 and 2.4740 acre tracts; THENCE North 89'26'14"East along the said south line of the 2.3132 acre tract and an interior line of the said 10.2334 and 2.4740 acre tracts a distance of 61.02 feet(called South 89°58'00"East 60.00 feet)to a fence post found for the southeast comer of the said 2.3132 acre tract and an interior i corner of the said 10.2334 and 2.4740 acre tracts; THENCE North 009 2'49"East along the east line of the said 2.3132 acre tract and an interior line of the said 10.2334 and 2.4740 acre tracts a distance of 289.92 feet(called North 00 017'00"East 290.40 feet)to a 5/8" iron rod found for the southwest comer of a called 1.771 acre tract conveyed to C. W. Conn,Jr. and George A.Dishman,Jr. d/b/a C&D Realty as recorded in Volume 2125,Page i 157 of the Deed Records of Jefferson County,Texas and the northwest corner of the said 10.2334 and 2.4740 acre tracts; 9 062007.00754 163056 THENCE East along the south line of the said 1.771 acre tract and the north line of the said 10.2334 and 2.4740 acre tracts a distance of 224.38 feet(called East)to a'/z"capped iron rod set for the northeast corner of the said 2.4740 acre tract from which a 5/8"iron rod found for an interior corner of the said 10.2334 acre tract bears East 225.05 feet(called East); i THENCE South 00°01'25"West along the east line of the said 2.4740 acre tract a distance of 439.06 feet to a %Z" capped iron rod set in the said north right-of-way line of Stagg Drive and the south line of the said 10.2334 acre tract for the southeast corner of the said 2.4740 acre tract; THENCE North 89 157'06"West along the said north right-of-way line of Stagg Drive and the south line of the said 10.2334 and 2.4740 acre tracts a distance of 285.29 feet(called North 89°58'00" West)to the POINT OF BEGINNING and containing 2.4740 acres of land,more or less. I i 10 062007.00754163056 t ► EXEMT B BAPTIST PARCEL TRACT 1 Legal Description: 13.4617 Acre Tract or Parcel of Land David Brown Survey,Abstract No. 5 Jefferson County,Texas BEING a 13.4617 acre tract or parcel of land situated in the David Brown Survey, Abstract No. 5, Jefferson County, Texas, said tract also being out of and part of that certain called 10 acre tract of land as conveyed by United Charities of Beaumont,Texas to Baptist Hospital of Southeast Texas as recorded in Volume 598, Page 53, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 9.885 acre tract of land as conveyed by United Charities of Beaumont to Baptist Hospital of Southeast Texas as recorded in Volume 871,Page 117,Deed Records,Jefferson County,Texas,and being out of and part of that same tract of land described as 18.6207 acre tract(described in EXHIBIT"A-1") save and except that certain called 0.7049 acre tract (described in EXHIBIT "A') as described in a "Special Warranty Deed" as conveyed by The Baptist Hospital of Southeast Texas to Baptist Healthcare System, L. L. C. as recorded in Clerk's File No. 97-9728176, Official Public Records of Real Property, Jefferson County,Texas, and also being out of and part of that certain called 16.9617 acre tract,identified as Tract One, Parcel One, as described in a"Deed of Trust"from Baptist Hospitals of Southeast Texas to William J, Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real Property, Jefferson County, Texas, said 13.4617 acre tract of land being more particularly described as follows: NOTE: All bearings are based on the North-right-of-way line of College Street as SOUTH 89°58100" WEST as called in the above referenced deed recorded in Volume 598,Page 53, Deed Records,Jefferson County,Texas. BEGINNING at a V2"iron pipe found for the Northwest corner of the tract herein described, said comer being the intersection of the East right-of-way line of Eleventh Street(right-of-way width varies)and the South right-of-way he of Stagg Drive(formerly known as Forsythe Street)(based on a width of 60 feet); THENCE SOUTH 89 059'39" EAST, along and with the South right-of-way line of Stagg Drive, for a distance of 889.99 feet to a 5/8" iron rod found for comer,said corner also being the Northwest comer of that certain called 0.828 acre tract of land as conveyed by Dale C.Hager and wife, Ellen Hume Hager to Mahesh Kanojia and wife, Uma M. Kanojia as recorded in Film Code No. 101-37-1907, Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 00015'48"WEST,along and with the West line of the said 0.828 acre Kanojia tract,for a distance of 176.02 feet to a 518" iron rod found for corner, said corner being the Southwest comer of the said 0.828 acre Kanojia tract; THENCE SOUTH 89056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract, for a distance of 0.08 feet to a 5/8" iron rod found for comer, said corner being the Northwest corner of that certain called 0.7049 acre tract of land described in EXHIBIT "A" as conveyed by The Baptist Hospital of.Southeast Texas to Baptist Healthcare System, L.L.C. as recorded in Clerk's File No. 97- 9728176, Offioial Public Records of Real Property,Jefferson County,Texas; 11 062007.00754163056 � T THENCE SOUTH 00°08'00" WEST, along and with the West line of the said 0.7049 acre Baptist Healthcare System,L.L.C. tract,for a distance of 97.48 feet to a''/x"iron rod found for corner, said corner being an exterior ell corner in the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract; THENCE SOUTH 89 052'00"EAST,along and with the most Northerly South line of the said 0.7049 acre Baptist Healthcare System,L.L.C.tract,for a distance of 13.50 feet to a %2"iron rod found for corner,said corner being an interior ell corner in the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C.tract; THENCE SOUTH 00 008'00" WEST, along and with the West line of the said 0.7049 acre Baptist Healthcare System,L.L.C.tract,for a distance of 55.82 feet to a scribed"X"in a concrete drive found for corner, said corner being the Southwest comer of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract; THENCE SOUTH 89 052'00"EAST,along and with the South line of the said 0.7049 acre Baptist Healthcare System,L.L.C.tract,for a distance of 191.62 feet to a 60d nail found for corner,said comer being the Southeast corner of the said 0.7049 acre Baptist Healthcare System,L.L.C.tract; THENCE NORTH 00°04'38" EAST, along and with the East line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract, for a distance of 153.55 feet to a 5/8" iron rod found for comer, said corner being the Northeast comer of the said 0.7049 acre Baptist Healthcare System,L.L.C.tract and the Southeast corner of the said 0.828 acre Kanojia tract; THENCE NORTH 00 015'48"EAST,along and with the East line of the said 0.828 acre Kanojia tract,for a distance of 176.02 feet to a 5/8"iron rod found for comer,said corner being the Northeast corner of the said 0.828 acre Kanoj is tract and in the South right-of-way line of Stagg Drive; THENCE SOUTH 89053'57" EAST, along and with the South right of-way line of Stagg Drive, for a distance of 69.19 feet to a 518" iron rod found for corner, said comer being the Northwest corner of a proposed 3.5000 acre tract; THENCE SOUTH 00 006'03" WEST, for the boundary between the tract herein described and the said 3.5000 acre tract and perpendicular to the South right:-of-way line of Stagg Drive,for a distance of 582.04 feet to a 5/8" iron rod found for corner, said corner being the North right-of-way Iine of College Street (also being U.S. Highway 90)(right-of-way width varies); THENCE NORTH 89 053'46" WEST, continuing along and with the North right-of-way line of College Street,for a distance of 69.20 feet to a scribed"X"in a concrete drain under a sidewalk found for corner; THENCE SOUTH 89 056'55" WEST, continuing along and with the North right-of-way line of College Street,for a distance of 3 37.56 feet to a V iron rod found for comer; THENCE SOUTH 89 058'00" WEST, continuing along and with the North right-of-way line of College Street,for a distance of 439.02 feet to a%"iron rod found for comer,said corner also being the beginning of a curve concave to the north having a radius of 299.50 feet and a central angle of 40°46'44" and being subtended by a chord which bears NORTH 69°19'04"WEST 208.69 feet; THENCE WESTERLY and NORTHWESTERLY, along said curve and continuing along and with the North right-of-way line of College Street,for a distance of 213.16 feet to a'/a"iron rod found for comer, 12 062007.00754 163056 r THENCE NORTH 34 014'54" WEST, along and with the Northeasterly right-of-way line of College Street,for a distance of 191.87 feet to a'/4"iron rod found for corner; THENCE NORTH 87 047'07" WEST, continuing along and with the North ri ght-of-way line of College Street,for a distance of 11.80 feet to a'/d" iron rod found for corner,said corner being in the East right-of- way line of Eleventh Street; THENCE NORTH 00°2347" WEST, along and with the East right-of-way line of Eleventh Street,for a distance of 350.15 feet to the POINT OF BEGINNING and containing 13.4617 ACRES. SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND: That certain 7.300 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being out of a called 16.9617 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas, said 7.300 acres being more particularly described by metes and bounds as follows: Note:Bearings are based on a south line of the said 16.9617 acre tract having been called South 89°58'00" West. BEGINNING at a capped iron rod found at the intersection of the east right-of-way line of l Vh Street and the south right-of-way line of Stagg Drive for the northwest corner of the said 16.9617 and 7.300 acre tracts; THENCE South 89°58'49"East along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 and 7.300 acre tracts a distance of 546.61 feet (called South 89°59'39" East) to a 1/a" capped iron rod set for the northeast comer of the said 7.300 acre tract from which a'%"found in concrete for reference bears South 89 058149"East 41.54 feet(called South 89°59'39"East); THENCE South 00°23'52" West along an east line of the said 7.300 acre tract a distance of 328,08 feet to a /z"capped iron rod set for an interior corner of the said 7.300 acre tract, THENCE South 89°51'36"East along an interior line of the said 7.300 acre tract a distance of 70.04 feet to a 1/2"capped iron rod set for an exterior comer of the said 7.300 acre tract; THENCE South 00°15'47"East along an east line of the said 7.300 acre tract a distance of 139.59 feet to a '/z"capped iron rod set for an interior corner of the said 7.300 acre tract; THENCE North 89.°44'13"East along an interior line of the said 7.300 acre tract a distance of 56.40 feet to a''/a"capped iron rod set for an exterior corner of the said 7.3 00 acre tract; THENCE South 00 116'08"East along an east line of the said 7.300 acre tract a distance of 115.12 feet to a ''/s" capped iron rod set in the north right-of-way line of College Street and the south line of-the said 16.9617 acre tract for the southeast corner of the said 7.300 acre tract; THENCE South 89 058'00"West along the said north right-of-way line of College Street and the south line of the said 16.9617 and 7.300 acre tracts, passing at a distance of 83.04 feet a"X"found in concrete for 13 062007.00754 163056 i I reference, and continuing a total distance of 356.20 feet(called South 89°58'00"West)to a 5/8" iron rod found for the PC of a curve; THENCE continuing along the said north right-of-way line of College Street and the said south line of the 16.9617 and 7.300 acre tracts with a curve to the right having a chord bearing of North 69°19'55"West,a chord distance of 208.46 feet and a radius of 299.50 feet, a distance along the curve of 212.92 feet to a 5/8"iron rod found for the PT of the curve; THENCE North 34°16'34" West along the northeasterly right-of-way line of College Street and the southwesterly line of the said 16.9617 and 7.300 acre tracts a distance of 192.03 feet (called North 34°14'54"West 191.87 feet)to a capped iron rod found for an angle point; THENCE North 87°38'24" West along a north right-of-way line of said College Street and a south line of the said 16.9617 and 7.300 acre tracts a distance of 11.64 feet(called North 87 047'07"West 11.80 feet)to a%" iron rod found in the said east right-of-way line of 11" Street for the southwest comer of the said 16.9617 and 7.300 acre tracts; THENCE North 00 009'10"West along the said east right-of-way line of 11'"Street and the west line of the said 16.9617 and 7.300 acre tracts a distance of 350.35 feet(called North 00°23'47" West 350.15 feet)to the POINT OF BEGINNING and containing 7.300 acres of land,more or less. I 14 062007.007$4 163056 TRACT 2: Legal Description: 0.7049 Acre Tract or Parcel of Land David Brown Survey,Abstract No, 5 Jefferson County,Texas BEING a 0.7049 acre tract or parcel of land situated in the David Brown Survey,Abstract No.5,Jefferson County, Texas and being out of and part of that certain called 9.885 acre tract of land as conveyed by United Charities of Beaumont to Baptist Hospital of Southeast Texas as recorded in Volume 871, Page 117, Deed Records,Jefferson County,Texas, and also being all of that certain called 0.7049 acre tract of land described in EXHIBIT "A" as conveyed by The Baptist Hospital of Southeast Texas to Baptist Healthcare System, L.L.C. as recorded in Clerk's File No. 97-9728176, Official Public Records of Real Property,Jefferson County, Texas, and also being all of that certain called 0.7049 acre tract,identified as Tract One, Parcel Two, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to William J. Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real Property,Jefferson County,Texas,said 0.7049 acre tract being more particularly described as follows: NOTE: All bearings are based on the North right-of-way line of College Street as SOUTH 89°58'00" WEST as recorded in Volume 598,Page 53,Deed Records,Jefferson County,Texas. COMMENCING at a 1/9" iron pipe found for the intersection of the East right-of-way line of Eleventh Street (right-of-way width varies) and the South right-of-way line of Stagg Drive (formerly known as Forsythe Street) (based on a width of 60 feet), said Comer also being the Northwest corner of that certain called 18,6207 acre tract of land described in EXHIBIT"A-1"as recorded in Clerk's File No.97-9728176, Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 89 059'39" EAST, along and with the South right-of-way line of Stagg Drive and the North line of the said 18.6207 acre tract,for a distance of 889.99 feet to a 518" iron rod found for corner, said corner also being the Northwest comer of that certain called 0.828 acre tract of land as conveyed by Dale C.Hager and wife,Ellen Hume Hager to Mahesh Kanojia and wife,Urns M.Kanojia as recorded in Film Code No. 101-37-1907,Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 00015'48"WEST,along and with the West line of the said 0.828 acre Kanojia tract and an interior line of the said 18,6207 acre tract; for a distance of 176.02 feet to a 5/8" iron rod found for corner, said comer being the Southwest corner of the said 0.828 acre Kanojia tract and an interior ell corner of the said 18.6207 acre tract; THENCE SOUTH 89 056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract and the most Southerly North line of the said 18.6207 acre tract, for a distance of 0.08 feet to a 5/8" iron rod found for corner and the POINT OF BEGINNING of the tract herein described,said corner being the Northwest corner of the said 0,7049 acre Baptist Healthcare System,L.L.0 tract; THENCE SOUTH 89 056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract and the most Southerly North line of the said 18.6207 acre tract, for a distance of 204.97 feet to a 5/8"iron rod found for corner, said corner being the Southeast corner of the said 0.828 acre Kanojia tract and an interior ell corner of the said 18.6207 acre tract; THENCE SOUTH 00 004138"WEST,over and across the said 18.6207 acre tract,for a distance of 153.55 feet to a 60d nail found for corner; L5 062007.00754163056 r ' THENCE NORTH 89 052'00"WEST,over and across the said 18.6207 acre tract,for a distance of 191.62 feet to a scribed"X"in a concrete drive found for comer, THENCE NORTH 00 008'00" EAST, over and across the said 18.6207 acre tract, for a distance of 55.82 feet to a Yz"iron rod found for corner; THENCE NORTH 89 052'00"WEST, over and across the said 18.6207 acre tract, for a distance of 13.50 feet to a''/s"iron rod found for comer; THENCE NORTH 00 008'00"EAST,over and across the said 18.6207 acre tract,for a distance of 97.48 feet to the POINT OF BEGINNING and containing 0.7049 ACRES,more or less. 16 062047.00754 163056 f TRACT 3: FIELD NOTE DESCRIPTION FOR A 7.757 ACRE TRACT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS OCTOBER 17,2012 That certain 7.757 acre tract out of the David Brown Survey,Abstract 5,Jefferson County,Texas,and being out of a called 10.2334 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York,William I Barber,Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson County,Texas,said 7.757 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in said Clerks File No. 2001029306 having been called South 89°58'00"West.The Bearings have been rotated from the Land' Title Survey to match the Minor Plat of Lot 1,College Street Complex. BEGINNING at a concrete monument found in the north right-of-way line of Stagg Drive for the southwest corner of a tract conveyed to Rips/Sandman Families Support Trust as recorded in Clerks File . No. 9701550 of the Official Public Records of Jefferson County,Texas and the southeast corner of the said 10.2334 and 7.757 acre tracts; THENCE North 89 056'45"West along the said north right-of-way line of Stagg Drive and the south line of the said 10.2334 and 7.757 acre tracts a distance of 615.75 feet(called North 89°57'03"West)to a capped iron rod found in concrete for the southwest corner of the said 7.757 acre tract from which a PK nail found in concrete for the southwest corner of the said 10.2334 acre tract bears North 89 159'48"West 285.62 feet(called North 89°57'03"West); THENCE North 00"01'18"West along a west line of the said 7.757 acre tract a distance of 439.06 feet to a capped iron rod found in the south line of a called 1.771 acre tract conveyed to C.W.Conn,Jr.and George A.Dishman,Jr.d/b/a C&D Realty as recorded in Volume 2i25,Page 157 of the Deed Records of Jefferson County,Texas and a north line of the said 10.2334 acre tract for the most westerly northwest corner of the said 7.757 acre tract from which a 5/8"iron rod found for an exterior corner of the said 10.2334 acre tract bears South 89°57'18"West 224.38 feet(called West); THENCE North 89°57'38"East along the said south line of the 1.771 acre tract and a tract conveyed to Raghurami B.Reddy as recorded in Clerks File No.2001042549 of the Official Public Records of Jefferson County,Texas being a north tine of the said 10.2334 and 7.757 acre tracts a distance of 224.88 feet(called East)to a 1/2"iron rod found for the southeast corner of the said Reddy tract and an interior comer of the said 10.2334 and 7.757 acre tracts; THENCE North 000 1311411 East along the east line of the said Reddy tract and a west line of the said 10-2334 and 7.757 acre tracts a distance of 171.31 feet(called North 00°13'28"East 171.29 feet)to a PK Nail found in the south right-of-way line of Fannin Street for the northeast comer of the said Reddy tract and the most northerly northwest corner of the said 10.2334 and 7.757 acre tracts; THENCE South 89 158'45"East along the said south right-of-way line of Fannin Street and a north line of the said 10.2334 and 7.757 acre tracts a distance of 391.44 feet(called South 89°58'00"East 391.40 feet) to a concrete monument found for the northwest corner of a called 1.374 acre tract conveyed to Fannin 17 062007.00754 163056 1 Plaza LLC as recorded in Clerks File No.2003020494 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 10.2334 and 7.757 acre tracts; THENCE South 00°05'56"West along the east line of the said 10.2334 and 7.757 acre tracts a distance of 610.97 feet(called South 00°06'45"West 610.88 feet)to the POINT OF BEGINNING and containing 7.757 acres of land,more or less. This Field Note Description is based on a land title survey performed by Fittz&Shipman,Inc.on October 16 & 17,2012. Walter J.Ksiazek Registered Professional Land Surveyor No.5321 18 062007.00754 163056 1 � EXIBBIT C-1 BEB EASEMENT AREA (See attached) 062007.00754 163056 II Fittz&Shipman INC. C=MzringETinaa►s and Land Surveyors Ronald D.Fi ft P.E.•RP.L_S.t1948-1987) Donald R*I&P.E Terry C.Shipman.P.E.,Chairman Walter 1.Kdazek,R P.L.S. Billy)Smith,Jr.,President EXHIBIT'C1,PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.0148 ACRE TRACT FOR AN ACCESS EASEMENT AGREEMENT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS SEPTEMBER 29,2012 That certain 0.0148 acre tract for an access easement agreement out of the Dav'ld Brown Survey,Abstract 5,Jefferson County,Texas,and being out of a called 10.2334 acre tract conveyed in:a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York,William.J.Barber,Trustee as recorded in Clerics File No.2001029306 of the Official Public Records of Jefferson County,Texas,said 0.0148 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings Is the south line of a called 16.9617 acre tract conveyed in-said i Clerks File No.2001029306 having been called South 89°58'00"West. COMMENCING at a capped Iron rod found in ft north fine of the said 16.9617 acre tract and the south right-af-way line of Stagg Drive for the southeast comer of a called 0.3530 acre tract described in Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded ; in Clerks File'No.2012029748 of the Official Public Records of Jefferson County,Texas; THENCE North 00°23'31'East along the east line of the said 0.3530 acre tract a distance of 59.89 feet(called North 00°2241'East 59.89)to a'X"set in concrete in the south line of the i said 10.2334 acre tract and the north right-of-way line of Stagg Drive for the northeast comer of the said 0.3530 acre tract,the southwest comer of the said 0.0148 acre tract and the POINT OF BEGINNING; i THENCE North 00°23'31"East along the west line of the sold 0.0148 acre tracts distance of i 29.99 feet to a point for the northwest corner of the said 0.0148 acre tract; THENCE South 89°59'48'East along the north line of the said 0.0148 acre tract a distance of 20:00 feet to a point for the'northeast comer of the said 0.0148 acre tract; i • 1 Frttz&Shipman,Inc. 1 Page 1 of 2 Project No.10050.0001T9AccessesmtHE8 Plat 8 Description 1405 Cornerstone Court-Beaumont,Texas 77706•(4091 832-7238•fax(409)832-7303 Tx Board of Prof Ensineers Firm No.1160•Tx Board of Prof Land Surveyors Firm No.100186 I EXHIBIT C1,PAGE 2 OF 3 THENCE South 00°00'22°West along the east line of the said 0.0148 acre tract a distance of 11.45 feet to a point for the PC of a curve; THENCE continuing along the said east line of the 0.0148 acre tract with a curve to the left having a chord bearing of South 20°43'40"East,a chord distance of 19.83 feet and a radius of 28.00 feet,a distance along the curve of 20.28 feet to a point in the said south Ina of the 10:2334 acre tract and the said north right-of-way line of Stagg Drive for the southeast comer of the said 0.0148 acre tract; THENCE North 89°59'48"West along the said south line of the 10.2334 and 0.0148 acre tracts and the said north right-of-way line of Stagg Drive a distance of 27.22 That(caged North 89°58'00'West)to the POWT OF BEGINNING and containing 0.0148 acres of land,more or less. This description is based on a surrey made by i=ittz&Shipman,Ina during September 2012. rte_ tPTE OF TF Walter J.Ksla;ek P * Registered Profession Land Sury yor No.5321 N J. 5321 ., ,e Sato BURWe, Fittr a{Shipman,Inc. Page 2 of 2 Project No.10050.0001T9AccessesmtHEB Plat&Description .................. ........ EXHIBIT Cl. PAGE 3 OF 3 DEED or-RUST BETWEEN DEED OF TRUST BET%EEH BAPW HOSPITAL OF SOUTHEAST TEXAS AND THE BANK OF NEW YORK. BAPTIST THE BANK OF SOUTHEAST TEXAS AND IRLLIAM J.BARBER,TRUSTEE S B67M'4B'L THE BANK OF NEW YORK. CLERKS ME NM 20DID29306.O.P.R.J.G � W.LUAM A SARBER,TRUSTEE i 11.E N (PART GP A CALLED 70.2334 ACRES) G CLERKS 0.200102'306.O-P-R-LC- ' A RADDIS MO CHOIaD (pE/AAXIDER OF A CALLED 101334 ACRES) +� C7 1 26.00 20.28 18 4 4 I MINOR PLAT ^�, I OF COLLEGE LOT COMPLEX SS (TO BE RECORDED) POIN NT IMO OF = SET'X' N W CONCRETE_ CALLED N 8958'00• ABANDOMM04T OF STREET S CLERKS FIDE N0.2012029746,O.P.R4r. (CALLED 0.3630 ACRE) $t� C4 I STAGG DRIVE COMMENCING z b FOUND FOUND c I CAPPED CAPPED a IRON ROD 920L1 ROD (CALLED N Bg59$9'W) (CALLED s 9959.39•E) N 8059'49'W 546.61 S 89'68'82'E 41.55 S Bgsw38'E 300.73 FOUND CONCRETE'X'IN I (CALLED 5 B9'S9'39'E) FOUND 19 I DEW OF TRUST BEf6E04 H w C2 ___^_�I BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND DEED OF TRUST BETWEEN Tiff BANK OF NEW YORK, r WBUAU J.BARBER.TRUSTEE I BAPTIST HOSPITAL of h K SOUTA BA TER. AND o 1 CLERKS FILE NQ,200102g3Oa O.P.R..LC ,`q. .��r,TI THE BAN(OF NEW YORK. z (REMAINDER OF A CALLED 16.OBfl ACRES) w pW9UW J.BARBER.TIIITST� tj I CLERKS FILE ND.2001026306.D.P.R.ac. SURVEYOR'S CERTIFlCATION: ..wrw.ww.«w.w... (REMAINDER OF A CALLED 16.9817 ACRES) I I pp HEREBY CARTIFY.TO THE BEST OF uY KNOwLEDDE AND 8E1.IEF, 1 TER J.KWUEK rl THAT THIS a AN ACCURATE PLAT OF A SURVEY DESCRIPTION MADE r4 C3 I ON THE GROUND UNDER NY SUPERVISION DURING SEPTEMBER 2012 '0 6321 v� 10�,A?s is l o ,r IL 9\n -— � yo avpY��o . _——— ——-- REGI37ERm PROFESSIONAL SlE4VEYDR .5321 0 is 0 � `� man ACCESS EASEMENT AGREEMENT 3. r A L E i' Shipman PROJ= NAME: HEB GROCERY COMPANY, LP STAGG DRIVE PROJECT N0. NOTE: REFERENCE BEARING IS THE SOUTH UWE OF THE SAID 76.9617 ACRE i4o5 e6RNER8TONE comT.BEMAIGNT.NiKAS BEAUMONT. TEXAS 10050.0001 TRACT HAVING BEEN CALLED SOUTH 89'58'DD'REST 31435 FEET. (409)832-7236 FAX(409)832-7303 DATE:9-29-12 TASK 9 0:\PROJECTS\10060\10050.0001\Tcdt 0-IlonrnerMod&mt\5008OT9Ace...Ldwg Oct 02,2012 Oa 478m I i EXHIBIT C-2 HOSPITAL EASEMENT AREA (See attached) 062007.00754 163056 FRU&Shipman INC. ConscdWgErSginecrs and Land Surveyors Ronald D.Fn;P.E,R.P.LS.(1948.1987) Domicl R Ift P.L j Terry G.Shipman,P.E.,Chairman Walter J.Manic,R.P.LS. BIPYL Smith,Ir.,Pre6dent EXHIBIT C2,PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.0211 ACRE TRACT FOR AN ACCESS EASEMENT AGREEMENT OUT OF THE DAVED BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS SEPTEMBER 29,2012 That certain 0.0211 acre tract for an access easement agredment out of the David Brown Survey,Abstract 5,Jefferson County,Texas,and being out of a called 16.9617 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barber,Trustee as recorded in Clerks file No.2001029306 of the Official Public Records of Jefferson County,Texas,said 0.0211 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of the said 16,9617 acre tract having been called South 89°58'00'West BEGINNING at a capped iron rod found in the north line of the said 16.9617 acre tract and the south right-df way line of Stagg Drive for the southeast comer of a called 0.3530 acre tract described in Ordinance No.12.064 for the abandonment of a portion of Stagg Drive as recorded In Clerks Fde No.2012029748 of the Official Public Records of Jefferson County,Texas; THENCE South 89 656'52'East along the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 and 0.0211 acre tracts a distance of 36.39 feet(called South 89°59'39"East)to a point for the northeast comer of the said 0.0211 acre tract and the PC of a curve from which a'X"found in concrete for an angle point of the said 16.9617 acre tract bears South 89.58'52'Easf 5.16 feet(called South 89'59'39'East); THENCE along the east line of the said 0.0211 acre tract with a curve to the left having a chord bearing of South 20'.46'31'West,a chord distance of 19.86 feet and a radius cif 28.00 W.a distance along the curve of 20.30 feet to the PT of the said curve; THENCE South 00 000'22'West continuing along the east Una of the said 0.0211 acre tract a distance of 11.26 feet to a point for the southeast comer of the said 0.0211 acre tract; Fittz g Shipman,Inc. Page 1 of 2 Project No.10050.0001T9AccessesmtBapt Plat&Description 1405 Cornerstone Court•Beaumont,Texas 77706•(409)632-7238-fax(409)832-7303 Tx Board of Prof Engineers Finn No.1160•Tx Board of Prot Land Surveyors Finn No.100186 EXH141 'C2,PAGE 2 OF 3 THENCE North 89°53'48"West along the south line of the said 0.0211 acre tract a distance of 29.55 feet to a point for the southwest comer of the said 0.0211 acre tract; THENCE North 00°23'52"East along the west line of the said 0.0211 acre tract a distance of 29.79 feet to the POINT OF BEGINNING and containing 0.0211 acres of land,more or less. This description is based on a surrey made by Rtz&Shipman,Inc.during September 2012- Walter J.ksiazek S OP r° Registered Professional Land S rueyor No.5321 g'� o�arF Rryd,' tA�.TER d KSIA1,Eh . •NL V ly0,�'8�1/�.1 �Q �BURYE't Fittz g Shipman,Inc Page 2 of 2 Project No.i0050.0001T9AccessesmtBapt Plat&Description I I EXHIBIT C2, PAGE 3 OF 3 1 D®OF TRUST BETWEEN I BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND DEED OF TRUST BETWEEN T THE BANK OF NEW YORK. BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND WILLIAM L BARBER.TRUSTEE THE BANK OF NEW YORK. I CLERKS FILE NO.2DO1029306.MFJL-LC- iMLLAM J BARBER.7RUE I (PART OF A CALLED 10.2334 ACRES) CLERKS FILE NO.2OM029306,O.PJL A6 ! DEMANDER OF A CALLED 10.2334 ACRES) MINOR PLAT SET 1/2* p 15 �p 1 LOT 1 OF Ct OD COLLEGE STREET COMPLEX DIN S C A L E (TD BE RECORDED) CONCRETE , . I SET•1P s9YAf'4B•E 27-9k 1 CONCRETE CALLED S 89-SWOD" { ABANDONMENT w � ER NANCE MO..2T�T $ I � 1 CLERKS FILE NO,201202974a.O.P.R.1G (CALLED 0,3530 ACRD W$ C4 STAGG DRIVE _ FOUND POINT F ID i R 41 2800 "R` 19 "�"° w I IRON ROAD FouNo (CALLED N 693939'W) IRON (CALLED S 8980'39'E 1 N 6936'49'W 648-61 E 41 UP 1 CON TEN I (CALLED S 89'58'391 E) FOUND 1/2' 1 — I DEED OF TRUST BETWEEN IRON ROD _— BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND DEED OF TRUST BETWEEN 2 r— — THE BANK OF NEW YORK SOOT HOSPITAL OF = / 8 11 8 I CLERKS FILE NO.2001029306.MP.RJ.C. SOUTHEAST TPUIS THE BANG ST N YORK (REMANDER OF A CALLED ISM17 ACRES) *fI W14M 4 BARBER,TRUSTEE CLERKS FILE NO.2001029308,O.P.R.d.R I SURVEYOR'S CERTIFlCATION: *yN� q"�"�"""LL•��»«���"'��«L�L��* 1 t•„I (REMAINDER OF A CALLED 16.9617 ACRES) C3 ( 1 Do HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF. 9EP71•N CF4 J•11AMf.CTT� W"'1 THAT THIS 19 AN ACCURATE PLAT OF A SUIRVEY h DESCRIPTION MADE I ON 7NS oROUND UNDER 4Y SUPERVISION DURING SEPTE►18ER 2012 1� 5321, P MINOR PLAT ( Olt LOT 1 OF COLLEGE STREET COMPLEX I 'y�SURV>+y�Q (TO BE REOORbED) WALTER d PROFS 1}II REGISTERED PROFESSIONAL SURVEYOR 6321 ACCESS EASEMENT AGREEMENT pittz ihipma Mw=T NAM: BAPTIST HOSPITAL OF SOUTHEAST TEXAS 3 3 STAGG DRIVE PROJECT No. NOTE., REFERENCE BEARING IS THE SOITTN UNE OF THE SAO 16.91117 ACRE 1406 CORNERSTONE COURT.BEAUMONT,TEXAS BEAUMONT, TEXAS 10050.0001 TRACT IIAVNG BEETI CALLED SOUTH BWWOO'WEST 3343.5 FEET. 409)632-7236 FAX(409)932-7303 DAM 9-29-12 TASK 9 o\PRO+ECI 1 loobo\70030.NM01\Las.v—1bmm.rt,e0d fa,nl\1DD60T9Aeen.ernl•dr9 OL o2 2Di2 09 naK r EXIIIBIT C-3 HOSPITAL TEMPORARY CONSTRUCTION EASEMENT (See attached) 062007.00754 163056 Fittz&Shipman INC. Ronald D.Fittz,P.E.,R.P.LS.0948-1987/ Donald R.KIPE. G7 QltQ StlJVCyO� Terry Q Shrpman,P.E.,Chairmen Walter;.Kslazek,R.P.LS. Billy 1.Smith,Jr.,President EXIIIBTT C3,PAGE 1 OF 3 I FIELD NOTE DESCRIPTION I OF A 0.0799 ACRE TRACT FOR A TEMPORARY CONSTRUCTION EASEMENT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS SEP'T'EMBER 29,2012 That certain 0.0799 acre tract for a temporary construction easement out of the David Brown Survey,Abstract 6,Jefferson County,Texas;and being out of a called 16.9817 acre tract conveyed In a Deed of Trust between Baptist Hospital of Southeast Taxes and The Bank of New York;Wiliam J.Barber,Trustee as recorded In Clerks File No.2001029306 of the Official Public Records of Jefferson County,Texas,said 0.0799 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of the said 16,9617 acre tract having been called South 89°58'00'West COMMENCING at a capped Iron rod found in the north line of the said 16.9617 acre tract and the south right-of-way fine of Stagg Drive for the southeast comer of a called 0.3530 acre tract described in Ordinance No.12-084 for the abandonment of a portion of Stagg Drive as recorded in Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas; THENCE South 89'58'52"East along the said south right-af-way line of Stagg Drive and the said north rime of the 16.9617 acre tract a distance of 41.55 fed(called South 89°59'39"East)to a point for the most northerly northwest comer of the said 0.0799 acre tract and the POINT OF BEGINNING, THENCE South 89°58'52'East continuing along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 and 0.0799 acre tracts a distance of 5.16 feet(called South 89°59139"East)to a•X'found in concrete for an angle point; THENCE South 89°58'38'East continuing along the said south right-of-way Inns of Stagg Drive and the north fine of the said 16,9617 and 0.0799 acre tracts a distance of 51,30 feet(called South 89'59'39"Fast)to a point for the northeast corner of the said 0.0799 acre tract from Fjtfs g Shipman,Inc. Page 1 of 2 Project No.1 D050.0001T9TempConsEsmtBapt Plat&Description 1405 Cornerstone Court-8eaumontr Texas 77706-(409)832-7238-fax(409)832-7303 Tx Board of Prof EnBneen Firm No.,1160•Tx Board of Prof land Surveyors Flan No.100166 � u i EXRMIT C3,PAGE 2 OF 3 which'/s iron rod found for an exterior comer of the said 16.9617 acre tract bears South ' 89'58'38'East 248.83 feet(called South 89°59'39'East);; THENCE South 00°00'15"West along an east line of the said 0.0799 acre tract a distance of 15.58 feet to a point for an exterior comer of the said 0.0799 acre tract; THENCE North 89°57'16'West along a south line of the said 0.0799 acre tract a distance of 38.96 feet to an interior comer of the said 0.0799 acre tract; THENCE South 00°28'37"West along an east line of the said 0.0799 acre trad a distance of 55.00 feet to a point for the southeast comer of the said 0.0799 acre tract; THENCE North 89°31'23'Wdst along a south line of the.said 0.0799 acre tract a distance of 53.91 feet to a point for the southwest comer of the said 0.0799 acre tract; THENCE North 00°23'52" East along a west line of the said 0.0799 acre tract a distance of 40.34 feet to a point for an exterior comer of the said 0.0799 acre tract; THENCE South 89°53'48"East along a north line of the said 0.0799 acre tract a distance of 29.55 feet to a paint for an interior comer of the said 0.0799 acre tract; THENCE North 00°00'22"East along a west line of the said 0,0799 acre tract a distance of - 11.26 feet to the PC of a curve; THENCE along a west fine of the said 0.0799 acre tract with a curve to the right having a chord bearing of North 20'46'31'East,a chord distance of 19.86 feet and a radius of 28.00 fed,a distance along the curve of 20.30 feet to the POINT OF BEGINNING and containing 0.0799 acres of land,more or less. This description is based on a survey made by Fittz&Shipman,Inc.during September 2012. �� ZE OF T�cs Waiter J.Ksiazek Registered Professional Land Su eycr No.5321 WAU'ERJ.K51AZBt y 5321 P OA, s,0 lf�o BUHVrC�o� Fine g Shipman.Inc Page 2 of 2 Project No.10050.0001T9TempConsEsmtBapt Plat&Description i EXHIBIT C3. PAGE 3 OF 3 M DEED of TRwsr SOUTHEAST •-• W . BAPTIST HOSNTAL OF SOUMEASr TEXAS AND DF7D OF TRUST BEIVEtT1 THE BANK OF NEW YORK, BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND VA LIAM J.DARBFA.TRUSTEE THE BANK OF NEW YORK. CLARKS F6E NO.2001079306.OP.R.J.C. V/6UAM L BARBER,TRUSTEE (PART OF A CALLED 10.2734 ACRES) CLERKS FEE Na 2001028306,OPJLJ.G (ttE]IABmkR OF A CALLED 10.7174 ACRES) 00 MINOR PLAT SET t/z• CAPP LOT 1 OF Cl ED COLLEGE STREET COMPLEX IRON ROD IN (TO BE RECORDED) CONCRETE SET X IN 0538'46'E 27 CONCRETE CALLED S 68'58'00' ABANDON ENT OF STREET ORDINANCE NO.12-064 ' CLERKS FAE 140. 2(112028746.OP.R.J.C. (r.itrn 0.3570 ACRE) Ca STAGG DRIVE COMMENCING Z POINT OF iNUMMIOMTA 1w loco FOUND PQ�NT BEGINNING c oo V IRON ROD FOUND FOUND LjOr CAPPED CONCRETE N (g I M S E9[,700,tj) PON ROD (CALLED i 939544851 IRIX4 R00 (CdH1�S 88'69'x' �- 3eSS t i E E 24&23 g DEED OF TRUST EETAM �'!' �^._ BAPRS7 HOSPITAL OF SOUTHEAST TEXAS AND CZ C3 N 28 e W Be w VuIAM L RAR117,TRUSTEE DEED 5 TRUST BETIIE.L71 aAPDSr HosPIrAL OF CLERKS FEE NOR 2amo26701I,o.PJL.EC. tE.� TF SOUTHEAST TEXAS AND (RENANDER OF A CALLED 18.8617 ACRES) y'<<:G� 't7� THE BANK OF NEW YM, * •Qi� •,>k WAUAN L BARBER.TRUSTEE CLERKS FK.E N0.2001028306.MFJLAC. y &•••••••••••••».......ZEK (RtlIANOER OF A CALLED 16.6617 ACRES) # SURVEYOR'S CERTIFICATION: WALTER J.KSIAZEK V.,1 i 1 DO HEREBY CERRFY.TO THE BEST OF NY KNOWEFDGE AND BELIEF. Y•"'»«• 21••""•••Y• bi THAT TWS is AN ACCURATE PLAT OF A SURWY&DFSCt�TON MADE ••A yi MINOR PLAT ON THE.GROUND UNDER MY SUPERVISM OURINO SEPTENBER 2012. ���Q�-Y' z ( •. Gb51 Q COLLEGE LSTREET OF �61 SURVKO (TO BE RECORDED) N a" W WALTER L KSIAIIX REGISTERED FIRWESSMAL, NO. F �h� 8!1 TEMPORARY CONSTRUCTION EASEMENT SHEET W, PROMT NUM BAPTIST HOSPITAL OF SOUTHEAST TEXAS STAGG DRIVE PROECT N0. NOTE REFERENCE BEARNG IS THE SOUTH LIKE OF THE SAM 16.8617 ACRE 1405 CORNERSTONE COURT.BEAU ONT.TEXAS BEAUMONT. TEXAS 10050.0001 TRACT HAVING BEEN CALLED SOUTH BS'Se'00-VEST 750.35 FEET. (409)277-7236 FAX(408)232-73D3 a\PROJEC-M 10050 LOMOM\Tak 9-)ta ffhood Eemt\10050TBACcu.mrnLd" Oct 10.2012 10:54am REM6ED: 10-18-12 DATE:9-2g-12 TASK 9 EXHIBIT C-4 CITY TEMPORARY CONSTRUCTION EASEMENT (See attached) 062007.00754 163056 Fittz&Shipman INC, Ronald D.rmtq,P.E,RP.LS.(19<&1987) Consulting EngLu rn and Land Suveyors Donald R King,P.E Terry Q Shipman,P.rs,Chairman %1+ w J.Kdeuk,RP.0 1 9111y L Sm N Jr.,President EXIBBIT C4,PAGE i OF 3 FIELD NOTE DESCRIPTION OF A 0.1274 ACRE TRACT FORA TEMPORARY CONSTRUCTION EASEMENT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS i SEPTEMBER 29,2012 That certain 0.1274 acre tract for a temporary construction easement out of the David Brown Survey,Abstract 5,Jefferson County,Texas,and being a portion of Stagg Drive,said 0.1274 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the.south line of a called 16.9617 acre tract conveyed in a Deed of of Trust between Baptist Hospital Southeast Texas and The Bank of New York,Wiliam J. Barber,Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson County,Texas having been called South 89°58'00°West. BEGINN1Nt3 at a capped iron rod found in the north line of the sold 16.9617 acre tract and the south right-of-way line of Stagg Drive for the southeast corner of a caged 0.3530 acre trail described In Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded in Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas and the southwest comer of the said 0.1274 acre tract; THENCE North 00'23'31'East along the east line of the said 0.3530 acre tract and the wast line of the said 0,1274 acre tract a distance of 59.89 feet(called North 00'22'411'East 59.89)to a'r set in concrete In the south line of a called 10.2334 acre tract conveyed in the said Clerks File No.2001029306 and the north right-of-way line of Stagg Dive for the northeast comer of the said 0.3530 acre tract and the northwest comer of the said 0.1274 acre tract; THENCE South 89'59'48'East along the said north right-af-way line of Stagg Drive,the south line of the said 10.2334 acre tract and the north line of the said 0.1274 acre tract passing at a distance of 27.96 feet(called South 89'58'00'East)a W capped Iron rod in concrete set for referents,and continuing a total distance of 9244 feet to a point for the northeast comer of the said 0.1274 acre tract; Fgtta&Shipman,Inc. Pagel of 2 Project No.10050.0001 T3ConstructesmtC)ty Plat&Description 1405 Comerstone Court.Beaumont,Texas 77706•(409)832-7236 fax(409)832-7303 Tx Board of Prof Engineers Firm Na 1160•Tx Board of Prof Land Surveyors Finn No.1001 B6 i EXHIBIT C4,PAGE 2 OF 3 „ THENCE South 00'00'15"West along the east line of the said 0.1274 acre tract a distance of 59.92 feet to a point in the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 acre tract for the southeast comer of the said 0.1274 acre tract from which a I Iron rod found for an exterior comer of the said 18.9617 acre tract bears South 89'58'38"East 248.83 feet(called.South 89'59'39'East); THENCE North 89.58'38°West along the said south right-0f-way line of Stagg Drive,the said north line of the 16.9617 acre tract and the south One of the said 0.1274 acre tract a distance of 51.30 feet(called North 89°59'39'West)to a"X in concrete found for an angle point; THENCE Forth 89'58'527 West continuing along the said south right-of-way line of Stagg Drive and the said north One of the 16.9817 acre tract and the said south One of the 0.127+1 acre tract a distance of 41.55 feet(called North 89'59'39'West)to the POINT OF BEGINNING and containing 0.1274 acres of land,more or less. This description is based on a survey made by•Fittz&Shipman,Inc.during September 2012, OF fi Walter J.Ksiazek Registered Professional Land Sur, or No.5321 N61.TE�"'a"d 1 ...:.... 3321 !'ryo�satoQA SUfl1tE'I Fittz B SJdpman,Ina Page 2 of 2 Project No,10050.0001T9ConstructesmiCity Plat&Description _... .................................... ................._....... EXHIBIT C4, PAGE 3 OF 3 i OLT'D OF TRUST BE'111EE11 BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND OEED Or 7RU9T.BE1WEFN THE BANK OF NEW YORK, BAPTIST HOSPITAL CP SOUTHEAST TEXAS AND YlWAM L BARBER.TRUSTEE THE BANK OF NEW YORK. CLERKS FILE NO.2001010706.O.P.RAC. WIILAM A BARBER.7RUSTEE (PART OF A CALLED IM2374 ACRES) CLERKS FU N0.2001029306.O.PR..LG (REMAINDER OF A CALLED 10.2374 ACHES) ! MINOR PLAT C1 0 l i COLLEGE STREET COMPLEX L (To BE RECORDED) CaHCRETE 27.90 RA, SET /S 9'M 92.44 I CONCRETE CALLED 9883500'E) AORDIN NCEM DF STREET �W CLMKS�MO. 20120"17-0O . P.L.LC- �a,�',r •1 ;7 (CALLED O.UW ACRE) . t2L'S} „) STAGG DRIVE POINT OF FOUND BEGINNING / ON � Na /IRON (CALLED N 89' 548.1 ([01520 N W 49' N 6938'48'W 648.81 152150'03'W 41 65' 89 W 61 s e01w'36'E tDaffi (CALLED S 69158'39'E) FOUND 1/2' IRON ROD C2 _—� DEED OF TRUST BETWEEN r^ BAPHST IR/SPRAL OF sOUTHEA.ST TEXAS AND lNE BANK OF NEW YORK. ' DEED OF TRUST BETWEEN W I MLLIAM J.BARBER.TRUSTEE BAPTIST HOSPITAL OF CLERKS FILE NO,28MO20308.OPR.J.C. SOUTHEAST TEXAS AND I (REMAINDER OF A CALLED 160817 ACRES) l�o'tit ki THE SANK OF NEW YORK, "LUAM J.BARBER.TRUSTEE i SURVEYOR'S CERTIFlCATION: MITER �'�A���� CLEAKs FILE NIX 20010283011.D.P.R.J.C. z WALTER J.KOMK r-E (REMAINDER OF A CALLED 16.9617 ACRES) C3 I 1 DO HERBY CERTIFY,TO THE BEST OF NY KMQ% w AND SE185. ....................,,.. THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE .0 ON THE GROLM UNDER MY SUPERVLSK!N DURING SEPTEMBER 2012. '0O $321 \fir MINOR PLAT � f. ''+g.—w' �� LOT 1 OF I k7 sUNVfa'O COLLEGE STREET COMPLEX _J (TO BE RECORDED) —— — -- WALTER a KSUI2EK REGISTERED PROFESSIONAL l/J7 SURVEYOR No.6321 TEMPORARY CONSTRUCTION EASEMENT SHEET NLL fittz&Shlpman 3 W_ PROJECT NAME: CITY OF BEAUMONT I STAGG DRIVE PRDJEGT NOTE REFERENCE BEARING IS THE SOUTH ENE OF THE SAID 16-8617 ACRE 1405 CORNERSTONE COURT,WAUMONT.TEXAS BEAUMONT, TEXAS 10050.0001 TRACT HAVNG BEEN CALLED SOUTH 6036'ODr WEST 350.35 FEET. ( )632-7236 fAX(409)632-7303 DATE:9-29-12 TASK 9 C: PROJECTS\1005 100.0.0001\Task 9–HammarMad Ewmt\H)O5OT9Awssesmtdwg Ocl 02.2012 0901om I I Y _t EXHIBIT C-5 SITE PLAN WITH KNOX BOX (See attached) 062007.00754 163056 erne ,..-twwwV.•.,.�+.aww «tn tw•or-• �,• + � ...i°.•lay t //�1•t I .'• 1111S"U1 j' c;:.• r. 1 n, �7� 1.3:.7 '�!°. 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