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HomeMy WebLinkAboutRES 23-015RESOLUTION NO. 23-015 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with the Port of Beaumont Navigation District, to exchange land pursuant to the authority, under the provisions of, and in accordance with Chapter 791 of the Texas Government Code and to.i.ncrease the efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and .services. to .and from the Port of Beaumont. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City -of Beaumont this the 10th day of January, 2023.. I LIP- a y • r Robin Mouton INTEMLO CAL AGRELNEINT BETWEEN THE' PORT aT BEAUI ONT' NAVIGATION DISTPJCT Or' &F><RRSON COUNt, TEXAS AND THL, CITY Or BEAUMONT, TiXAS STATE Or` TEXAS § COUNTY OF JETIi♦ERSON § This Interlocal Agreement (the ".A,greernent") made and entered into by and between the Port of Beaumont Navigation District of Jefferson County, Texas (tile "Poet„)"), acting herein by and through its Presl4ent of the Board of Commissioners, and the City of Beaumont, Texas, a munielpal corporation (the "City"), acting by and through, its Mayor. RECITALS: WHEREAS, the Port is a navigation district of the State of Texas, authorized under Section 59, Article XVI of the Texas Constitution and the City is a home rule munlcipallty acting pursuant to the Charier of the City of Beaumont, Texas and WHEREAS) and the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorized units of local government to contract with one or more units of local government to perform government functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, the exchange of real property located within the City and Port District, and for such other and further acts of cooperation as the panties may subsequently agree to by the execiltlon of a separate and specific agreement ratified by the governing bodies of each contracting panty, specifically the City Council of the City of Beaumont and the Port Board of Commissioners; and WHEREAS, City and the Port have investigated and determined that It would be advantageous and beneficial to both the City and the Port and its inhabitants for the City for the exchange. of property to support economic growth. WHEREAS, the City and the Port deem it to be in the best interest of both entities to enter into this Agreement relative to the exchange of real property and for such additional services as the parties may subsequently agree to by the execution of separate and specific agreements, and in consideration of the mutual covenants contained herein, the City and the Port agree as follows. NOW, THEREFORE, the Port and City, Inn consideration of the recitals set forth above, whiph aro incorporated into this Agreement as if fully set forth below, and In consideration of such other agreements as contemplated, agree as follows: L By action of the Pont Board of Comnaoissioners on , 2022, the Port hereby AXIMIMM approves to deed approximately 6.710 acres of real property adjacent to the City's River Front Park to the City, except that 2,641 acres of zeal property corresponding to the locations of the rail tracks owned by the BNS1~, Union Pacific, Kansas City Southern or the Port dull be retained by the Poet to provide rail access casements to BNSF, Union Pacific and/or Kansas City Southern Railroad leading to the fort ("the Property") as described and shown on warranty deed and property drawing as Attachment A hereto. 2. By action of the Beaumont City Council on , 2022, the City hereby approves to abandon or otber~wlso convey approximately 1.819 acres of real property consisting of Sabine Pass Avenue from Blanchette Street to Emmett Street ("Sabine'Pass AvenuePropcity") adjacentto the Pont ofBeattmont as described and shown on property drawing attached as Attachment Whereto. 3. The City agrees to abandon all City roadways, alleyways and easements (except for City water, storm and sewer mains, if any) adjacent to, or through, Port owned property bordered by Buford, Carroll, Schwaxner and Port Streets, including portions of Lamar, Stewart, Powell, Lelpe7r and Herring Streets and Herring Alley as shown on A.ttaclunent C (Future Storage Lot) hereto, provided that Port meets City requirements of property ownership of both sides of the City streets to be abandoned. 4. The Cily agrees to zone Port awned property shown on Attachment C (Future Storage Lot) and Attachment D (Truck Staging Areas) hereto as P ort District Zoning. 5. la the exercise of their respective roles and responsibilities under this Agreement, the 'Port and the City each act in an independent capacity, and no party is to be considered the officer, agent, or employee of the other. 6. Any notice given hereunder by either party to the other shall be in writing and inay be affected by personal delivery In writing or by cortifted mail, return receipt requested•. port of Beaumont Navigation District of Jefferson County, Texas .ATTN: David C. Fisher 1225 Wain Street Beaumont, Texas 7770' City of Beaumont ATTN: City Manager p. 0. Box 3827 Beaumont, Texas 77704 7. This Agreement contains the entire Agreement between the parties :relating to the rights herein granted and the obligations herein assumed. Any oxal representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing signed by both parties. 8. This Agreement -shall be governed by and constructed in accordance with the laws of the State of Texas. No assignment of this A.greeineat or of any right accrued hereunder shall be niado, in whole or in part, by either party without the priorvvritten consent of the other party. Venue shall be in Jefferson County, Texas. 9. The undersigned officer and/or agents of the laartics hereto are the properly authorized officials of the party presented and have the necessary authority to execute this Agreement on behalf of tiro parties hereto and each par ty hereby certifies to the other that: any necessary resalutloias extending said authority have been duly passed and approved and are now in full force and effect. IN WITNESS WBEREOP, the parties have executed his ,Aweeniont, which shall be effective upon the elate it is -signed by all Parties. EXECUTED this day of , 2022. The Port of BeauwontNavigation District of 3effersoji County, Texas Title: EXECUTED this day of 2022. The City of Beaumont, Texas 52 Title; ATTACHMENT A rf•''��I��:�t NL1T 6f L � E rs,ri>u aL{lF IT n I :11 S I II} I i tt,t itl I I t I irm.-s.Si�Y III `3 E I I E �¢ - I I .elm IT18 6r)rsES I. 62 , .- •,-'�•-;:'',: rc. TEXAS � t r • \ a s \ lug+= \ \ An G �\ Ciorao.srT fw.r rw: � KL usrlt-c»ate �'+lnR.�u 0 ` yx[�f!»1�1 ai p�5i le If wa.f t=�+tp P1'.tL •Aiii -ra :i VILL ri[o wxroRx.r�rw Oi's.� iaac '.m uq 4i.th[rfnrl Ki IMn I [ms P41�f PR • ••[ ^41:vw' rV.Lxrf Cl vf><>n rntl'2a!44�Sp�a V91[r-!t Vlyytr x[+IX ro lY 1 � [�rl w.wr nATa-. !8[.:.ttua+cmwi*c. ' v rva.. 1[twN wrx :n :i-S1 A5A 'A3r � i. n�i.:ix[a�vv��iFl � �L%,u+i�wrt. V Ii.Nvtl rr'.%.�[m�'t. xT0lrf+IR,."Z;p P(.y ltl-1r, ; c�. I� yv rpr.o tv�•rl 'f ti'�.Miw4 �v n r:+ t)•I.{[ k N�[A•P1+...0 I1n. Iv }=1, Ii iL .sMura4'MYI ul xir'aro ln[4a1..�l.av [ttccr, yvt l t[ [iris r• nr�a..rut�?[�wJvy-�` n ��inins[i •r.4 sinr :%ersi'"' w'�x+.:a rx .tAA.,,Tin 3737 t 776 Pa:LMLar.Tr.ex77642 7d.400.0".=4 SURVEYORS tf FJtC1IUAL5 W tP�..Q5 FaY 2tl(b } Z nulrs}Isn'cCo — u;zrm s["mr,x[[..[ uw xTno[ xo [ix a rt m_pm. ns[ rn rrc+>" c—. r.q[ rc i Puas [.b Fsro LW all u os lur f :msir L nt1' rar allpm mt lu511YrT M!r flilTrLLiA P'raA bCi11 :luf Arei SC.L 1' - TP7 r3sr%[ia as st f aru t� m uxa. rcn [xrn uvrr,a r[o.+l. vprlr ais& 1/Ii/zsxi 51[ Cll.v 6r Ea[ Si, _[x1•xvr 1i G26:rd Br; AVl Ir, rr[As TnaL sirf� j OF I AITACINENTA ATTACHMENT B rw-rAr..ra n'r...•I n 4.u.w.r wR.�+..uvuv..ta a� ..raKa..�rurt.m....[ub.�•.......nr.✓e—� ..aa•fumn.�rsl..«v..van.....m.n,.tb� Y FIe."�'a 11514 6 I.[ rf�����m�wsy A3i'I si—'hy' ry��_� _1 • I.a �e...n.n l.... .-.ew.rr ..m..ea..,.In.'.. s���tl � �yvLw w gyp' rrm1�'N'IR rVOW f�.]r+5t+` . 'Nil fs R iVF i� 4 � y11 cl zn • l 1 nn [Iwwl � . - eu •ram.[ 41�'a,�oe'y a a' c�[F Yv _ 1 'w f �IYLIF�im�Y U `9�in•.. L`� a�f+?Is ea 4r �����a ca .mp4Oi ana�[%� rtYI ISaH'_fr:s i.ei. Kao-i�l�rva 'L iir yy`LL �� M'caf� tH4 ;m< cgrccao m:ii In�s.o.j �[ [rc a. K�.CM1R.%cii�iV [MI.m'. •� irtcl�a<i: a<.. 1>f!.]1T{ Kaa[rfa l.c.10.1.-ungf�9y1 '' 6hShc � I`iW Htr. 18-5111 a+anif maw.a Jf'F4.2F4L9L - "I u.yl ..nh.f•+vb ••.•- u.,� dP�4 Oumx SURVEYORS 51�J 37J7 ./V�.GtA DI�YG rurtA:iLur�Tewr Tlai4 Tel-0lX},083.'ZOOt thl .1RL4 M�•n t e[lY 1N[awlw as . fl rui an.r 1. rr: f .[ n rM yr�ewnlr,'•a.:s" SCfiE r• fY PFn10A fc 10/rii0il n,.rs, as, we ,•.-""' 1 } �4 Q Ct CNGWfff1C r C 09 U� sool�k.+cyars[nm olr r uv ru al ems., VO lslrv.s 71101 O.Cdi4 6L F1L arrFa� nr. aIc fill LSl � trl` TSPE Firm No. F-5755 x r =eta W, 7BPL5 Firm No..10123800 j LA FF.0005711 Doctors Drive TE x-r- Pori Arthur, 6xas'77647 SURVEYORS�'ENGINEERS - �- - Office (409) 983.2004 Fax (409) 983.2005 1.819 ACRES OF LAND FOR RIGHT-OF-WAY ABANDONMENT PURPOSES PART OF THE NOAH TEVIS SURVEY, ABSTRACT NO.52 JEFFERSON COUNTY, TEXAS BEING 1.819 acres of land, for right-of-way abandonment purposes, part of the Noah 'Tevis Suavey, Abstract No. 52, Jefferson County, Texas; being part of a public right-of-way known as Sabine Pass Avon -Lie; said 1.819 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. COMMENCING at a brass disc in concrete, found on the intersection of the Southeast right-of- way line of Blanchette Street and the Northeast right-of-way line of Pennsylvania Avenue, for the most :northerly point of a boundary line agreement between the City of Beaunnnont and the Port of Beaumont Navigation District, recorded in Volume 2092, Page 3, Deed Records, Jefferson County, Texas; said brass disc in concrete having coordinates of N: 11971594.98, E: 3520114.32; THENCE, North 45 deg. 59 min. 50 sec. East, on the Southeast right-of-way line of Blanchette Street, a distance of 89.20' to a concrete monument, found on the intersection of the Southeast right-of-way line of Blanchette Street and the West right-of-way line of Sabine Pass Avenue, for the Northwest corner of a (Called 0.21.2) acre tract of land described in a deed to the City of Beaumont, recorded in Volume 1368, Page 566, Deed Records, Jefferson County, Texas, and the POINT OF BEGINNING of the herein described tract; said concrete monument having coordinates of N: 13971656.95, E: 3520178.48; THENCE, North 45 deg. 59 min. 50 sec. East, continuing on the Southeast right-of-way line of Blanchette Street and crossing Sabine Pass Avenue, a distance of 46.00' to a half -inch steel rod, capped and marked "SOUTEX", found on the intersection of the Southeast right-of-way line of Blanchette Street and the East right-of-way line of Sabine Pass Avenue, for the most northerly comer of the (Called 0,212) acre tract, and the most northerly corner of the herein described tract; THENCE, on the East right-of-way line of Sabine Pass Avenue, on the are of a curve to the right, having a radius of 173.00', an arc distance of 956.33', a chord bearing of South 11 deg, 28 min, 37 sec. East, a chord distance of 186.08' to a half -inch steel rod, capped and marked "SOUTE C', found for corner; THE, continuing on the East right-of-way line of Sabine Pass Avenue, on the are of a curve to the left, having a radius of 127.00', an are distance of42,90', a chord bearing of South 11 deg. 25 min. 38 see. West, a chord distance of 42.69' to a half il-rch steel rod, capped and marked "SOUTEX', found on the lime described in said boundary line agreement between the City of Beaumont and the fort of Beaumont Navigation District, for the most southerly corner of the (Called 0.212) acre tract; THENCE, South 43 deg. 59 min. 26 sec. East (Called South 40 deg. 16 min. 18 sec. East), on the line described in said boundary line agreement, a distance of 2,50' to a half -inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 02 deg. 20 min, 29 sec. West (Called South 06 deg. 05 ruin. 55 sec, West), continuing on the line described in said boundary line agreement, a distance of 9.45' (Called 7.30') to a half -inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 03 deg. 29 min. 33 sec, East (Called South 00 deg, 15 min. 53 sec, West), continuing on the line described in said boundary line agreement, a distance of 20.07' to a'half inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 06 deg. 09 min. 14 see. East (Called South 02 deg. 23 min. 48 sec. East), continuing on the line described in said boundary line agreement, a distance of 236.42' to a half - inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 11 deg. 30 n1in. 38 sec. East (Called South 07 deg. 45 mitt.. 12 sec. East), continuing on the line described in said boundary line agreement, a distance of 87.03' to a half - inch steel rod, capped and marked "SOUTEX', found for corner; THENCE, South 26 deg. 07 min. 08 see. East (Called South 22 deg. 21 ruin.. 42 see. East), continuing on the line described in said boundary line agreement, a distance of 246.47' to a half - inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 44 deg. 16 min. 53 sec. East (Called South 40 deg. 31 min. 27 sec. East), continuing on the lute described in said boundary line agreement and an extension of the same, a distance of 382.01' to a half -inch steel rod, capped and marked "SOUTEX", found for an angle point in the West line of a tract of land described in a deed to the Port of Beaumont, recorded in Film. Code 102-97-0286, Official Public Records, Jefferson County, Texas, and the Southeast corner of the herein described tract; from which, a half -inch steel rod, capped and marked "SOUTEX", found for the most northerly corner of a tract of land, known as Tract B, described in a deed to the City of Beaumont, recorded in Volume 2066, Page 367, Deed Records, Jefferson County, Texas, bears South 03 deg. 24 min. 26 see. East (Called South 00 deg. 21 ruin. 00 sec. West), a distance of 413.5 V; THENCE, South 87 deg. 04 min. 58 sec. West, a distance of 145,18', to a point for the Southwest corner of the herein described tract; from which a MAG nail, set on the South right of way line of Emmett Avenue and the North line of a tract of land described in a deed to Downtown Brick and Tile Inc., recorded in File No. 2003021234, Official Public Records, Jefferson County, Texas, bears South 02 deg, 55 min. 02 see., East, a distance of 59.70; from said MAG nail, a half -inch steel rod, found for the most northerly common corner of a (Called 0.91) acre tract of land described in a deed to Frontier Machine Works, LLC, recorded in File No. 2012041852, Official Public Records, Jefferson County, Texas and a tract of land described in a deed to Downtown Brick and Tile Co. Inc., recorded in bile No. 2003015320, Official Public Records, Jefferson County, Texas, bears South 87 deg. 04 min. 58 see. West, a distance of 144.3 V; also from said MAG nail, a "X" mark in concrete, set on the intersection of the West right-of-way lime of Sabine Pass Avenue and the South right-of-way line of Emmett Avenue, for the Northeast corner of said Downtown Brick and Tile tract recorded in File No. 2003021234, bears North 87 deg. 04 min. 58 see. East, a distance of 91.54'; from said "X" mark in concrete, a half -inch steel pipe, found for the most easterly common corner of a tract of land described in a deed to Kevin Torres, recorded in Film Code 104-53-1142, Official Public Records, Jefferson County, Texas and said Downtown Brick and Tile tract recorded in File No. 2003021234, bears South 03 deg, 25 min. 02 sec East, a distance of 206.50'; THENCE, North 02 deg. 55 min. 02 sec. West, a distance of 31.86' to a half -inch steel rod, capped and marked "SOUTEX', set for corner; THENCE, on the are of a curve to the left, having a radius of 2597', an are distance of 18.89', a chord beating of North 23 deg. 45 min. 03 sec. West, a chord distance of 18.47' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, North 44 deg. 35 min, 02 sec. West, a distance of 249.27' to a halfuxch steel rod, capped and marked "SOUTEX", set for corner; THENCE, on the are of a curve to the right, having a radius of 263.08', an are distance of 121.16', a chord bearing of North 31 deg. 23 min. 27 sec. West, a chord distance of 120,09' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, the following bearings and distances to half inch steel rods, capped and marked "SOUTEX', set for comer: North 18 deg. 11 min. 52 sec. West, 22.03' North 10 deg. 07 min. 02 see. West, 43.87' North 11 deg. 07 min. 54 see. West, 60.27' North 11 deg. 17 min. 50 sec. West, 59.90' North 11 deg. 01 min. 14 see. West, 60.1 l' THENCE, North 08 deg. 39 min. 31 sec. West, a distance of 60.50' to a "X" mark in concrete, set for corner; THENCE, North 06 deg. 30 ruin. 52 sec. West, a distance of 62,08' to a MAG nail, set for corner; THENCE, North 06 deg. 07 min. 07 sec. West, a distance of 37.98' to a "X" mark in concrete, set for comer; THENCE, North 04 deg. 14 min. 07 sec. West, a distance of 39.55' to a "X" mark in concrete, set for corner; THE, North 04 deg. 12 ixw. 46 see. West, a distance of 32.52' to a half inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, North 04 deg. 38 min. 31 sec. West, a distance of 22.58' to a half inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, North 03 deg. 16 min. 53 see, East, a distance of 36.47' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, on the arc of a curve to the right, having a radius of 173.00', at 3596' along said are, passing a concrete monument, found on the line described in said boundary line agreement, for the Southwest corner of the (Called 0.212) acre tract, and continuing a total arc distance of 53.81' to a concrete monument found for comer; said curve having a chord bearing of North 12 deg. 11 min. 33 sec. East, and a chord distance of 53.60'; THE, on the are of a curve to the left, having a radius of 127.00', an arc distance of 144.23', a chord bearing of North 11 deg. 28 min. 42 sec. West, a chord distance of 136.60' to the POINT OF BEGINNING, and containing 1.819 acres of land, more, or less. This description is based on the Land Survey made under the direct supervision of Randall Aivey Creel, Registered Professional Land Surveyor No. 6678 on January 15, 2019. City of Beaumont 18-1I11-Rev I ATTACHMENT C M404 r GENERAL NOTES ROPERTY IS SHOWN AS HATCHED, RE20NEARERASPORTOISTRICfANO r EINTERESC(OEEO(ABANOON}TO PORT (_ IN YELLOW, INCLUOIN6 ANY UTILITY NTS NOT SHOWN. CtMS RELEASE GENNT UPON PORT OWNING PROPERTY BY SAID STREETS, S OF PORT PROPERTY SHOWN FOR NCE ONLY. IVWAAN ATTACHMENT D GENERAL NOTES 7 rlarY iPROPERTYISSNOWNASHATCHED. TO REZONE AREAS AS PORT OISZRIGT. ENTS OF PORT PROPERTY SHOWN FOR ERENCE ONLY. REVISIONJISSUE I YMI MM/DD ol-l-fUF Sm EAU NIT ATTACHMENT D GENERAL WARRANTY DEED From the Port of Beau►-nont Navigation District of Jefferson County Texas to the City of Beatnnont NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE .FOLLOWING INFORMATION FROM THE INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED THE STATE OF TEXAS § COUNTY OF JEFFERSON § The Port of Beaumont Navigation District ("Grantor") in consideration of tile. sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration, to Grantor in nand paid by the City of Beaumont, Texas ("Grantee") the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, to Grantee, all that certain property situated in the County of Jefferson, State of Texas, described as follows, to -wit; That 6.710 acres of land, part of the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas; being all of a (Called 0,5491) acre tract of land described in a deed to Pont of Beaumont Navigation District, recorded in Volume 1590, Page 48, Deed Records, Jefferson County, Texas, all of a (Called 0,0764) acre tract of land described in a deed to fort of Beaumont Navigation District, recorded in Volume 1818, Page 48, Deed Records, Jefferson County, Texas, part of Mulberry Street, Hickory Street, and Tevis Street, abandoned per ordinance No. 69-39, dated June 17, 1969, recorded in Volume 1901, Page 321, Deed Records, Jefferson County, Texas, part of several tracts of land described in deeds to Port of Beaumont Navigation District, recorded in Volume 769, Page 361, Volume 1818, Pages 55 and 58, and Volume 1973, Page 471, Deed Records, Jefferson County, Texas; said 6.710 acre tract being more fully described by metes and bounds in Exhibit A and except that 2.641 acres of land, out of and a part of the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas; being part of an 6.710 acre tract of land surveyed by Soutex dates October 19, 2020; said 2.641 acre tract being more fully described in Exhibit B (collectively the "Property). This conveyance is made subject only to the following: (1) all exceptions, reservations and conveyances of minerals and/or royalties, oil and gas and/or mineral leases, affecting the above described property, of record in the Office of the County Clerk of Jefferson County, Texas, to the extent they are still in effect and relate to the above described property; (2) taxes on the above described property for 2022 and subsequent years not yet due and payable; and TO HAVE AND TO HOLD, the said Property, with all rights, heredita►nents and appurtenances thereto belonging, unto Grantee, its successors, heirs, and assigns forever. And Grantor does hereby bind itself, its successors, heirs, executors, administrators, and personal representatives to WARRANT AND FOREVER DEFEND the title to said property unto Grantee, its successors, heirs, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, When Grantor or Grantee or both of them are more than one (1) person, or when Grantor or Grantee or both of them are a corporation, limited liability company, partnership, trustee, administrator, executor, or personal representative, this Deed shall read as though pertinent verbs, nouns, and pronouns are changed correspondingly, and pronouns of the masculine gender where used herein shall be construed to include persons of the female sex. When this Deed is executed by or to or by and to a corporation, limited liability company or partnership, references to "heirs, executors, administrators, and personal representatives" shall be, appropriately disregarded, and when this Deed is executed by or to or by and to a natural person or persons, references to "successors" shall be appropriately disregarded. Grantee has joined in this Deed to evidence Grantee's acceptance of this Deed. EXECUTED this the day of _ , 2022. GRANTOR: Port of Beaumont Navigation District of Jefferson County, Texas Pat Anderson, Board President THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the _ day of ,2022, by Chris Fisher, Port Director/CEO on behalf of the Port of Beaumont Navigation District of Jeffe►•son County, Texas. Notary Public, State of Texas 02006667 Page 2 GRANTEE: The City of Beaumont, Texas By: Attest: THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the � day of , 2022, by of the City of Beaumont, Texas Notary PUbiic, State of Texas GRANTEE'S MAILING ADDRESS: City of Beaumont, Texas 1)2G06667 Page 3 EXI-IIBIT A 112006657 Page 4 ,; .. TSPE Firm No. F-5755 T13PL5 Firm No. 10M800 LA EF.0005711 i5 �_ __ a = - N.1 TE _. 1737 Doctors drive Port Arthur, Texas'77642 SURVEYORS Office (409) 983,2004 ...Fax (409) 983.2005 Tract 1 6.710 ACRES OF LAND PART OF THE NOAH TEVIS SURVEY ABSTRACT NO, 52 JEFFERSON COUNTY, TEXAS BEING 6.710 acres of land, part of the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas; being all of a (Called 0.5491) acre tract of land described in a deed to Port of Beaumont Navigation District, recorded in Volume 1590, Page 48, Deed Records, Jefferson County, Texas, all of a (Called 0.0764) acre tract of land described in a deed to Port of Beaumont Navigation District, recorded in Volume 1818, Page 48, Deed Records, Jefferson County, Texas, part of Mulberry Street, Hickory Street, and Tevis Street, abandoned per ordinance No. 69-39, dated June 17, 1969, recorded in Volume 1901, Page 321, Deed Records, Jefferson County, Texas, part of several tracts of land described in deeds to Port of BeaumontNavigation District, recorded in Volume 769, Page 361, Volume 1818, Pages 55 and 58, and Volume 1973, Page 471, Deed Records, Jefferson County, Texas; said 6.710 acre tract being more fully described by metes and bounds as follows, to wit; }Vote; Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SinartNet, North America. COMMENCING at a "X" mark in concrete found on the intersection of the North right- of-way line of Elizabeth Street and the West right-of-way line of North Cypress Street, for the Southeast corner of Lot 746, Block 22, Beaumont Townsite, recorded in Volume 448, Page 249, Deed Records, Jefferson County, Texas, and the Southeast corner of a (Called 0.5763) acre tract of land, known as Tract III, described in a deed to Edison Plaza Partners, LLC, recorded in File No, 20I6037931, Official Public Records, Jefferson County, Texas; said "X" mark in concrete having coordinates of N: 13975255,30, E: 3518974.86; THENCE, South 03 deg. 26 min. 21 sec. East (Called South), oil the West right-of-way line of North Cyprus Street, a distance of It 13.22' to a brass disc in concrete found on the centerline of Hickory Street, as abandoned per Ordinance No. 71-72, dated December 28, 1971, for the Southeast corner of a (Called 3.680) acre tract of land described in a deed to 555 Main Street, LLC, recorded in File No. 2019008810, Official Public Records, Jefferson County, Texas; THENCE, North 86 deg. 33 rain. 39 sec. East (Called East), on the centerline of Hickory Street, crossing North Cypress Street, a distance of 61.1 V to a half -inch steel rod, capped and marked "SOUTEX", set for the Northwest corner of a (Called 2.843) acre tract of land, known as Tract 1, described in a deed to the city of Beaumont, recorded in Volume 1973, Page 471, Deed Records, Jefferson County, Texas, the Southwest corner of a (Called 0.604) acre tract of land, known as Tract "B", described in that deed to the Port of Beaumont navigation District, recorded in Volume 1973, Page 471, Deed Records, Jeffersonx County, Texas, and the POINT OF BEGINNING of the herein described tract; THENCE, North 03 deg. 26 min. 21 sec. West (Called North), on the East right-of-way line of North Cypress Street, a distance of 288.28' to a half -inch steel rod, capped and marked "SOUTEX", set for the Northwest corner of the (Called 0.604) acre tract; THENCE, North 69 deg. 07 min. 09 sec. East, on the North line of the (Called 0.604) acre tract, a distance of 63.66' to a mag spike in concrete, set for the Northeast corner of the (Called 0.604) acre tract, the Southwest corner of a tract of land, known as Fourth Tract, described in a deed to the Port of Beaumont Navigation District, recorded in Volume 1818, Page 55, Deed Records, Jefferson County, Texas, and the Northwest corner of a (Called 0.6001) acre tract of land, described in _that deed to the Port of Beaumont Navigation District, recorded in Volume 1818, Page 58, Deed Records, Jefferson County, Texas; THENCE, North 09 deg. 13 min. 09 sec. West, on the West line of said Fourth Tract, and an extension thereof, a distance of 53.15' to a mag spike in concrete, set on the centerline of the abandoned portion of Tevis Street, for the Southeast corner of a (Called 0.332) acre tract of land, known as Tract "C", described in a deed to the Port of Beaumont Navigation District, recorded in Volume 1973, Page 471 Deed Records, Jefferson County, Texas; THENCE, South 86 deg. 33 min. 39 sec. West (Called West), on the centerline of the abandoned portion of Tevis Street, and the South line of the (Called 0.332) acre tract, a distance of 55,38' to a half -inch steel rod, capped and marked "SOUTEX", set on the East right-of-way line of North Cypress Street, for the Southwest corner of the (Called 0.332) acre tract; THENCE, North 03 deg, 26 min. 21 sec. West (Called North), on the East right-of-way line of North Cypress Street, a distance of 756,67' to a half -inch steel rod, capped and marked "SOUTEX", set for the most northerly corner of the (Called 0.0764) acre tract, a westerly corner of a (Called 1.243) acre tract of land described in a deed to JPE, LTD, recorded in File No. 2008027780, Official Public Records, Jefferson County, Texas, and the most northerly corner of the herein described tract; THENCE, on the West line of the (Called 1.243) acre tract, on the arc of a crave to the right, having a radius of 779.8 P, an arc distance of 77,07, a chord bearing of South 40 deg. 35 min, 42 sec. East, a chord distance of 77,04' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, continuing on the West line of the (Called 1.243) acre tract, on the arc of a curve to the right, having a radius of 415.14', an arc distance of 122.46', a chord bearing of South 21 deg. 25 min. 35 see. East, a chord distance of 122,02' to a I inch steel pipe, found for the most southerly corner of the (Called 0.0764) acre tract, and an easterly corner of the (Called 0.5491) acre tract; THENCE, continuing on the Vilest line of the (Called 1.243) acre tract, on the are of a curve to the right, having a radius of 415.14', an arc distance of 27.54', a chord bearing of South 12 deg. 05 min. 07 sec. East, a chord distance of 27.54' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, South 09 deg. 06 min. 21 sec. East, continuing on the West line of the (Called 1.243) acre tract, at 159.90' passing a half -inch steel pipe found on the North line of the abandoned portion of Mulberry Street, for the Southwest corner of the (Called 1.243) acre tract, and the Southeast corner of the (Called 0.5491) acre tract, and continuing a total distance of 192.03' to a half -inch steel rod, capped and marked "SOUTEX", set on the centerline of the abandoned portion of Mulberry Street; THENCE, North 86 deg. 39 min. 56 see. East (Called East), on the centerline of the abandoned portion of Mulberry Street, a distance of 10.76' to a half -inch steel rod, capped and marked "SOUTEX", set for the Northwest corner of a (Called 4.154) acre tract of land, known as Tract 2, described in a deed to the City of Beaumont, recorded in Volume 2386, Page 235, Deed Records, Jefferson County, Texas; THENCE, South 09 deg. 07 min. 06 sec. East, on the westerly line of the (Called 4.154) acre tract, a distance of 509.15' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, continuing on the westerly line of the (Called 4.154) acre tract, on the arc of a curve to the left, having a radius of 353.37', an arc distance of 168.42, a chord bearing of South 22 deg. 46 min. 20 sec. East, a chord distance of 166,83' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THE, South 36 deg. 25 min. 33 sec. East, continuing on the westerly line of the (Called 4.154) acre tract, a distance of 233,49' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THE, continuing on the westerly line of the (Called 4,154) acre tract, the following bearings and distances to points for corner: South 35 deg. 25 rain. 37 sec. East, 43.83; South 33 deg. 48 min. 58 sec. East, 26.30'; South 30 deg. 28 ruin. 34 sec. East, 26.55'; South 27 deg. 53 ruin. 49 sec. East, 26.29'; South 25 deg. 32 min. 03 sec. East, 26.14'; South 23 deg. 33 min. 05 sec. East, 25.78'; South 22 deg. 32 ruin. 19 sec. East, 24.98'; South 23 deg. 37 min. 10 see. East, 24.94% South 22 deg. 46 ruin. 45 sec. East, 25.14'; South 23 deg, 04 rain. 47 sec. East, 24,45'; South 24 deg. 52 min. 27 sec. East, 23.99'; South 26 deg. 56 min. 35 sec. East, 23.69'; South 29 deg. 53 min. 33 sec. East, 23.89'; South 31 deg, 10 min. 24 sec. East, 24.27'; South 32 deg. 41 min. 45 sec. East, 24.17% South 34 deg. 20 min. 46 sec. East, 24.14'; South 35 deg. 59 min. 18 see. East, 24.00'; South 38 deg. 09 min. 38 sec. East, 24.05'; South 39 deg. 38 min. 08 see. East, 24.15'; South 41 deg, 24 min. 24 see. East, 23.92'; `)THENCE, South 43 deg. 37 min. 46 sec. East, on the southwesterly line of the (Called 4.154) acre tract, a distance of 5,59' to a "X" mark in concrete, set for corner; THENCE, continuing on the southwesterly line of the (Called 4.154) acre tract, on the are of curve to the left, having a radius of428.40', an are distance of277.00', a chord bearing of South 62 deg. 09 lain. 10 see. East, a chord distance of 272.20' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; from which a half -inch steel rod, capped and marked "SOUTEX", set for an angle point 41 the southwesterly line of the (Called 4.154) acre tract, bears South 82 deg. 04 min. 10 sec. East, a distance of 20.83'; THE, South 46 deg. 01 min. 45 sec. West, at 72.44' passing a half -inch steel rod, capped and marked "SOUTEX", set for the most northerly corner of a (Called 1.125) acre tract of land, known as Tract 3, described in a deed to the City of Beaumont, recorded in Volume 2386, Page 235, Deed Records, Jefferson County, Texas, and continuing on the northwesterly line of the (Called 1.125) acre tract, a total distance of 113.16' to a half -inch steel rod, capped and marked "SOUTEX", set for the most westerly corner of the (Called 1.125) acre tract; THENCE, on the southwesterly line of the (Called 1.125) acre tract, the following bearings and distances to points for corner: South 28 deg. 38 min. 35 see. East, 14,29'; South 30 deg. 11 min. 41 sec. East, 23,41'; South 34 deg. 38 min. 27 see. East, 22.79'; South 38 deg. 37 min. 56 sec. East, 23.52'; South 40 deg. 20 min. 08 sec. East, 24.18'; South 41 deg. 53 min. 10 sec. East, 24.20'; THENCE, South 43 deg, 22 min. 35 sec. East, continuing on the southwesterly line of the (Called 1.125) acre tract, a distance of 24.41' to a half -inch steel rod, capped and marked "SOUTEX", set for corner on the Northeast line of a Texas and New Orleans Railroad Co. easement, recorded in Volume 377, Page 226, Deed Records, Jefferson County, Texas; THENCE, South 43 deg. 58 min. 50 see. East, continuing on the southwesterly line of the (Called 1.125) acre tract, and the Northeast line of said T. & N.O.R.R. Co. easement, a distance of 144.85' to a half -inch steel rod, capped and marked "SOUTEX", set on the Northwest eight -of -way line of Gilbert Street, same being the Northwest line of a Kansas City Southern Railway Company right-of-way, recorded in Volume 34, Page 231, Deed Records, Jefferson County, Texas, for the most southerly corner of the (Called l .125) acre tract, and the most easterly corner of the herein described tract; THENCE, South 46 deg. 01 min. 45 sec. West, oil the Northwest right-of-way line of Gilbert Street, a distance of 60.00' to a half -inch. steel rod, capped and marked "SOUTEX", set for a southerly corner of a (Called 0.502) acre tract of land, known as Tract "D", described in a deed to the Port of Beaumont Navigation District, recorded in Volume 1973, Page 471, Deed Records, Jefferson County, Texas; THENCE, North 43 deg. 58 min. 50 see. West, oil a southwesterly line of the (Called 0.502) acre tract, a distance of 153.18' to a half -inch steel rod, capped and marked "SOUTEX", set for an interior corner of the (Called 0.502) acre tract; THENCE, oil an easterly line of the (Called 0.502) acre tract, the following bearings and distances to points for corner: South 09 deg. 17 min. 05 sec. East, 23.76'; South 06 deg. 22 inin, 06 sec. East, 26.30'; South 04 deg. 14 min. 14 sec. East, 26.45'; South 01 deg. 01 min. 56 see. East, 27.06'; South 03 deg. 54 min. 46 sec, West, 27.30'; South 07 deg. 47 ruin. 57 sec. West, 27.02'; South 11 deg. 38 min. 41 sec. West, 26.86'; South 14 deg. 46 min. 45 sec. West, 26.79'; THENCE, South 18 deg. 30 min. 35 sec. West, continuing on an easterly line of the (Called 0.502) acre tract, a distance of 18.52' to a half -inch steel rod, capped and marked "SOUTEX", set for corner on the Northwest right-of-way line of Gilbert Street; THENCE, South 46 deg. 01 min. 45 sec. West, on the Northwest right-of-way line of Gilbert Street, in the southeasterly line of the (Called 0.502) acre tract, a distance of 103.63' to a half -inch steel rod, capped and marked "SOUTEX", set on the Northeast right-of-way line of Main Street, for the most southerly corner of the (Called 0.502) acre tract, and the most southerly corner of the herein described tract; 'WHENCE, North 43 deg. 58 min. 15 see. West, on the Northeast right-of-way line of Main Street, a distance of 23.26' to a half -inch steel rod, capped and marked "SOUTEX", set for the most westerly corner of the (Called 0.502) acre tract; THENCE, on the westerly line of the (Called 0.502) acre tract, the following bearings and distances to points for corner: North 31 deg. 23 min. 30 sec. East, 5.24'; North 28 deg. 06 min. 29 sec. East, 23,07'; North 24 deg. 05 min. 58 sec. East, 23.29'; North 21 deg. 30 min. 29 sec. East, 23.52'; North 18 deg. 30 min. 35 sec. East, 23.2P; North 14 deg. 46 min. 45 see. East, 23.19'; North 1 l deg. 38 min. 41 sec. East, 23.20% North 07 deg. 47 min. 57 sec. East, 22.97'; North 03 deg. 54 min. 46 sec. East, 22.68'; North 01 deg. 01 min. 56 sec. West, 22.79'; North 04 deg. 14 min. 14 sec. West, 23.66'; North 06 deg. 22 min. 06 see, West, 23.66'; North 09 deg. 17 min. 05 sec. West, 23.31'; North 12 deg. 41 min. 47 see. West, 24.00'; North 13 deg. 06 min. 03 sec. West, 23.70'; North 17 deg. 43 min. 57 sec. West, 23.52'; North 18 deg. 52 min. 27 sec. West, 24.32'; THENCE, North 20 deg. 04 min. 39 see. West, continuing on the westerly line of the (Called 0.502) acre tract, a distance of 29.3 P to a half -inch steel rod, capped and marked "SOUTEX", set on the intersection of the Southeast right-of-way line of College Street and the Southwest line of said T. & N.O.R.R. Co. right-of-way, same being the Southwest line of Tract No. 8, as described in that deed to the Port of Beaumont, recorded in Volume 769, Page 361, Deed Records, Jefferson County, Texas, for the most northerly corner of the (Called 0.502) acre tract, and the most southerly corner of the (Called 2.843) acre tract; THENCE, on the northeasterly line of the (Called 2.843) acre tract, the following bearings and distances to points for corner. North 21 deg. 22 min. 04 sec. West, 8.35'; North 22 deg. 39 min. 00 sec. West, 24.38'; North 23 deg. 44 min. 07 sec. West, 24.00'; North 26 deg. 28 min. 02 sec. West, 23.42% North 29 deg. 45 min. 03 sec. West, 22.47'; North 36 deg. 06 min. 05 sec. West, 22.14'; North 40 deg. 38 min. 23 sec. West, 23.16'; North 43 deg. 05 min. 50 sec. West, 24,22'; North 43 deg. 36 min. 58 see. West, 24.71'; North 44 deg. 09 min. 33 sec. West, 24.77'; North 44 deg. 29 min. 10 sec. West, 25.13'; North 43 deg. 37 min. 46 sec. West, 25.13% North 43 deg. 57 min. 50 sec. West, 25.12'; THENCE, North 43 deg. 08 min. 15 sec. West, continuing on the noilheasterly line of the (Called 2.843) acre tract, a distance of 24.79' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, continuing on the northeasterly line of the (Called 2.843) acre tract, the following bearings and distances to points for corner; North 44 deg. 43 min. 44 sec. West, 24.68'; No►th 44 deg. 21 ruin. 25 sec. West, 25.40'; North 43 deg. 10 min. 00 sea West, 25.57'; North 42 deg. 08 min. 39 sec. West, 25.97'; North 39 deg. 27 min. 28 sec. West, 26.15'; North 37 deg. 43 ►nin. 39 sec. West, 25.68; North 36 deg. 50 ►nin. 50 sec. West, 25.35'; THENCE, North 36 deg. 21 min. 57 sec. West, continuing on the northeasterly line of the (Called 2.843) acre tract, a distance of 11.33' to a "X" mark in a concrete headwall, set for come►; THENCE, North 36 deg, 25 min, 33 sec. West, continuing on the northeasterly line of the (Called 2.843) acre tract, a distance of 281.22' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, South 46 deg. 01 min. 45 sec. West, on a northwesterly line of the (Called 2.843) acre t►•act, a distance of 30.18' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, North 36 deg. 25 ►nin. 33 see. West, on the northeasterly line of the (Called 2.843) acre tract, a distance of 272.63' to a half -inch steel rod, capped and marked "SOUTEX", set on the centerline of the abandoned portion of Hickory Street and the South line of the (Called 0.604) acre tract, for the most northerly Northeast corner of the (Called 2.843) acre tract; THENCE, South 86 deg. 33 ►nin. 39 sec, West, on the centerline of the abandoned portion of Hickory Street and the South line of the (Called 0.604) acre tract, a distance of 63,99' to the POINT OF BEGINNING, and containing 6.710 acres of land, more or less. This description is based on a prior Survey made by Soutex dated 10-19-2020 and does not represent a current on the ground survey. Port of Beaumont LS-20-0837-ANIL-1 EXHIBIT B 02006667 pages TRACT 2 2.641. ACRES OF LAND FOR BNSF/UP RAILROAD RIGHT OF WAY PART OF THE NOAH TEVIS SURVIICY ABSTRACT NO. 52, CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS BEING 2.641 acres of land, out of and a part of the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas; being part of an 6.710 acre tract of land surveyed by Sauter dated October 19, 2020; said 2.641 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SnrartNet, North America. COMMENCING at a "X" mark in concrete found on the intersection of the North right- of-way line of a dedicated road named Elizabeth Street and the West right-of-way line of a dedicated road named North Cypress Street; said "X" mark being the Southeast corner of Lot 746, Block 22, Beaumont Town Site, recorded in Volume 448, Page 249, Deed Records, Jefferson County, Texas and Southeast corner of a (Called 0,5763) acre tract of land known as Tract 111, described in a deed to Edison Plaza Partners, LLC, recorded in File, No. 2016037931, Official Public Records, Jefferson County, Texas, having a Texas Coordinate of N: 13975255,30, E: 3518974.86; THENCE, South 88 deg. 56 min. 41 sec. East, crossing said North Cypress Street, a distance of 61.30' to a point for corner being the POINT OF BEGINNING and rnost Northerly corner of the herein described tract, having a Texas Coordinate of N: 13975254.17, E: 3519036.15; THENCE, the following bearings and distances to points for corners: South 20 deg. 04 min. 23 sec. East, 106.20'; South 13 deg. 22 min. 30 sec. East, 59.12'; South 08 deg. 51 min. 48 sec. East, 59.14'; South 05 deg. 17 min. 01 sec. East, 57.15'; South 02 deg. 20 min. 44 sec. East, 56.44'; South 01 deg. 59 min. 50 sec. East, 53.67'; South 02 deg. 49 min. 05 sec. East, 60.08'; South 04 deg. 16 ruin. 14 sec. East, 78.58'; South 08 deg. 47 min. 05 sec. East, 391.60'; South 13 deg. 32 min. 36 sec. East, 62.8 F; South 23 deg. 58 min, 25 sec. East, 50.69'; South 32 deg, 29 min, 17 see. East, 111.23'; South 36 deg, 41 min. 27 sec. East, 493.40'; South 40 deg. 29 min. 23 sec, East, 156.37'; South 44 deg. 08 min. 03 sec. East, 86.16'; South 50 deg. 15 min. 36 sec. East, 126,55'; South 63 deg. 04 min. 55 sec. East, 54,53'; South 74 deg. 50 ruin. 09 sec. East, 80.43'; South 46 deg. 01 ruin. 45 see. West, 48.84'; North 72 deg. 48 min. 12 sec. West, 59.70'; North 66 deg. 57 min. 27 sec. West, 11.94; South 26 deg. 15 min. 26 sec. East, 27.68'; Soutli 28 deg. 40 min. 11 see. East, 44.1 P; South 30 deg. 26 min. 45 sec. East, 55.32'; South 39 deg. 41 min. 09 sec. East, 59.13'; South 42 deg, 54 min. 03 sec. East, 29.35'; South 44 deg. 02 .min, 05 sec. East, 50.13'; South 44 deg. 35 min. 44 see. East, 42.17'; South 44 deg. 46 min. 01 sec. East, 44.26'; South 44 deg, 26 min. 37 sec. East, 15,74'; South 46 deg. 01 min, 45 see. West, 40.00'; North 44 deg. 26 min. 37 see. West, 15.29' North 44 deg. 46 min, 01 sec. West, 44.20' North 44 deg, 35 min. 44 sec. West, 42.43'; North 44 deg. 02 min. 05 sec. West, 50,72' North 42 deg. 54 min. 03 sec. West, 30.86'; North 39 deg. 41 min, 09 see. West, 3.24'; South 13 deg. 38 min. 00 see. East, 25.67'; South 06 deg. 48 min. 48 see. East, 65.42'; South 03 deg. 04 min. 53 sec. West, 92.80'; South 13 deg. 26 min. 13 sec. West, 71,89'; South 23 deg. 12 min, 46 sec, West, 27.02'; South 46 deg. 01 min. 45 sec. West, 75.42'; North 43 deg. 58 min, 15 sec. West, 11,67'; North 23 deg. 12 min. 46 sec. East, 88.60'; North 13 deg. 26 min. 13 see. East, 64.84'; North 03 deg. 04 inin, 53 see. East, 85,72'; North 06 deg. 48 min. 48 sec. West, 59,57'; North 13 deg. 38 min. 00 see. West, 41.35'; North 17 deg. 26 min. 02 see, West, 36.31'; North 20 deg. 44 min. 21 sec. West, 58.75'; North 21 deg. 31 min. 29 sec. West, 44.07'; North 26 deg, 15 min. 26 sec, West, 29.98'; North 33 deg, 43 ruin. 57 sec, West, 42,90'; North 44 deg, 27 min. 10 sec. West, 133.06' North 44 deg. 08 min. 03 sec, West, 79.14'; North 40 deg, 29 min. 19 sec. West, 160.95'; North 36 deg, 41 min. 27 sec, West, 494.13'; North 32 deg. 28 min, 55 see, West,116.85'; North 23 deg. 57 min. 09 sec. West, 56.89'; North 13 deg. 34 min. 50 see. West, 69.65'; North 08 deg. 47 min, 05 sec. West, 110.4P; North 08 deg, 47 min. 05 sec. West, 282,60'; North 04 deg. 17 min. 33 sec, West, 81.8P; North 02 deg. 49 min. 05 see. West, 60.30'; North 01 deg, 59 min, 50 see. West, 53.84'; North 02 deg. 20 min. 44 see. West, 55.29'; North 05 deg. 17 min. 01 see. West, 54.88'; North 08 deg. 51 min. 48 sec, West, 56.31'; North 13 deg. 22 min. 30 sec. West, 5.39'; to a point for corner on the East right of way line of said North Cypress Street:; THENCE, North 03 deg., 26 min,, 21 sec., West, on the East right of way line of North Cypress Street, a distance of said 160.03' to the POINT OF BEGINNING, and containing 2.641 acres of land, more or less. This description is based on a prior Survey made by Soutex dated 10-19-2020 and does not represent a current on the ground survey. Port of Beaumont / BN,SF / UP LS-20-0837-AML-2 INTERLOCAL AGREEMENT BETWEEN THE PORT OF BEAUMONT NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS AND THE CITY OF BEAUMONT, TEXAS STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement (the "Agreement") made and entered into by and between the Port of Beaumont Navigation District of Jefferson County, Texas (the "Port")"), acting herein by and through its President of the Board of Commissioners, and the City of Beaumont, Texas, a municipal corporation (the "City"), acting by and through its Mayor. RECITALS: WHEREAS, the Port is a navigation district of the State of Texas, authorized under Section 59, Article XVI of the Texas Constitution and the City is a home rule municipality acting pursuant to the Charter of the City of Beaumont, Texas and WHEREAS, and the Interlocal Cooperation Act,. Chapter 791 of the Texas Government Code authorized units of local government to contract with one or more units of local government to perform government functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with Chapter 791 of the Texas Government Code, for the performance of governmental functions - and services; specifically, the exchange of real property located within the City and Port District, and for such other and further acts of cooperation as the parties may subsequently agree to by the execution of a separate and specific. agreement ratified by the governing bodies of each contracting party, specifically the City Council of the City of Beaumont and the Port Board of Commissioners; and - WHEREAS, City and the Port have investigated and determined that it would be advantageous. and beneficial to both the City and the Port and its inhabitants for the City for the exchange of property to support economic growth. WHEREAS, the City and the Port deem it to be in the best interest of both entities to enter into this Agreement relative to the exchange of real property and for such additional services as the parties may subsequently agree to by the execution of separate and specific agreements, and in consideration of the mutual covenants contained herein, the City and the Port agree as follows. NOW, THEREFORE, the Port and City, in consideration of the recitals set forth above, which are incorporated into this Agreement as if fully set forth.below, and in consideration of such other agreements as contemplated, agree as follows: 1. By action of the Port Board of Commissioners on December 19, 2022, the Port hereby approves to deed approximately 6.710 acres of real property adjacent to the City's River Front Park to the City, except that 2.641 acres of real property corresponding to the locations of the rail tracks owned by the -BNSF, Union Pacific, Kansas City Southern or the Port shall be retained by the Port to provide rail access easements to BNSF, Union Pacific and/or Kansas City Southern Railroad leading to the Port ("the Property") as described and shown on warranty deed and property drawing as Attachment A hereto. 2. By action of the Beaumont City Council on December 6, - 2022, the City hereby approves to abandon or otherwise convey approximately-1.819 acres of real property consisting of Sabine Pass Avenue from Blanchette Street to Emmett Street ("Sabine Pass Avenue Property") adjacent to the Port of Beaumont as described. and shown on property drawing attached as Attachment B hereto. 3. The City agrees to abandon all City roadways, alleyways and easements (except for City water, storm and sewer mains, if any) adjacent to, or through, Port owned property bordered by Buford, Carroll, Schwarner and Port Streets, including portions of Lamar, Stewart, Powell, Leiper and Herring Streets and Herring Alley as shown on Attachment C (Future Storage Lot) hereto, provided that Port meets City requirements- of property ownership of both sides of the City streets to be' abandoned. 4. The City. agrees to zone Port owned property shown on Attachment C (Future Storage Lot) and Attachment D (Truck Staging Areas) hereto as Port District Zoning. 5. In the exercise of their respective roles and responsibilities under this Agreement, the Port and the City each act in an independent capacity, and no party is to be considered the officer, agent, or employee of the other. 6. Any notice given hereunder by either party to the other shall. be in writing and may be affected by personal delivery in writing or by certified mail, return receipt requested: Port of Beaumont Navigation District of Jefferson County, Texas ATTN: David C. Fisher 1225 Main Street Beaumont, Texas 77701 City of Beaumont ATTN: City Manager P. O. Box 3827 Beaumont, Texas 77704 7. This Agreement contains the entire Agreement between the parties relating to the rights herein. granted and the obligations herein assumed. Any oral. representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing signed by both parties. 8. This Agreement shall be governed by and constructed in accordance with the laws of the State of Texas. No assignment of this Agreement or of any right accrued hereunder shall be made, in whole or in part, by either parry without the prior written consent of the other party. Venue shall be in Jefferson County, Texas. 9. The undersigned officer and/or agents of the parties hereto are the properly authorized officials of the party presented and have the necessary authority to execute this Agreement on behalf ofthe parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. IN WITNESS WI1EREOF,, the parties have executed his Agreement, which shall be effective upon the date it is signed by all Parties. EXECUTED this 19r�l day of 2a�n5� 2022. The Port of Beaumont Navigation District of Jefferson County Texas 2� By: David C. Fisher Title: Port Director & CEO EXECUTED this) 94day of / 92022. The City of Beaumont, Texas- By: Title: ATTACIIWNT A moom moom m�o� m�ao ©moo mom m��m m��m mrm=7,M-m m�-0 0�-0 m m��m -� mwrm�o mrsrr7m rr,Tmm-� ® mom•® o��m mrlam �m m��m mrrrrlm mrrr".?M�® mrr=�m © Emrw=1�1= in © tee oem ® = m m®moo ©��m m ©ri orrr;fzl�m © go �® orM-M�® m��o mrr=m�o m��m mom mom ®gym mrm=l�m o®gym j i� orff� orrmr--M�o m ©r ��o® © mrrmmm�® 0rrr--m ® Drrr,mn�m m�=m o®gym, ono ©��o orrmm�m Wim D ➢F .T Pmd ➢etc R/e/zoo � 9111t E' ®- fewm ova •u9 Poar v euwvn wtvme Duren v.aa:sm.uv E �� Tv ➢�E F .� s avaP.r c om >rm aax c taur taar aorta• a tTotvr e su.x s ssarac a [sear tzar amaa s emnr c vsx am ' � amtC 9 eTOM1C a AaY ®-.wi..r � a...,.,vets essr v rruNwr wawm sas;:e m . ewtte'>a era m oz A'iv euwm..vame omrn. "" m - snm uew..m Pw oua r er-x. , ,m :n:n�:a rota. roT......r:e. ®- rw�s�.w°s"lo`t ..,•,� Po.tArt6u:, Te:et 77642 U � ■FI./Yl TeL 409.90.2004 -PP •�^\'• V SURVEYORS it ENGNEERS p-409-983.20M vmrs® rmr>mevLL tam Nmmv vo uet ul u Negor tltt tt BEAVY➢Ni N ➢TPRESB STREET BEAVNONT. TEItAS 7]]➢1 PR➢1 N¢aamv-.ur to BGIL 1- � 1➢e' PRINT BA1E:T/lt/v➢u ➢BAwN Bn BRe. s2 [NEIXED BY: AML '13 NTT TBPE Firm No. F-wss TBPLS Firm No..10123BOO -LA EF.0005711 -� �3737 Doctors Drive Port Arthur, Texas 77b42 . SURVEYORS&ENGINEERS ; s � Office (409) 983.2004 F Fax (409) 983.2005 1.819 ACRES OF LAND FOR RIGHT-OF-WAY ABANDONMENT PURPOSES PART OF THE NOAH TEVIS SURVEY, ABSTRACT NO.52 JEFFERSON COUNTY, TEXAS BEING L819 acres of land, for right-of-way abandonment purposes, part of the Noah'Tevis Survey, Abstract No. 52, Jefferson County, Texas; being part of a:public right-of-way. known as Sabine Pass Avenue; said 1.819 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. COMMENCING at a brass disc in concrete, found on the intersection of the Southeast right-of- way line of Blanchette .Street and the Northeast right-of-way line of Pennsylvania Avenue, for the most northerly point of a boundary line agreement between the City of Beaumont and the :Port of Beaumont Navigation District, recorded in Volume 2092, Page 3, Deed Records, Jefferson County, Texas; said brass disc in concrete having coordinates of N: 13971594.98, E: 3520114.32; THENCE, North 45 deg. 59 min. 50 sec. East; on the Southeast right-of-way line of Blanchette Street, a distance of 89:20' to a concrete monument, found on the intersection.of the Southeast right-of-way line of Blanchette Street and the West right-of-way line -of Sabine Pass Avenue, for the Northwest. corner of a (Called '0.212) acre tract of land described in a deed to the City of Beaumont,. recorded in Volume 1368, Page 566, Deed Records, Jefferson County, Texas, and' the, POINT OF BEGINNING of the herein described tract; said concrete monument having .coordinates of N: 13971656.95, E: 3520178.48; THENCE,.North 45 deg. 59 min. 50 sec.: East, continuing on the Southeast right-of-way line of Blanchette Street and crossing Sabine Pass Avenue, a distance of 46:00' to a half -inch steel rod, capped and marked "SOUTEX', found on the intersection of the Southeast right-of-way line of Blanchette. Street and the East right-of-way line of Sabine Pass Avenue, for the most northerly corner of the (Called 0.212) acre tract, and the most northerly corner of the herein described tract; THENCE, on the East right-of-way line of Sabine Pass Avenue, on the are of a curve to the right, having a radius of 173.00', an are distance of 956.33', a chord bearing of South-11 deg. 28 min. 37 sec. East, a chord distance of 186.08' to a half -inch steel rod, capped and marked "SOUTE)C', -found for corner; - THENCE, continuing on the East right-of-way. line of Sabine Pass Avenue, on the are of a curve to the left, having a radius of 127.00', an are distance of 42.90', a chord bearing of South 11 deg. 25 min. 38 sec. West, a chord distance of 42.69' to a half -inch steel rod, capped and marked "SOUTEX', found on the line described in said boundary line agreement between the City of Beaumont and the Port of Beaumont Navigation District, for the most southerly corner of the (Called 0.212) acre tract; THENCE, South 43 deg. 59 min. 26 sec. East (Called South 40 deg. 16 min. 18 sec. East), on the line described in said boundary line agreement, a distance of 2.50' to a half -inch steel rod, capped and marked "SOUTEX', found for corner; THENCE, South 02 deg. 20 min. 29 sec. West (Called South 06 deg. 05 min. -55 sec. West), continuing on the line described in said boundary line agreement, a distance of 9.45' . (Called 7.30') to a half -inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 03 deg. 29'min. 33 sec. East (Called South 00 deg. 15 min. 53 sec. West), continuing on the line described in said boundary fine agreement, a distance of 20.07' to a half - inch steel rod, capped and marked "SOUTEX', found for corner; THENCE, South 06 deg. 09 min. 14 sec. East (Called South 02 deg. 23 min. 48 sec. East), continuing on the line described in said boundary line agreement, a distance. of 236.42' to a half - inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 11 deg. 30 min. 38 sec. East (Called South 07 deg. 45 min, 12 sec. East), continuing on the line described in said boundary line agreement, a distance of 87.03' to a half - inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 26 deg. 07 min. 08 sec. East (Called South 22 deg. 21 min. 42 sec. East), continuing on the line described in said boundary line agreement, a distance of 246.47' to a half - inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 44 deg. 16 min. 53 sec. East (Called South 40 deg. 31 min. 27 sec. East), continuing on the line described in said boundary line agreement and an extension of the same, a distance of 382.01' to a half -inch steel rod, capped and marked "SOUTEX", found for an angle point in the West line of a tract of land described in a deed to the Port of Beaumont, recorded in . Film Code 102-97-0286, Official Public Records, Jefferson County, Texas, and the Southeast corner of the herein described tract; from which, a half -inch steel rod, capped and marked "SOUTEX', found for the most northerly corner of a tract of land, known as Tract B, described in a deed to the City of Beaumont, recorded in Volume 2066, Page 367, Deed Records, Jefferson County, .Texas, bears South 03 deg. 24 min. 26 sec. East (Called South 00 deg. 21 min. 00 sec. West), a distance of 413.51'; THENCE, South 87 deg. 04 min..58 sec. West, a distance of 145.18% to a point for the Southwest corner of the herein described tract; from which a MAO nail; set on the South right of way line of Emmett Avenue and the North line of a tract of land described in a deed to Downtown Brick and Tile Inc., recorded in File No. 2003021234, Official Public Records,. Jefferson County, Texas, bears South 02 deg. 55 min. 02 sec., East, a distance of 59.70; from said MAG nail, a half. -inch steel rod, found for the most northerly common comer of a (Called 0.91) acre tract of land described in a deed to Frontier Machine Works, LLC, recorded in File No. 2012041852, Official Public Records, Jefferson County, Texas and a tract of land described in a deed to Downtown Brick and Tile Co. Inc., recorded in File No. 2003015320, Official Public Records, Jefferson County, Texas, bears South 87 deg. 04 min. 58 sec. West, a distance of 144.3 V; also from said MAG nail, a "X" mark in concrete, set on the intersection of the West right-of-way line of Sabine Pass Avenue and the South right-of-way line of Emmett Avenue, for the Northeast corner of said Downtown Brick and Tile tract recorded in File No. 2003021234, bears North 87 deg. 04 min. 58 sec. East, a distance of 91.54% from said "X" mark in concrete, a half -inch steel pipe, found for the most easterly common corner :of a tract_ of landdescribed in a deed .to Kevin Torres, recorded in Film Code 104-53-1142,..Official Public Records, Jefferson County, Texas and .said Downtown Brick and Tile tract recorded in File No. 2003021234, bears. South 03 deg. 25 min. 02 sec East, a distance of 206.50% THENCE; North 02 deg. 55 min. 02 sec. West, a distance of 31.86' to a half -inch steel rod, capped and marked "SOUTEX', set for -comer; THENCE, on the arc of a curve to the left, having a radius of 25.97', an are distance of 18.89', a chord bearing of North 23 deg. 45 min. 03 sec. West, a chord distance of 18.47' to a half -inch steel rod, capped and marked "SOUTEX', set for corner; THENCE, North 44 deg. 35 min. 01 sec. West, a distance of 249.27' to a half -inch steel rod, capped and marked "SOUTEX', set for corner; THENCE, on the are of a curve to the right, having a radius of 263.08', an are distance of 121.16', a chord bearing of North 31 deg. 23 min. 27 sec. West, a chord distance of 120.09' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, the following bearings and distances to half -inch steel rods, capped and marked "SOUTEX', set for corner: North 18 deg. 11 min. 52 sec. West, 22.03' North 10 deg. 07 min. 02 sec. West, 43.87' North 11 deg. 07 min. 54 sec. West, 60.27' North 11 deg. 17 min. 50 sec. West, 59.90' North 11 deg. 01 min. 14 sec. West, 60.11' THENCE, North 08 deg. 39 min. 31 sec. West, a distance of 60.50' to a "X" mark in concrete, set for corner; THENCE, North 06 deg. 30. min. 52 sec. West, a distance of 62.08' to a MAG nail, set for corner; THENCE, North 06 deg. 07 min. 07 sec. West, a distance of 37.98' to a "X" mark inconcrete, set for corner; THENCE, North 04 deg. 14 min. 07 sec. West, a distance of 39.55' to a "X" mark in concrete, set for corner; THENCE, North 04 deg. 12 min. 46 sec. West, a distance of 32.52' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, North 04 deg. 3 8 min. 31. sec. West, a distance of 22.5 8' to a half -inch . steel rod,, capped and marked "SOUTEX", set for corner; THENCE, North 03 deg. 16 min. 53 sec. East, a distance of 36.47' to a half -inch steel rod, capped and marked "SOUTMU, set for corner; THENCE, on the are of a curve to the right, having a radius of 173.00', at 35.96' along said are, passing a concrete monument, found on the line described in said boundary line agreement, for the Southwest corner of the (Called. 0.212) acre tract, and continuing a total are .distance of 53.81' to a concrete monument found for corner; said curve having a chord bearing of North 12 deg. 11 min. 33 sec. East, and a chord distance of 53.60'; THENCE, on the are of a curve to the left, having a radius of 127.00', an arc -distance of 144.23', a chord bearing of North 11 deg. 28 min. 42 sec. West, a chord distance of 136.60' to the POINT OF BEGINNING, and containing 1.819 acres of land, more or less. This description is based on the Land Survey made under the direct supervision of Randall Alvey Creel, Registered Professional Land Surveyor No. 6678 on January 15, 2019. City of Beaumont 18-1111-Rev 1 amen. A NPT m Rr.." IV k A $ g� ,n:•a o 7.BIo eCR89 op term mn mc� ar Irex ASA7maXua�t P8HP0579 PeR! CP T� NCLB tEVCI 9t18p8r, eRsnlua ND. 68 . ]RPpB®C71 COUN72, T✓al9 moomo m��os m��om Curn 'Abin cllnE / ARC p A]SV 1l.aV 9 aSe'• aiaY 1"eP' 7aRY H Yx39T f faY I7>00 N itl'.4 [ 63eC I.uY InaO X IIXSY • I7enC IEcato H P� ''• — — p11h1T AVENGE ERR eRj � n - PPNr rw mmw t ilO°A !1 BU7TMiD SRiEEiMOLieu.3 p Ccmm®IV P..-. A K,Li _ °3ua4E` i»�� �feArz coax- �..— -T1nS PR0.1. NR IB61R111 3737 D. DK�e rAar "r a�mcYRn ss srw1E �Y� NdA.th„r, T— 77642 PCB T CAM-IU/7/2022 Y.,..,�.N.,...ad, —..®. JOUT X Ta409.%3.2004 R. ,� XN Rr. uuc PRN�.T aws [REIXEO NY: RAC Q �$ SURVEYORS & FNGNEM. F-409. M.2005 Litt CF BEAVNCNT APPRCVEC RT MC foutevuty Ja(swm SACp(E PA55 AV E .. N RUMNT, T S 777C1 88 1 Op 1 '14 oo 3 FUTURE STORAGE LOT Scale: NTS ATTACHMENT C GENERAL NOTES 1. PORT PROPER PORT PROPERTY IS SHOWN AS HATCHED. 2. 0 CITY TO REZONE AREA AS PORT DISTRICT AND M To r RELEASE INTEREST RELEASE INTEREST (DEED/ABANDON) TO PORT : SHOWNIN YE SHOWN IN YELLOW, INCLUDING ANY UTILITY - EASEMENTS NOT SHOWN. CITES RELEASE CONTINGENT UPON PORT OWNING PROPERTY SERVED SERVED BY SAID STREETS. 3. E TS OF PORT PROPERTY SHOWN FOR REFERENCE ONLY. NO. REVISION/ISSUE YYYY/MM/DD' 111APY'A mvw -AgAUMONTo SOUTH END PROPERTY IMPROVEMENTS 2022-01-25. SP3 BMB POB PROJECT NO. 60 -AAM m Y7 ORA" Ov N4 GENERAL WARRANTY DEED From the Port of Beatunout Navigation District of Jefferson County Texas to the City of Beaumont