The URL can be used to link to this page

Home My WebLink AboutPR 19466: SPECIAL WARRANTY DEED, FORMER COUNTY PUBLIC HEALTH BUILDING P.R. NO. 19466 09/16/2016 PDL/GT Page 1 of 23 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A SPECIAL WARRANTY DEED FROM JEFFERSON COUNTY, TEXAS, DONATING THE LAND AND THE FORMER COUNTY PUBLIC HEALTH BUILDING, LOCATED AT 246 DALLAS AVENUE, PORT ARTHUR, TEXAS, TO THE CITY OF PORT ARTHUR; SAID SPECIAL WARRANTY DEED CONTAINS THE CONDITIONS WHICH APPLY TO THIS DONATION WHEREAS, the City of Port Arthur submitted a formal request for the land and the former Jefferson County Health Building, located at 246 Dallas Avenue, Port Arthur, Texas, as delineated in Exhibit "A"; and, WHEREAS, the City of Port Arthur will utilize said property for the development of a "one-stop-shop" for the Department of Development Services, which includes the Divisions of Planning and Zoning, Code Enforcement and Compliance, Grants Management, Housing and Community Development, and Geographical Information Systems; and, WHEREAS, on July 25, 2016, the Jefferson County Commissioners Court held a special session to consider and possibly approve donating property located at 246 Dallas Avenue, Port Arthur, Texas to the City of Port Arthur; County Commissioners voted unanimously to approve the request with condition(s) (Exhibit "B"); and, WHEREAS, Chapter 272, Section 272.001(1)(1)(2)(3) of the Local Government Code (Exhibit "C") provides as follows: "The notice and bidding requirements provided by Subsection (a) do not apply to a donation or sale made under this subsection. A political subdivision may donate or P.R. NO. 19466 09/15/2016 PDL Page 2 of 23 sell for less than fair market value a designated parcel of land or an interest in real property to another political subdivision if: (1) the land or interest will be used by the political subdivision to which it is donated or sold in carrying out a purpose that benefits the public interest of the donating or selling political subdivision; (2) the donation or sale of the land or interest is made under terms that effect and maintain the public purpose for which the donation or sale is made; and (3) the title and right to possession of the land or interest revert to the donating or selling political subdivision if the acquiring political subdivision ceases to use the land or interest in carrying out the public purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorize the City Manager to accept a special warranty deed (a copy of which is attached as Exhibit "D") from Jefferson County, Texas, donating the land and the former County Health Building, 246 Dallas Avenue, Port Arthur, Texas, to the City of Port Arthur, Texas. That this acceptance is subject to the following condition(s): The City of Port Arthur agrees to utilize said land and building located at 246 Dallas Avenue, Port Arthur, Texas, [a.k.a. All of Block 149, part of Lot 7, Block 150 and part of the 20' wide abandoned alley right-of-way between Blocks 149 & 150, City of Port Arthur, Jefferson County, Texas] for purpose of developing a "One-Stop-Shop" for the Department of Development Services, which includes the Divisions of Planning and Zoning, Code Enforcement and Compliance, Housing and Community P.R. NO. 19466 09/15/2016 PDL Page 3 of 23 Services, Grants Management, and Geographical Information Systems. Pursuant to Section 253.011 Local Government Code, the ownership of this tract will automatically revert to Jefferson County if the City of Port Arthur, Texas, fails to use this property for this purpose. Section 3. Said Special Warranty Deed contains all the condition(s) which apply to this donation and the City Council agrees to all of those condition(s). Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, and APPROVED this the day of September, A.D., 2016, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Derrick F. Freeman, Mayor ATTEST: Sherri Bellard, TRMC City Secretary P.R. NO. 19466 09/15/2016 PDL Page 4 of 23 APPROVED AS TO FORM: YdAr Valecia R. ' ze • City Attorney I APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager I 14.Olt4 Ronald "Ron" Burto Director of Develofinent Services P.R. NO. 19466 09/15/2016 PDL Page 5 of 23 EXHIBIT "A" P.R. NO. 19466 09/15/2016 PDL Page 6 of 23 . o H i 1F. z k xs ns gygbo; ill 5 6 O S' i a wi 8 e � ¢` nfi5 ° 3a w V a a i c `s M M° 8 . 2: r "s g 8 a x x. u °e ,, 1.11 cora .4� cN x§ =Y _ O d ® $4 ® O ® • • ESE $° aS a x S.'S E? i •-. t S ^.R E 5Al iki . 8 ii ;li III:'�aI N'a : 5'iSo z°1 ' 'e tE eo El s 81 1 s.Z.- ,1 sic $i. .8 SP a1, I has <B fit °•o�Y s Vgg 8So a �`b':4g o 6H a',, I g� ° W=so J. 'i Ol ill OSx .- XNz a^ O 11 x'6Fs of xfis 58'8 `. 8 ^ea oa j a. _ x ai .tsa 1Eg6 figg€ .i s s s e. .ciC a 0 x L 1•n 1•na uvnT eq AS 8:n ,5+ 8'°°S9y 8SS fi=` :o'a`K ¢er 31W34V MISM S$.5° 3g E•e-. 2gg8 $§. it 'm$ °-L.W 8ii6 gm I A!, 8891 3Ws se 3 §e- °- o a _r - a SS `ea°oma. gbe s.� s =. $°0 F r NSs- ' E- .8,fiab8� SSS i58 s aS °'r' Cr _IL W°s----- Rig x:i Min R:21 Ria h i3. N Ns it ,,,to., 1• ifi t{ omIllt Y°141 S` §` °pp r A i.811„¢ NAM I t'� ll E= 8obfi5o5 nge:b h L p6 U.00ss.r.,1 s .- 1-'S N; SsgS,On$§S ..'I M or"z Y •'" .a'al 3.K.OZKS • --- 'Z� E5 °5ip ,i.. b a • r— R a= = =.f8� =o�nY gg M. g i 'ase 8 i5°=gso E:E=.. R .••.o� 3$ €W 118.1 11 x1•ig'%. ! y' Q ,,6? •,.' V b oe g_ I. 511 . r 5a.c FE Z • g '<go�ff .bi. ¢ a 6,1. ;4 y $ig ° f5l3s1 E8 -°E5 F . .� $°, WYS _j5i— — 8q §8° ,. Q5'QQ Egc P-i. 8! 4 O g �` lei'4.. ltiC'w " 'Xs. 12g:;:f , glg (100 • I go.1 , . . gi• 4 <JE M E SS%E CwE o ' ? F' Ate.•.88 _— 88. � 5z ,' x Ya. Pa • x �§ 9a \ 1 t€o»§ }4�4 s eo r • c ' 15 a A°PI •' '-"S' --.—.," x meg. � \ €"84 a 3>> 1 s S1•1•911.✓' p Au...N 9mva) _ Y C .3!4:1". � : SIM M.KAUV N :Y" ,� a!m� - Oil/111P C i Iiii (1•911.03 1 `� H.:.. n 3 g 2 i€S 4 3ONiAV SVTWO 0111 < . If#lel C >n 1•911ta- - — 1 °5•i $ !pill ig g s+ i 1 9811 e° e691i new.°Wi.'r-sw[t:as area 1001-»m-°i\O.a\0IS0 r:0-.eco rtes-s:S:t%\L]30ba sas\m 1tl3WIDtll\\ P.R. NO. 19466 09/15/2016 PDL Page 7 of 23 EXHIBIT " B " P.R. NO. 19466 09/15/2016 PDL Page 8 of 23 2 Notice of Meeting and Agenda and Minutes July 25,2016 Jeff R.Branick,County Judge Eddie Arnold,Commissioner,Precinct One Brent A.Weaver,Commissioner,Precinct Two Michael S.Sinegal,Commissioner,Precinct Three Everette"Bo"Alfred,Commissioner,Precinct Four Welf i, Pt X NS NOTICE OF MEETING AND AGENDA OF COMMISSIONERS' COURT OF JEFFERSON COUNTY, TEXAS July 25, 2016 Notice is hereby given that the Commissioners' Court of Jefferson County, Texas, willmeet at 1:30 PM, on the 25th day of July 2016 at its regular meeting place in the Commissioners'Courtroom,4th Floor,Jefferson County Courthouse, 1 149 Pearl Strect,Beaumont;Texas. Said meeting will be a Special for the purpose of transacting the routine business of the County. Persons with disabilities requiring auxiliary aids for services who wish to attend this meeting should contact the County Judge's Office to arrange for assistance. In addition to the routine business of the County, the subject of said meeting will be the following: INVOCATION: Michael S. Sinegal, Commissioner, Precinct Three PLEDGE OF ALLEGIANCE: Everette "Bo" Alfred, Commissioner, Precinct Four P.R. NO. 19466 09/15/2016 PDL Page 9 of 23 6 Notice of Meeting and Agenda and Minutes July 25,2016 11. Consider, possibly approve, authorize the County Judge and Kathleen Kennedy to execute, receive and file and employing Special Counsel to file suit to Enforce the Act. SEE ATTACHMENTS ON PAGES 133- 142 Motion by: Commissioner Sinegal Second by: Commissioner Alfred In favor: County Judge Branick,Commissioner Arnold,Commissioner Sinegal, Commissioner Alfred Action: APPROVED 12. Consider and possibly approve donating property located at 246 Dallas Avenue, Port Arthur, Texas to the City of Port Arthur. WILL DO DEED WITH REVERSIONARY CLAUSE SEE ATTACHMENTS ON PAGES 143- 143 Motion by: Commissioner Sinegal Second by: Commissioner Alfred In favor: County Judge Branick,Commissioner Arnold, Commissioner Sinegal,Commissioner Alfred Action: APPROVED 13. Receive and file executed Amendment No. l to the Agreement between the Department of Army and Galveston County, Texas, Jefferson County, Texas and Sabine-Neches Navigation District for the Sabine to Galveston Shoreline Erosion Feasibility Study. Motion by: Commissioner Sinegal Second by: Commissioner Alfred In favor: County Judge Branick, Commissioner Arnold, Commissioner Sinegal,Commissioner Alfred Action: APPROVED DISTRICT ATTORNEY: 14. Immediately following Commissioners' Court- Announcement of an executive (closed) session pursuant to Texas Government Code Section § 551.071 for the purpose of receiving information regarding matters that are in litigation. Action: NONE Other Business: Receive reports from Elected Officials and staff on matters of community interest without taking action. P.R. NO. 19466 09/15/2016 PDL Page 10 of 23 143 DELORIS"BOBBIE"PRINCE,MAYOR % BRIAN MCDOUOAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: Cm' • SHERRI BEiMARD,TRMC RAYMOND SCOTT,JR. j;?,+i\r CITY SECRETARY TIFFANY L.HAMILTON MORRIS ALBRIGHT,III ort T I h u VAL!RENO KEITH RICHARD CITY ATTORNEY WILLIE"BAR"LEWIS,JR. Texas OSMAN SWATI CHARLOTTE MOSES May 10, 2016 Jefferson County Commissioners Court Fred Jackson Assistant to County Judge 1001 Pearl Street Beaumont,Texas 77701 Re:246 Dallas Avenue, Port Arthur, Texas[A.K.A.Jefferson County Adult Probation and Indigent Care Facility] Dear Mr.Jackson, Or behalf of the City of Port Arthur, this letter is being submitted to declare the City's interest In acquiring the property located at 246 Dallas Avenue, Port Arthur, Texas [legally described as All of Lots I - 12, Block 149 and Al! of Lot 7 and the adjoining 10' alley, Block 150], formally known as the Jefferson County Adult Probation and Indigent Care facility. The donation of the property will allow us to develop a `one-stop-shop'for our Department of Development Services, which Includes the Divisions of Planning and Zoning, Code Enforcement and Compliance, Grants Management, Housing and Community Development,and Geographical Information Systems. This property Is considered an Important part of the City's need to expand and your consideration to donate the property to the City of Port Arthur Is greatly appreciated. As soon as we hear from the County Commissioners,we will request that Port Arthur's City Council accept this generous donation. Sincerely, Brian McDougal, City Manager Cc: Michael Shane Sinegal, Precinct 3 Commissioner Val Tizeno,City Attorney Ron Burton, Director of Development Services P.0 BOX 1089•PORT ARTHUR, CEXAS 77641-1089 409%983.9100 www.porterihurnet P.R. NO. 19466 09/15/2016 PDL Page 11 of 23 EXHIBIT " C " P.R. NO. 19466 09/15/2016 PDL Page 12 of 23 LOCAL GOVERNMENT CODE TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY SUBTITLE C. ACQUISITION, SALE, OR LEASE PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT CHAPTER 272. SALE OR LEASE OF PROPERTY BY MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS Sec. 272.001. NOTICE OF SALE OR EXCHANGE OF LAND BY POLITICAL SUBDIVISION; EXCEPTIONS. (a) Except for the types of land and interests covered by Subsection (b), (g), (h), (i), (j), or (I), and except as provided by Section 253.008, before land owned by a political subdivision of the state may be sold or exchanged for other land, notice to the general public of the offer of the land for sale or exchange must be published in a newspaper of general circulation in either the county in which the land is located or, if there is no such newspaper, in an adjoining county. The notice must include a description of the land, including its location, and the procedure by which sealed bids to purchase the land or offers to exchange the land may be submitted. The notice must be published on two separate dates and the sale or exchange may not be made until after the 14th day after the date of the second publication. (b) The notice and bidding requirements of Subsection (a) do not apply to the types of land and real property interests described by this subsection and owned by a political subdivision. The land and those interests described by this subsection may not be conveyed, sold, or exchanged for less than the fair market value of the land or interest unless the conveyance, sale, or exchange is with one or more abutting property owners who own the underlying fee simple. The fair market value is determined by an appraisal obtained by the political subdivision that owns the land or interest or, in the case of land or an interest owned by a home-rule municipality, the fair market value may be determined by the price obtained by the municipality at a public auction for which notice to the general public is published in the manner described by Subsection (a). The notice of the auction must include, instead of the content required by Subsection (a), a description of the land, including its location, the date, time, and location of the auction, and the procedures to be followed at the auction. The appraisal P.R. NO. 19466 09/15/2016 PDL Page 13 of 23 or public auction price is conclusive of the fair market value of the land or interest, regardless of any contrary provision of a home-rule charter. This subsection applies to: (1) narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances; (2) streets or alleys, owned in fee or used by easement; (3) land or a real property interest originally acquired for streets, rights- of-way, or easements that the political subdivision chooses to exchange for other land to be used for streets, rights-of-way, easements, or other public purposes, including transactions partly for cash; (4) land that the political subdivision wants to have developed by contract with an independent foundation; (5) a real property interest conveyed to a governmental entity that has the power of eminent domain; (6) a municipality's land that is located in a reinvestment zone designated as provided by law and that the municipality desires to have developed under a project plan adopted by the municipality for the zone; or (7) a property interest owned by a defense base development authority established under Chapter 378, Local Government Code, as added by Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999. (c) The land or interests described by Subsections (b)(1) and (2) may be sold to: (1) abutting property owners in the same subdivision if the land has been subdivided; or (2) abutting property owners in proportion to their abutting ownership, and the division between owners must be made in an equitable manner. (d) This section does not require the governing body of a political subdivision to accept any bid or offer or to complete a sale or exchange. (e) This section does not apply to land in the permanent school fund that is authorized by legislation to be exchanged for other land of at least equal value. (f) The fair market value of land, an easement, or other real property interest in exchange for land, an easement, or other real property interest as authorized by Subsection (b)(3) is conclusively determined by an appraisal obtained by the political subdivision. The cost of any streets, utilities, or other improvements constructed on the P.R. NO. 19466 09/15/2016 PDL Page 14 of 23 affected land or to be constructed by an entity other than the political subdivision on the affected land may be considered in determining that fair market value. (g) A political subdivision may acquire or assemble land or real property interest, except by condemnation, and sell, exchange, or otherwise convey the land or interests to an entity for the development of low-income or moderate-income housing. The political subdivision shall determine the terms and conditions of the transactions so as to effectuate and maintain the public purpose. If conveyance of land under this subsection serves a public purpose, the land may be conveyed for less than its fair market value. In this subsection, "entity" means an individual, corporation, partnership, or other legal entity. (h) A municipality having a population of 825,000 or less and owning land within 5,000 feet of where the shoreline of a lake would be if the lake were filled to its storage capacity may, without notice or the solicitation of bids, sell the land to the person leasing the land for the fair market value of the land as determined by a certified appraiser. While land described by this subsection is under lease, the municipality owning the land may not sell the land to any person other than the person leasing the land. To protect the public health, safety, or welfare and to ensure an adequate municipal water supply, property sold by the municipality under this subsection is not eligible for and the owner is not entitled to the exemption provided by Section 11.142(a), Water Code. The instrument conveying property under this subsection must include a provision stating that the exemption does not apply to the conveyance. In this subsection, "lake" means an inland body of standing water, including a reservoir formed by impounding the water of a river or creek but not including an impoundment of salt water or brackish water, that has a storage capacity of more than 10,000 acre-feet. (i) A political subdivision that acquires land or a real property interest with funds received for economic development purposes from the community development block grant nonentitlement program authorized by Title I of the Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et seq.) may lease or convey the land or interest, without the solicitation of bids, to a private, for-profit entity or a nonprofit entity that is a party to a contract with the political subdivision if the land or interest will be used by the private, for-profit entity or the nonprofit entity in carrying out the purpose of the entity's grant or contract. The land or interest may be leased or conveyed without the solicitation of bids if the political subdivision adopts a resolution P.R. NO. 19466 09/15/2016 PDL Page 15 of 23 stating the conditions and circumstances for the lease or conveyance and the public purpose that will be achieved by the lease or conveyance. (j) A political subdivision may donate, exchange, convey, sell, or lease land, improvements, or any other interest in real property to an institution of higher education, as that term is defined by Section 61.003, Education Code, to promote a public purpose related to higher education. The political subdivision shall determine the terms and conditions of the transaction so as to effectuate and maintain the public purpose. A political subdivision may donate, exchange, convey, sell, or lease the real property interest for less than its fair market value and without complying with the notice and bidding requirements of Subsection (a). (k) This section does not apply to sales or exchanges of land owned by a municipality operating a municipally owned electric or gas utility if the land is held or managed by the municipally owned utility, or by a division of the municipally owned electric or gas utility that constitutes the unbundled electric or gas operations of the utility, provided that the governing body of the municipally owned utility shall adopt a resolution stating the conditions and circumstances for the sale or exchange and the public purpose that will be achieved by the sale or exchange. For purposes of this subsection, "municipally owned utility" includes a river authority engaged in the generation, transmission, or distribution of electric energy to the public, and "unbundled" operations are those operations of the utility that have, in the discretion of the utility's governing body, been functionally separated. (I) The notice and bidding requirements provided by Subsection (a) do not apply to a donation or sale made under this subsection. A political subdivision may donate or sell for less than fair market value a designated parcel of land or an interest in real property to another political subdivision if: (1) the land or interest will be used by the political subdivision to which it is donated or sold in carrying out a purpose that benefits the public interest of the donating or selling political subdivision; (2) the donation or sale of the land or interest is made under terms that effect and maintain the public purpose for which the donation or sale is made; and (3) the title and right to possession of the land or interest revert to the donating or selling political subdivision if the acquiring political subdivision ceases to use the land or interest in carrying out the public purpose. P.R. NO. 19466 09/15/2016 PDL Page 16 of 23 EXHIBIT "D" P.R. NO. 19466 09/15/2016 PDL Page 17 of 23 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. SPECIAL WARRANTY DEED Date: , 2016 Grantor: Jefferson County, Texas Grantor's Mailing Address (including county) Jefferson County Courthouse Jefferson County 1149 Pearl Street Beaumont, Texas 77701 Grantee: City of Port Arthur, Texas, a municipal corporation Grantee's Mailing Address (including county): P.O. Box 1089 Port Arthur, Jefferson County, Texas TX 77641-1089 Consideration: Pursuant to Section 272.001 of the Texas Local Government Code, the consideration for the conveyance by Jefferson County, Texas shall be: that the City of Port Arthur, a municipal corporation, agrees to utilize said land and building located at 246 Dallas Avenue, Port Arthur, Texas, [a.k.a. All of Block 149, part of Lot 7, Block 150 and part of the 20' wide abandoned alley right-of-way between Blocks 149 & 150, City of Port Arthur, Jefferson County, Texas] for purpose of developing a "One-Stop- Shop" for the Department of Development Services, which includes the Divisions of Planning and Zoning, Code Enforcement and Compliance, Housing and Community Services, Grants Management, and Geographical Information Systems. The ownership of this tract will automatically revert to Jefferson County if the City of Port Arthur, Texas, fails to use this property for this purpose. P.R. NO. 19466 09/15/2016 PDL Page 18 of 23 Property (including any improvement): An area of 0.9805 acre (42,711 SF) consisting of all of Block 149, part of Lot 7, Block 150 and part of the 20' wide abandoned alley right-of-way between Blocks 149 & 150, in Port Arthur, Jefferson County, Texas, and more fully described in Exhibit"A" attached hereto. Reservations from and Exceptions to Conveyance and Warranty: That such deed is subject to all restrictions, covenants, conditions, easements, rights-of-way and prescriptive rights whether recorded or not, and all recorded reservations if any and zoning and other laws affecting the property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty by and through only the grantor. Executed on the day of , A.D., 2016. GRANTOR: JEFFERSON COUNTY, TEXAS By: Jeff R. Branick, County Judge APPROVED AS TO FORM: Fred L. Jackson Attorney to the County Judge P.R. NO. 19466 09/15/2016 PDL Page 19 of 23 ACKNOWLEDGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, the undersigned Notary Public, on this day personally appeared Jeff R. Branick, County Judge for Jefferson County, Texas, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act and deed of the County of Jefferson, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D. 2016. NOTARY PUBLIC, STATE OF TEXAS PRINT NOTARY'S NAME: P.R. NO. 19466 09/15/2016 PDL Page 20 of 23 AGREED TO AND ACCEPTED on this the day of , 2016. GRANTEE: CITY OF PORT ARTHUR, TEXAS BY: Brian McDougal, City Manager ACKNOWLEDGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, the undersigned Notary Public, on this day personally appeared Brian McDougal, City Manager of the City of Port Arthur, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D. 2016. NOTARY PUBLIC, STATE OF TEXAS PRINT NOTARY'S NAME: AFTER FILING RETURN TO: Val Tizeno, City Attorney City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77640 P.R. NO. 19466 09/15/2016 PDL Page 21 of 23 EXHIBIT "A" ! TBPE Firm No.F-5755 ti °i ��" , TBPLS Firm No.10123800 i0 UTEX_,...... —_-1. --- !0 `j��-„--ie! _ r LA EF.000571t G 3737 Doctors Drive `!�• s Port Arthur,Texas 77642 SURVEYORSENGINEERS Office (409) 983.2004 Fax (409) 983.2005 0.9805 ACRE OF LAND BLOCK 149,PORTIONS OF BLOCK 150 AND THE ALLEY BETWEEN BLOCKS 149 AND 150, CITY OF PORT ARTHUR, JEFFERSON COUNTY,TEXAS BEING 0.9805 acre of land, all of Block 149, a portion of Lot 7, Block 150, and a portion of the abandoned alley between Blocks 149 and 150 (Volume 1571 Page 42, Deed Records, Jefferson County, Texas) City of Port Arthur, recorded in Volume 2, Page 2, Map Records, Jefferson County, Texas; said 0.9805 acre tract being more fully described by metes and bounds as follows,to wit: Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South-Central Zone, NAD 83, Epoch 2011, US Survey Feet. Referenced to SmartNet,North America. BEGINNING at an "X” mark set in concrete on the intersection of the East right of way line of a dedicated road named Dallas Avenue and the South right of way line of a dedicated road named 4th Street; said "X" mark being the Northwest corner of said Block 149 and Northwest corner of the herein described tract; having a State Plane Coordinate of N: 13898364.12, E: 3573205.45; from which a '/2" steel rod found on the intersection of the West right of way line of said Dallas Avenue and the South right of way line of said 4th Street, bears South 36 deg., 38 min., 19 sec., West(Called South 41 deg., 13 min., 00 sec., West), a distance of 70.00'; THENCE, North 36 deg., 38 min., 19 sec., East (Called North 41 deg., 13 min., 00 sec., East), on the South right of way line of said 4th Street, a distance of 300.00' to a '/2" steel rod, capped and marked "SOUTEX", set for the Northwest corner of a tract of land conveyed to the City of Port Arthur, recorded in Volume 1629, Page 149, Deed Records, Jefferson County, Texas; said %2" steel rod being the Northeast corner of said Block 149 and the Northeast corner of the herein described tract; THENCE, South 53 deg., 20 min., 34 sec., East (Called South 48 deg., 47 min., 00 sec., East), on the West line of said City of Port Arthur tract, a distance of 130.00' to an "X" mark set in concrete on thecenter line of said abandoned alley; said "X" mark being the Southeast corner of the herein described tract; P.R. NO. 19466 09/15/2016 PDL Page 22 of 23 THENCE, South 36 deg., 38 min., 19 sec., West, on the centerline of said abandoned alley, a distance of 230.09' to an "X" mark set in concrete for an interior corner of the herein described tract; THENCE, South 53 deg., 20 min., 34 sec., East, a distance of 53.13' to a '/2" steel rod, capped and marked "SOUTEX", set on the West line of a tract of land conveyed to United States Postal Service, recorded in Film Code 101-44-1510, Official Public Records, Jefferson County, Texas; from which a brass disc found in concrete on the North right of way line of a dedicated road named Lakeshore Drive, same being the Southwest corner of said United States Postal Service tract, bears South 53 deg., 20 min., 34 sec., East (Called South 48 deg., 47 min., 00 sec., East), a distance of 293.86'; THENCE, South 36 deg., 38 min., 19 sec., West, crossing said Lot 7, Block 150, a distance of 69.91' (Called 70.00')to a 1/2" steel rod, capped and marked "SOUTEX", set on the East right of way line of said Dallas Avenue; said '/2" steel rod being the Southwest corner of the herein described tract; THENCE,North 53 deg., 20 min., 34 sec., West (Called North 48 deg., 47 min., 00 sec., West), on the East right of way line of said Dallas Avenue, a distance of 183.13' to the POINT OF BEGINNING and containing 0.9805 acre of land, more or less. This description is based on the Land Title Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on September 12, 2016. City of Port Arthur LS-16-0744 P.R. NO. 19466 09/15/2016 PDL Page 23 of 23 It � '� es 1 �� r °, z i m� i Y� i'- ; ° ° W o Z k ; W y r -8g x5 Bk gY " 6'C S`' x v § A : g i 3 il M3 oe 8. psfr$W <fi- 8' 6 z a m ,uaort vulva i f�• _ A i ,t, < ,« . . < m tY d 0 8'Q m O O ® • yR i unx 8.3 n d •s 6s E Wei %i sofr Ra mBa $gip .-4 F $oa 'a �e 6n: a Y° 4 g SAS I ` ' S o <qk a ei eC I 1b1. -�8 j 15- 3 311i g2 7124 ^baz¢ fi a $ F La ¥fiexs ; is $; vY :. f'"4,4 ,SNr M1 s uogg ` Q 4jNaStj , a %ag 3M.or uv3r Q_51 xfr Rw1...n R,-°-ee R^§ y8.ff .1 .- <j 3vami NISM :- yy w K 11 Rte# 2514 119 R$Q� 8Wg .sa .,io G r g E0 ° 4 .. 5. •.- Z o� (- X _- _— Afi E L: 18 1531 -_- =fry as "� �o 4. 258 _18 di o .s=y 21 e b A vo o v a a "gyp e s Sa �i$ wb I w°E €. biYSs �ewu � n ES u'9 !v lI rag0,, :v is&fi F 'eme<° o'fia_ o ii 1 lAggr 1 R^'"Y aY eY}z ^2 _E eye r.d�$,t6 .=e -+,e a�,F a i tiQ tl J. 0.MO.W5O3nvJ) -- A mS $ N3 !itil s&a r 5 .00'OCt 3.K,OLCS 5 g ^ fi= gg . � -2>a a I.22€y 1°5`i yy�� ;Ili i_ E roBz Ez -_ -25o !!!0 ;Il 4 sfiig's3 1151�tl 0 „ m6 Sp O y} � - $s fi9�1AE vaYl,6 i:6 g6•,Ngo— - - Eff o �ga fb� g � �$ 3 =;`°i � �• ��§ �$3�. `yy� o„ YY e��( fie" f�°R. .`!WW; yy..� 1 H� . €." 4° €� C af°"a . 1iI a F.� E�Bs.°e > • v_i� W� _.. aa�y_.., — ?g� OS Y�8G 5 X58 WOW� � �e4 O ox u x a S ea2� Ad f kE .^ �`fi.gg ha ' boa �., _@ 6'm .J .: ; • c¢ !-Is �3 -1164 ry$ Nt �' els \ ogg. yy R_ / C $Siw iN "1 :8 fiEli 38�A yy '5•. „4y o -- �•138 �• l+t 8 .—•» I '6S 44 y 1 :. Ali!sr 8 8 a _ 9 • °i\ 6 N8 g 4\ €o .,,E6 6' � ,ppYaL 3,K,OLtt 5 rr € s 1,6h glig r4E •qqT pp •' f • 9IF tic x 48:.x. ..� »L !E ; ! e111 g' •af ------- —...%.,,:.„-,:- _,. ..„.,„. ..) ,. :,..t --±—— i C 9 z ti .ctra� ..K.ozcs..�(7:t. 4� '" m-�Y s F� i'x`�iB� R Rt _,. n 1[3 a g ei1iok .� a I.. 3nre v svirva R 9'i 4•� � 8 S e ccli 1aa1,'=1 13 sn 1.011.0.• v y ` �<�5`O; I Ilea L.,,IPP. ..uw-wt,9.'ti eq.sari now,,ec mosa\om oo-rero nm-c\ml\vest«Nr«=w\ewamros\f