HomeMy WebLinkAboutPR 15664: EDC/SALE OF PROPERTY TO HOUSING AUTHORITYIriterof f ice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Valecia R. Tizeno, Acting City Attorney
Dame: December 11, 2009
Subject: P. R. No. 15664;
Council Meeting December 15, 2009
Attached is P. R. 15664 approving the sale of property
along Fourth Street between Mobile and Shreveport Avenues
by the PAEDC to the Port Arthur Housing Authority. Please
note that the property that the City originally conveyed on
March 25, 2009, will be re-conveyed via Correction Deed
based upon payment of the fair market value. The PAEDC
will sell said property tc> the Port Arthur Housing
Authority after an appraisal and determination of the fair
market value. Attached is a Purchase Agreement that sets
forth the terms of said sale. At the meeting, the PAEDC
wi:11 have to inform us of it;s deadline for completion of
the building. The Purchase Agreement states that if a
building is not constructed by a specified date, the
property will revert back to the PAEDC.
vR~r : gt
Attachments
z.p:r15664 memo
P.R. No. 15664
12/08/09
RESOLUTION NO.
A RESOLUTION APPROVING THE SALE OF PROPERTY ALONG
FOURTH STREET BETWEEN :MOBILE AND SHREVEPORT
AVENUES IN THE CITY OF PORT ARTHUR, TEXAS BY THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION TO THE PORT ARTHUR
HOUSING AUTHORITY
WHEREAS, on March 25, 2009, the City of Port Arthur, Texas (the "City") by Special Warranty
Deed conveyed certain property along Fourth Street in the City to the City of Port Arthur Section 4A
Economic Development Corporation (the "PAEDC"), a copy of said deed is attached hereto as Exhibit "B";
and
WHEREAS, the PAEDC also owns certain property adjacent to the property conveyed by the City
to the PAEDC; and
WHEREAS, the above referenced tracts of land along Fourth Street between Mobile and Shreveport
Avenues are more fully described on Exhibits "A-1", "A-2" and "A-3" attached to this Resolution (the
"Property"); and
WHEREAS, the Port Arthur Housing Authority has proposed to the PAEDC the purchase of the
Property for fair market value of the Property which will be determined by an appraisal (the "Purchase Price");
and
WHEREAS, the Port Arthur Housing Authority intends to construct on the Property a building for its
business operations and for the relocation of Port Arthur Housing Authority employees; and
WHEREAS, the sale of the Property by PAEDC to Port Arthur Housing Authority shall be subject to
a reversionary right to the PAEDC, if the Port Arthur Housing Authority does not construct on a building for
its business operations on the Property by the date specified in the Purchase Agreement; and
WHEREAS, the PAEDC at its regular Board meeting on November 16, 2009, authorized its Board
President to negotiate a sale of the Property to the Port Arthur Housing Authority; and
WHEREAS, the PAEDC has proposed the sale of the Property pursuant to the Purchase Agreement
attached. hereto as Exhibit "A"; and
WHEREAS, the PAEDC Board at its special meeting of December 7, 2009, ratified and affirmed the
sale of the Property to the Port Arthur Housing Authority in accordance with the terms of the Purchase
Agreement; and
WHEREAS, the original deed between the City and PAEDC stated that the consideration for the
conveyance was based on the creation of jobs pursuant to Section 253.011 of the Local Government Code; and
WHEREAS, it is also necessary for the City of Port Arthur to execute a Correction Special Warranty
Deed prior to the completion of the sale between the PAEDC and the Port Arthur Housing Authority,
indicati~ig that the City will convey the property based upon payment of the fair market value of the land
determined by an appraisal, pursuant to 272.001(b) (4) of the Local Government Code, the Correction Deed is
attached hereto as Exhibit "C".
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 approves the :>ale by the PAEDC of the Property to the Port Arthur
Housing Authority for its fair market value of the Property to be determined by an appraisal.
Section 3. That the sale of the Property shall be in accordance with and under the terms and
conditions specified in the Purchase Agreement attached to this Resolution as Exhibit "A" and made a part
hereof for all purposes.
Section 4. That the City Council authorizes the City Manager to execute a Correction Deed in
substantially the same form as Exhibit "C" based upon payment of fair market value of the Property to be
determined by an appraisal.
Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of the City
Council..
READ, ADOPTED AND APPROVED o~n this day of A.D., 2009, at a
#732323 Page 2
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
DELORIS "BOBBIE" PRINCE, MAYOR
#732323 Page 3
ATTEST:
TERRI HANKS, CITY SECRETARY
APPROVED:
FLOYD BATISTE, PAEDC CEO
APPROVED AS TO FORM:
GUY N. GOODSON, PAEDC ATTORNEY
APPROVED AS TO FORM:
~~
VALECIA R. IZEN CTING CITY ATTORNEY
#732323 Page 3
EXNIBITi°A"
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement") is entered into, and is effective as of
the date the Escrow Holder dates this Agreement as provided herein (the "Effective Date', by
and between the City of Port Arthur Sectic-n 4A Economic Development Corporation
("Seller") and Port Arthur Housing Authority ("Buyer").
RECITALS:
A. Seller is the owner of certain unimproved real property which is located in the
City of Port Arthur, Texas {the "City") more fully described on Exhibit "A-1", "A-2" and "A-
3" attached hereto (the "Property").
B. Seller desires to sell to Buyer and Buyer desires to buy the surface only without
minerals of the Property upon the terms and subjE;et to the conditions contained herein.
NOW, THEREFORE, in consideration of the promises, covenants, conditions and
agreements contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the; parties hereto agree as follows:
ARTICLE 1
PURCHASE PRICE
1.1 Price and Payment. The purchase price for the Property shall be based upon a
fair market value appraisal, and the determined i.'air market value appraisal price of the Property
shall be the purchase price for the Property (the "Purchase Price"). The Purchase Price, less all
other amounts to be credited towards the Purchase Price, shall be payable to Seller in cash, by
certified or bank cashier's check, or by wire transfer, in full upon closing of the Escrow.
1.2 D,_eAOSit. Within Five (5) days of the Effective Date, a check drawn on a bank
account of the Buyer shall be deposited with. First American Title Company-Joe Deshotel, 505
Orleans Street, Suite 105, Beaumont, Texas 777C-1, (409) 212-1400 {"the Escrow Holder") a cash
deposit, which shall be deposited into aninterest-bearing account, in the amount of One
Thousand and 00/100 Dollars ($1,000.00} (the "Deposit'. The Deposit, including interest, shall
be applied as a credit against the Purchase Price .~t the closing of the Escrow.
1.3 Refund of Deposit. The Deposit, together with any interest accrued thereon,
shall. be fully refundable to Buyer if Seller breaches or defaults in the performance of any of its
obligations under this Agreement, or if Buyer elects to terminate this Agreement pursuant to any
of the contingencies or conditions set forth herein.
1.4 Closin Transaction. Consummation of the sale provided herein shall take place
on the Closing Date (as herein defined) through the Escrow Holder at its offices in Jefferson
County, Texas or at such other place Seller and Buyer mutually agree in writing. At or prior to
the Closing Date (as herein defined), each of the parties shall execute and deliver such
documents and perform such acts as are provided for in this Agreement or as are necessary to
consummate the transaction contemplated hereunder. All obligations of either party to be
performed at or prior to the Closing Date are conditions precedent as well as covenants.
1.5 Escrow Instructions. Seller anti Buyer shall deliver to the Escrow Holder an
executed copy of this Agreement which shall constitute instructions to Escrow Holder. If
required by Escrow Holder, Buyer and Seller shall execute printed form escrow instructions as
may be used by Escrow Holder including any mutually acceptable modifications thereto (the
"Escrow Instructions") to which may be attached to an executed copy of this Agreement and
which together shall constitute Instructions to the Escrow Holder. If any of the provisions of
this Agreement conflict with the Escrow Instruc;tions, this Agreement shall govern and control.
No Escrow Instruction shall excuse any performance by either Buyer or Seller at the times
provided in this Agreement, extend the Closing Date provided far in this Agreement or provide
either Buyer or Seller with any grace period not provided in this Agreement, and any Escrow
Instruction to the contrary shall be deleted or considered of no force and effect.
ARTICLE 2
PRECLOSING MATTERS
2.1 Delivery of Due Diligence Materials. On or before fifteen (15) days following
the I'sffective Date, Seller shall deliver to Buyer the following documents (the "Due Diligence
Materials");
2.1.1. A preliminary title report or commitment ("Title Commitment") for title
insurance for the Property issued by Escrow Holcier, together with full and complete copies of all
documents identified as exceptions therein.
2.1.2. To the extent such materials are in Seller's possession or subject to Seller's
reasonable control, plans and specif cations; .ALTA Survey(s); any structural, seismic and
geological investigations and reports; any environmental investigations and reports as to the
Property.
2.2 Survey. On or before thirty (30} days from the Effective Date, Buyer shall cause
to be delivered to both the Escrow Holder and th.e Seller a current and updated Boundary Survey
of the Property, with Exhibit "A-1", "A-2" and "A-3" being conformed hereto, at Buyer's sole
cost and expense, which survey shall be prepared by a registered land surveyor and shall be
certified to Seller and Buyer, and which shall include a metes and bounds legal description of the
Property, a calculation of the land area of the Property to the nearest one-thousandth (.001) of an
acre (together with the number of square feet of ;area contained therein), and the area, dimensions
and locations of all recorded easements affecting or benefiting the Property.
2.3 Title Commitment. Buyer shall have thirty (30) days after receipt of both the
Title Commitment and Survey within which to object in writing to any exceptions stated in the
Title Commitment or to approve the Title Commitment. In the event that Buyer shall so object
to any exceptions, Seller shall have ten {10) Clays within which to resolve or eliminate such
exceptions or to notify Buyer in writing of its inability or unwillingness to remove such
#732249 Page 2
exceptions. In the event Seller shall so notify Brryer within said period, Buyer, by written notice
to Seller, may do one of the following: (i) ternlinate this Agreement and be released from all
duties and obligations hereunder; or (ii} waive such exceptions and proceed with the transaction
contemplated herein. Any exceptions listed in the Title Commitment to which Buyer shall not
object within such (ten) 10 day period (or which Buyer shall have approved or waived
affirmatively) shall be deemed to be "Permitted E>xceptions."
2.4 Feasibility Period; Right of Entry and Indemnification.
2.4.1. Buyer and its agents shall have one hundred twenty (120) days after the
Effective Date to enter upon the Property upon reasonable .notice to Seller for the purpose of
making such surveys, examinations, soil and engineering tests and other tests and determinations
as Buyer shall elect (collectively "Tests"). At its sole option, Buyer shall have the right to extend
the Feasibility period for two (2) additional periods of Thirty (30} days each, provided notice of
such election is given prior to the expiration of the Feasibility Period. For the right to extend the
Feasibility Period for Thirty (30) additional days the Buyer shall deposit the sum of One
Thousand and 00/100 Dollars ($1,000.00} (the "Additional Deposits") with the Escrow Holder
for each extension exercised. The Additional Deposits, if any, shall be treated in the same
fashion as the Deposit.
2.4.2. BUYER SHALL INDF;MNIFY, DEFEND AND HOLD SELLER
HARMLESS FROM (I) ANY AND ALL LIABILITIES, CLAIMS, DAMAGES AND
EXPENSES (INCLUDING ATTORNEYS' FEES, COURT COSTS, AND COSTS OF
INVESTIGATION) ARISING OUT OF OR :IN CONNECTION WITH THE TESTS OR
THI±; ENTRY UNTO THE PROPERTY BY BUYER OR ITS AGENTS AND (II) ANY
MECHANICS' LIENS ON THE PROPERTY ARISING FROM THE TESTS. iN
ADDITION, BUYER SHALL IMMEDIATELY REPAIR ANY PHYSICAL DAMAGE TO
THE PROPERTY ARISING OUT OF THE TESTS.
2.5 Zoning. If the Property zoning classification is not proper in order to build and
operate the building proposed by Buyer (hereinafter referred to as "the Facility"), then Buyer
shall be responsible for changing the existing zoning classification to a new classification which
will allow for the construction and operation of ithe Facility. If necessary, the Feasibility Period
shall be extended in order to allow the time necessary to obtain any necessary zoning change.
Seller agrees to cooperate with Buyer and to provide such information, take such action(s) and
execute such documents as may be necessary to affect any requisite zoning change.
2.6 PROPERTY CONDITION. NOTWITHSTANDING ANY OTHER
PROVISIONS OF THIS AGREEMENT TO TFiE CONTRARY, BUYER ACKNOWLEDGES
AND AGREES THAT SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
HABITABILITY, AND SUITABILITY AND FITNESS FOR INTENDED PURPOSE, WITH
RESPECT TO ANY ASPECT OF THE PROPERTY. BUYER IS PURCHASING THE
PROPERTY STRICTLY IN "AS IS" "WHERE, AS" CONDITION, AND BUYER ACCEPTS
ANI> AGREES TO BEAR ALL RISKS REGARDING ALL ATTRIBUTES AND
CONDITIONS, LATENT OR OTHERWISE OI? THE PROPERTY. BUYER HAS MADE OR
#732249 Page 3
WILL MAKE PRIOR TO THE CLOSING ITS OWN INSPECTION AND INVESTIGATION
OF THE PROPERTY, INCLUDING, WITHOL7T LIMITATION, ITS SUBSURFACE, SOIL,
ENGINEERING AND OTHER CONDITIONS AND REQUIltEMENTS, WHETHER THERE
ARE', ANY EMINENT DOMAIN OR OTHER PUBLIC OR QUASI-PUBLIC TAKINGS OF
THE PROPERTY CONTEMPLATED, AND ALL ZONING AND REGULATORY MATTERS
PERTINENT TO THE PROPERTY AND TO THE PRESENT USE OR OCCUPANCY OF
THE PROPERTY. BUYER IS ENTERING INTO THIS AGREEMENT AND PURCHASING
THE PROPERTY BASED UPON ITS OWN INSPECTION AND INVESTIGATION AND
NOT' IN RELIANCE ON ANY STATEMENT, REPRESENTATION, INDUCEMENT OR
AGREEMENT OF SELLER EXCEPT AS SPECIFICALLY PROVIDED HEREIN. BUYER
AGREES THAT NEITHER SELLER NOR ANYONE ACTING ON BEHALF OF SELLER
HAS MADE ANY REPRESENTATION, GUARANTEE OR WARR.A.NTY WHATSOEVER,
EITHER WRITTEN OR ORAL, CONCERNING THE PROPERTY EXCEPT AS
SPECIFICALLY SET FORTH HEREIN. AN`A' ENGINEERING DATA, SOILS REPORTS,
OR OTHER INFORMATION THAT SELLER OR ANY OTHER PARTY MAY HAVE
DELIVERED TO BUYER IS FURNISHED WITHOUT ANY REPRESENTATION OR
WAI2.RANTY WHATSOEVER SELLER SHALL HAVE NO RESPONSIBILITY,
LIABILITY OR OBLIGATION SUBSEQUENT TO THE CLOSING WITH RESPECT TO
ANY CONDITIONS, INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL
CONDITIONS, OR AS TO ANY OTHER MATTERS WHATSOEVER RESPECTING IN
ANA' WAY THE PROPERTY, AND BLP-'ER HEREBY RELEASES SELLER, ITS
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WITH RESPECT TO SUCH
CONDITIONS.
2.7 Construction Standards. Buyer has reviewed all requirements of the City of
Port Arthur, Texas for construction standards for improvements including the Facility on the
Property including but not limited to requirements of the City of Port Arthur, Texas for
compliance with the Americans with Disability ~,ct and improvements related thereto.
2.8 Deposit Refund. Buyer's deposit(s) shall be refundable if Buyer is unable to
receive all necessary government approvals, including but not limiting to the proper zoning for
the Facility, legal lot status (final plat), any required conditional or special use permits and all
required building permits for the Facility. Upon the satisfaction of the conditions set forth in this
section 2.8 and the conditions described otherwise in Articles 2 and 3 of this Agreement, Buyer's
deposit shall become non-refundable (except in tlrle event of a Seller default).
2.9 Optional Termination. In addition to the rights specified in Articles 2 and 3 of
this Agreement, Buyer shall have the right to terminate this Agreement for any reason within
thirty (30) days from the Effective Date with a refund of the Deposit.
2.10 Appraisal. Seller and Buyer shall agree upon an appraiser to provide a fair
market value appraisal of the Property. Buyer acknowledges and agrees that Seller may only sell
the Property to Buyer for its fair market value, and the Purchase Price as stated in 1.1 of this
Agreement shall be based upon the fair market value appraisal of the Property.
N732249 Page4
2.11 Warranty Deed from City. As may be necessary in order to meet the
requirements of the Texas Local Government Code or other state law, Seiler shall secure, as
necessary, from the City an amended Special Warranty Deed as to a conveyance of a portion of
the Property conveyed by the City to the Seller dated March 25, 2009 attached hereto as Exhibit
"B" (the "City Deed").
2.12 Reversionary Rights. If following the closing, Buyer has not constructed on the
Property the Facility by the _ day of , 20 ,then Buyer agrees without the
payment of any additional consideration and in consideration of repayment of any costs and
expenses incurred by Seller, to deed the Property to PAEDC which shall in turn convey the
Purchase Price less the costs and charges as specified in 4.5 of this Agreement. This
reversionary right shall survive the closing and shall be a condition within the Special Warranty
Deed.
ARTICLE 3
CLOSING CONDITIONS
The obligation of Buyer to purchase the Property is subject to the satisfaction or waiver
by Buyer of the conditions set forth below, which conditions are for the sole benefit of Buyer and
which may be waived, in whole or in part, by Buyer:
3.1 Title. On or before the Closing Date, Escrow Holder shall be ready, willing and
able to issue to Buyer or Buyer's assignee its ALTA or CLTA form policy of title insurance (or
its nearest equivalent in the jurisdiction where the Property is located} insuring Buyer in the sum
of the Purchase Price that fee simple title of the surface only to the Property is vested in Buyer,
together with such endorsements as Buyer may reasonably require and subject only to (i) liens
for then-current real property taxes, bonds and assessments not delinquent, (ii) the Permitted
Exceptions, (iii} any other matters to which Buyer shall agree in writing.
3.2 Assignment. At the Closing, Seller shall assign all of Seller's right, title and
interest in and to any leases and to any personal property of Seller located at the Property {if any)
and used in the operation and maintenance thereof, and any other agreements entered into
between Seller and third parties as may be approved by Buyer pursuant to Article 2 above, and
shall deliver the originals thereof to Buyer.
3.3 Seller's Warranties. On the Closing Date, Seller shall not be in material breach
of arty of Seller's Warranties and Representations. set forth in Article 6 below.
3.4 Governmental Approvals. Buyer shall proceed to closing only after obtaining
all necessary governmental approvals, including but not limited to the proper zoning for the
Facility, legal lot status (final plat), any required conditional or special use permits, and all
required building permits for the Facility. Seller agrees, upon Buyer's request, to cooperate with
Buyer in connection with Buyer's efforts to secure such approvals, provided any such requested
cooperation is reasonable under the circumstances.
k732Z4~i Page 5
ARTI(:LE 4
CLOSING
4.1. Escrow. The purchase and sale transaction contemplated by this Agreement shall
be consummated through the Escrow established by the Escrow Holder.
4.2 Closing Date. Closing of the Escrow (the "Closing Date") shall take place on a
mutually convenient date and time not less than three (3) business days nor more than fifteen
{15) business days following the satisfaction andJor waiver by Buyer of all conditions described
in Articles ?and 3 of this Agreement.
4.3 Escrow Instrnctions. The parties agree that this Agreement shall serve as
Escrow Instructions to Escrow Holder for the transactions contemplated hereunder, and by
delivery of this Agreement to Escrow Holder„ hereby instruct Escrow Holder to open and
complete Escrow and Closing in accordance with the terms hereof. Buyer and Seller shall
deposit with Escrow Holder in a timely fashion all funds, documents, supplemental instructions
and instruments necessary to consummate the transactions contemplated by this Agreement prior
to the Closing Date. Buyer and Seller shall execute and deliver such additional Escrow
Instructions to Escrow Holder as Escrow Holder may reasonably require, provided that such
instructions are consistent with this Agreement.
4.4 Prorations. Assessments and real property taxes shall be prorated between Buyer
and Seller as of the Closing Date.
4.5 Closing Costs and Charges. Buyer shall pay for Standard Owner's Policy of
Title Insurance, any County or City transfer taxers and half of Escrow Fees. Buyer shall pay for
any extended Title Policy Endorsements and half' of Escrow Fees. Any and all other charges shall
be paid as customary in Jefferson County, Texas. Buyer and Seller agree to pay their own
professional service fees including attorneys' fees necessary as incurred by either party with
respect to this Agreement.
ARTICLE 5
TRANSFER OF TITLE AND POSSESSION
5.1 Deed. Seller shall convey to Buyer or to Buyer's assignee at the Closing, by
Special Warranty Deed, fee simple title to the Property, free and clear of any and all recorded
and unrecorded liens, claims, obligations, encumbrances, easements, leases, covenants,
restrictions and other matters affecting the Property and/or title thereto except only the Permitted
Exceptions, current real property taxes and assessments not yet due and payable, and any other
matters to which Buyer shall agree in writing. The form of the Special Warranty Deed to be
executed by Seller to Buyer is attached hereto as Exhibit "C".
5.2 Possession. Seller shall deliver possession of the Property to Buyer on the
Closing Date.
M732249 Page 6
ARTI(:LE 6
REPRESENTATIONS AND COVENANTS OF SELLER
Seller represents to the best of its knowledge and agrees as follows, which
representations, warranties and agreements shall survive the close of escrow and delivery of the
Deed to Buyer:
6.1 Authori No further authorization, whether corporate, partnership, individual
or otherwise is necessary or required as a condition precedent to Seller entering into this
Agreement or performing its obligations hereunder, except for the consent of the City, which is
required.
6.2 Municipal Code. Seller has no knowledge of and has not received any notice of
any municipal code violation enforceable by the City of Port Arthur, Texas.
6.3 Accuracy of Documents. To the best of Seller's knowledge, Seller represents
that all of the documents, information and records provided to Buyer by Seller in connection
with the transaction contemplated herein are true in all material respects.
6.4 Public Improvements; Condemnation. Other than matters recorded in the
public record and listed in the Title Commitment, Seller knows of no intended or contemplated
public improvements or condemnation or of a:ny condition of the land that will fi-ustrate or
interfere with Buyer's intended use of the Property. To the best of Seller's knowledge the
Property satisfies all federal, state, and local statutes, ordinances and regulations.
6.5 Litigation. To the best of Seller's knowledge, there are no claims, administrative
actians or lawsuits, pending or threatened, against Seller relating in any manner to the Property,
or on account of the surface or subsurface physical characteristics of the Property. To the best of
Seller's knowledge, there are no violations, threatened or pending, of any local, state or federal
law or regulation affecting the Property and there are no pending or contemplated assessments,
eminent domain, condemnation or other governmental takings of the Property or any part
thereof.
6.6 Hazardous Materials; Unsafe Conditions. Except as otherwise disclosed to
Buyer by Seller, Seller has received no notice from any local, state or national governmental
entity or agency or other source of any hazardous waste condition existing or potentially existing
with respect to the Property. To the best of Seller's knowledge, there has been no use, discharge,
release, generation, storage or disposal of in, on, or under the Property of any hazardous waste,
toxic substances or related materials {"Hazardous Materials") except in accordance with
applicable law. For the purposes of this representation and warranty, Hazardous Materials shall
include but shall not be limited to, any substance, material, or waste which is or becomes
regulated by any local governmental authority, i:he State in which the Property is located, or the
United States Department of Transportation Hazardous Materials Table (49 CFR 172.101} as
amended from time to time. Further Seller agrees that it will not discharge, release, use, generate,
store or dispose, or permit or suffer the discharge, release, use, generation, storage or disposal of
any Hazardous Materials above, in, on, under or around the Property in violation of any
N7322~9 Page 7
envixoxunental law prior to the Closing. Seller further warrants that to the best of its knowledge,
there is no underground storage tanks located on t:he Property.
6.7 Condition. From the date of Buyer's inspections through Close of Escrow, Seller
will maintain the Property in the same condition, reasoxable wear and tear excepted.
6.8 New Agreements. From and after the date hereof, Seller shall not renew, extend
or enter into any new lease or service or management contract, or other agreement that affects
the use of the Property without the prior written. consent of Buyer, which consent shall not be
unreasonably withheld, conditioned or delayed.
6.9 No Leases. There are no leases, licenses, concessions, or other oral or written
agreements affecting the Property that grant to any person or entity the right of occupancy or use
thereof, except as may be disclosed in the Title Commitment or otherwise included in the Due
Diligence Materials.
6.10 Foreign Person. Seller is not .a foreign person or entity under the Foreign
Investment in Real Property Tax Act of 1980, as amended, and no taxes or withholding under the
Foreign Investment in Real Property Tax Act of 1980, as amended, shall be assessed or applied
to Buyer in connection with the transaction contemplated hereby.
6.11 Closing Warranties. All warranties and representations contained in this
Agreement, except as otherwise disclosed in wrii;ing, shall be deemed to have been repeated by
Seller as of the Closing, and shall be true and accurate as of the Closing.
ARTICLE 7
TERMINATION AND DAMAGES
7.1 Termination. Except as expressly prohibited in this Agreement, in the event of
any default in this Agreement by either of the parties hereto, the other party, in addition to any
right or remedy available hereunder, at law or in equity, shall have the right to terminate this
Agreement by written notice to the defaulting party and Escrow Agent. If any such termination
is the: result of default hereunder by Seller, then t:he Earnest Money and interest accrued thereon
shall be returned to Buyer. If Buyer defaults hereunder, actual damages to Seller will be difficult
to ca_culate but Buyer and Seller agree that the amount of the Earnest Money designated above is
a reasonable approximation thereof Accordingly, if Buyer defaults, Seller shall be entitled to
terminate this Agreement and immediately upon such termination by Seller, Escrow Agent shall
pay to Seller, as Seller's sole remedy, the Earnest Money, together with interest thereon, and any
other monies paid on behalf of Seller, Nothing; contained in this Section shall prevent Seller
from enforcing Buyer's obligations and liabilities which survive a termination of this Agreement.
7.2 No S~recific Performance. If either Buyer or Seller breaches this Agreement
prior to the Closing and, as a result, the Closing does not occur, each party waives the right to
specific performance. Each party agrees that this clause shall constitute an absolute defense to
any action filed by one of the parties hereto against the other for specific performance. This
clause, if asserted by one of the parties hereto against an action for specific performance, shall
/1732249 Page 8
enable said party to cause the action for a specifiic performance to be set aside at any time nunc
pro tune.
7.3 Condemnation and Casualty. If'before the Closing, either party receives notice
of aray condemnation or eminent domain procee;ding, any proceeding in lieu of condemnation
being initiated against the Property, or the damage or destruction of all or a part of any
improvements located at the Property, the party receiving the notice shall promptly notify the
other party in writing of that fact. Buyer may elect to either proceed with the sale of the Property
or to terminate this Agreement within thirty (30) days from the date that the notice is received. If
Buyer elects to proceed with the acquisition of the Property, then Buyer may, solely at its own
discretion, accelerate the Closing to any time prior to the Closing Date set forth hereinabove. If
Buyer proceeds with the purchase in accordance with the terms of this Agreement, all
condemnation and insurance proceeds shall be paid to Buyer. If any proceeds have not been
collected as of the Closing, then all rights to those proceeds shall be assigned to Buyer at the
Closing.
7.4 DAMAGES. SELLER AND BUYER AGREE THAT IF BUYER BREACHES
ITS OBLIGATIONS HEREUNDER, SELLER SHALL RETAIN, AS SELLER'S SOLE AND
EXCLUSIVE REMEDY, THE AMOUNTS DEPOSITED WITH ESCROW HOLDER
PURSUANT TO THIS AGREEMENT, TOGFiTHER WITH ANY ACCRUED INTEREST
THEREON AS OF THE TIME OF DEFAULT AS LIQUIDATED DAMAGES, IT BEING
AGREED THAT UNDER ALL THE CIRCUMSTANCES EXISTING AT THE TIME OF
THIS AGREEMENT, THIS PROVISION LIQUIDATING DAMAGES IN THE EVENT OF
THE BUYER'S DEFAULT IS REASONABLE, THE DAMAGES RESULTING TO SELLER
BY REASON OF SUCH BREACH ARE NOW' AND THEN WOULD BE DIFFICULT AND
IMPRACTICAL TO DETERMINE AND THAT THE BEST ESTIMATE, BASED ON ALL OF
THE CIltCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, OF THE
TOTAL DAMAGES THAT SELLER WOULD SUFFER IS AND SHALL BE AN AMOUNT
EQL'~AL TO THE SUMS DEPOSITED BY BUYER WITH ESCROW HOLDER AS OF THE
TIME OF DEFAULT. IN PLACING THEIF: INITIALS 1N THE SPACES PROVIDED
BELOW, THE PARTIES CONFIRM THAT 'THEY HAVE READ, UNDERSTAND AND
AGREE TO THIS PROVISION.
BUYER SELLER
7.5 Waiver. Excuse or waiver of the performance by the other party of any
obligation under this Agreement shall only be effective if evidenced by a written statement
signed by the party so excusing. No delay in exercising any right or remedy shall constitute a
waiver thereof, and no waiver by Seller or ]Buyer of the breach of any covenant of this
Agreement shall be construed as a waiver of amf preceding or succeeding breach of the same or
any other covenant or condition of this Agreement.
#7322A9 Page 9
ARTICLE 8
MISCELL,A.NEOUS
8.1 Mer er. Except as otherwise expressly provided in this Agreement, the
representations, warranties and agreements of the parties contained or provided for in this
Agreement shall survive the close of escrow and delivery of the Deed to Buyer.
8.2 Notices. Unless otherwise specifically provided herein, all notices, consents,
directions, approvals, instructions, requests and other communications required or permitted by
the terms hereof to be given to any person or entity shall be in writing, and any such notice shall
become effective f ve (5) business days after being deposited in the mails, certified or registered,
with appropriate postage prepaid for first-class mail or, if delivered personally, by reputable
overnight courier service, or by facsimile transmission or electronic mail, when received, and
shall be directed to the address of such person or~ entity set forth below, or at such other address
as either party shall hereafter designate in writin€; and deliver to the other in accordance with the
provision of this paragraph:
Buyer at: Port Arthur Housing Authority
Attn: Cele Quesada
920 DeQueen Blvd, P.O. Box 2295
Port Arthur, Texas 77643
Telephone: (409) '984-2600 or (800) 590-6442
Facsimile: (409) 983-7803
Email:
Seller at: Floyd Batiste, CEO
Port Arthur Section 4A Economic Development Corp.
4173 39th Street
Port Arthur, TX '77640
Telephone: (409) 963-0579
Facsimile: (409) 962-4445
E-mail: fbatiste~«,paedc.or~
Guy N. Goodson, EDC Attorney
Germer Gertz, LI1P
P. O. Box 4915
Beaumont, Texas 77704
Telephone: (409) X654-6730
Facsimile: (409} 835-2115
E-mail: ~~oodson «,~ermer.com
Escrow Holder at: First American Title Company
Attn: Joseph Deshotel
505 Orleans StreE:t, Suite 105
Beaumont, Texas 77701
Telephone: (409) 212-1400
#732249 Pagc10
Facsimile: (409) 212-1419
E-mail: iddeshotel(a,fil-stam.com
8.3 Authority and Execution. Each person executing this Agreement on behalf of a
party represents and warrants that such person is duly and validly authorized to do so, has foil
right and authority to enter into this Agreement a~xd all of its obligations hereunder.
8.4 Severability. The invalidity or wnenforceability of any term or provision of this
Agreement or the nonapplication of any such term or provision to any person or circumstance
shall not impair or affect the remainder of this Agreement, and the remaining terms and
provisions hereof shall not be invalidated but shall remain in full force and effect and shall be
construed as if such invalid, unenforceable, or no:napplicable provision were omitted.
8.5 Waiver or Modification. No waiver or modification of this Agreement or of any
covenant, condition, or limitation herein contained shall be valid unless in writing and duly
executed by the party to be charged therewith. 1`fo evidence of any waiver or modification shall
be offered or received in evidence in any proceeding, arbitration, or litigation between the parties
arising out of or affecting this Agreement or the rights or obligations of any party hereunder,
unless such waiver or modification is in writing and duly executed as aforesaid. The provisions
of this Article S.S may not be waived except as herein set forth.
8.6 Headings. The headings of the various Articles of this Agreement are for
convenience of reference only and shall not modify, define or limit any of the terms ar
provisions hereof or thereof.
8.7 Parties in Interest. The terms of this Agreement shall be binding upon, and
inure to the benefit of, the parties to this Agreement and their successors and assigns. Buyer
shall not assign its rights under this Agreement without the prior written consent of Seller. No
assignment shall be to an assignee whose business purpose has not been approved by prior
written action of the Board of Directors of Seller and, as necessary, the City Council for the City
of fort Arthur, Texas. Seller shall, upon written request from Buyer, execute a Deed directly in
favor of Buyer's assignee.
8.8 Counterparts. This Agreement maybe executed by the parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute but one and the same instrument.
8.9 Broker Fees. Seller disclaims livability for payment of any brokerage fees as to
the transactions specified in this Agreement.
8.10 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
8.11 Tirne. Time is of the essence of 1:his Agreement.
11732249 Page 11
8.12 Attorneys' Fees. In the event of any proceeding brought by either party to
enforce the terms of or arising out of this Agreement, the prevailing party shall be entitled to
recover all costs and expenses incurred in conne~:,tion therewith, including reasonable attorneys'
fees.
8.13 Cooperation. Each party hereto will, upon the reasonable request of the other
party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered,
such further instruments and documents as may be reasonably necessary in order to fulf 11 the
intents and purposes of this Agreement.
8.14 IRC 1445. Buyer's performance hereunder is conditioned upon Seller providing
Buyer at close of escrow with all documentatic-n required by Internal Revenue Code Section
1445 to assure Buyer that Seller is not a "foreign person" as that term is used in Section 1445, or
in the alternative, if Seller is a "foreign person," to assure that all steps have been taken so that
Buyer will not be liable for payment of any taxes due on the proceeds of the sale.
8.IS Exehan~e. The parties, or either of them, shall have the right to secure a trade or
exchange of properties of like kind of the parties' respective choices (pursuant to Section 1031 of
the Internal Revenue Code as amended}, as long; as the obligations imposed on the other party
shall not be greater than the terms and conditions of this Agreement, nor shall such obligations
delay the Closing Date beyond that allowed by tl:-is Agreement. Nothing in this Article 8.15 shall
require either party to take title to any other real property as part of its obligation to cooperate in
any such trade or exchange.
8.16 Entire Agreement. This Agreement constitutes and contains the entire
agreement of the parties with respect to the subject matter hereof and thereof, and supersedes any
and all other prior negotiations, correspondence, understandings and agreements respecting the
subject matter hereof and thereof. This Agre+;ment is executed without reliance upon any
representation by any party hereto except as expressly set forth herein. This Agreement may not
be changed orally but only by an agreement in writing signed by the party against whom
enforcement of any waiver, change, modification, extension or discharge is sought.
IN WITNESS WHEREOF, the parties. hereto have executed this Agreement and the
Effective Date is the date that the Escrow Holder has received, signed and dated this document
set forth below ("the Effective Date"):
Signatures on next pale;
Page 12
8732249
SELLER:
City of Port Arthur Section 4A Economic Development Corporation
By:_
President
By:_
Secretary
Date: , 2009
Date: , 2009
BUYER:
Port Arthur Housing Authority
By:_ Date: , 2009
President
ESCROW HOLDER:
First American Title Company
Attn: Joseph Deshotel
505 l7rleans Street, Suite lOS
Beaumont, Texas 77701
Telephone: (409) 212-1400
BY~__
Title:
Date Received: , 2009
the "Effective Date"
Escrow Holder shall notify both Seller and Buyer in writing of the "Effective
Date" of this Agreement and deliver copies of the fully executed Agreement
to each.
tt732249 Page 13
EXHIBIT "A-1"
ERHIEI'.T "A-I"
FIf;LO NOTE' DEaCRIPTI'014
62,858 SQiUAR~ FEET
URBAN RENEI~AL C~G>:IiCI'
pISPOSAL T'RAC'f 2-1
A17 that certain tract or parcel ror,taininy 52,850 square feet~of land out of
E;Tack 1:52, and the Mabry Addi•i;ion, City of Part Arthur, Jefferson County, Texas,
and being more particularly described hy•mei:es acid bounds as• follows, to••wit:
COP'i;~SL-NCING at a point far refer•~ncc, the intersectian of the northrlest ling of
tf~e 20 foot alley southeast of Proctor Street with the southwest line of existing
hiobi l e Avenue (40 font iri dth)
THENCE 5 41°13'00" b(, along the southeast line of said 20 foot alley for a distance
of 5.0 feet to a Coppertaeld monument set for the most northier1y corner and PLACE
OF BEGINNING of the Tract herein described;
7HEliCE S 48°47`00" E, S.0 feet southwest of and parallel to the southwest line of
existing l~io5ile Avenue, far- a distance ofi 271.10 feet to a Ccpper~eld monument
set in the northrNest•riyht-o•i-way line of Fourth Street extension (£0 foot width)
for the most easterly corner;
THENCE along the arc of a curve to the right r,~hase chord bears S 52°26'47" W, having
a radius of 1105.92 feet and a delta angle ofi 13°32'40", for a distance of 261.43
feet to a Copperwel d rnonurtrent set for the most southerly corner;
THEIJCE departing Fourth Street extension iV 48°47`40" 1•!, 220.30 feet to an "X" cut
in a concrete drain on the southeast ling of aforementioned 20 foot alley for the
Host westerly corner;
T~tENCE h~ 41°13'00" E; along the southeast line of said 20 foot alley for a distance
of 255.83 feet to the most northerly corner and PLACE OF BEGIPJNii4G .and containing
62,558 square feet~of land.
Turner, Collie & Braden, Inc.
Consulting Engineers
Houston Port Arthur
May 20, 1971
Job No. 0646-Oi0
• Lonnie C. Pace II
Registered Public Surveyor
Texas Registration No. 1573
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FIELD NOTE QE:SCRIf~TI06~
37, 513 SQl1AitE FEET
URaAIV REP?EI•!~;1. AGCP?CY
DISP05AL TF;ACT 2-3
All that: certai r~ tract or Parcel containing 37,513 square feet out of 81ock 152
of tl~e City of Part Artliur•, Jefferson County, Texas., trrid being more par°ti cul arly
described by rn~tes and t,ounds as falloavs, to-wit:
BEG11Vh?I!~!G at an "a" cut i n a concrete s 1 ab at the i rr tersecti on of the northeast
right-of-ti~:ay line of Shrev~~port Avenue (T0 feet -~,ide) with the southeast line of
the 20 foot alley southeast of Proctor Street for the :Host r~estcrly corner;
7HEt?CC iJ 4~1°13`UO" E, along tl~e southeast 1•ine of said alley fur a distance of
249.?7 feet to an "Y." cut in a concrete slab'for the most northerly corner;
THEfVCE departing said alley S A8°47'00" E, 172.09. feet to a Co;~penreld monument
i n the northwest ri ctht-of-i+raN~ i i ne of Fourth Street Extension (~U, 0 feet tr•i de)
for the most easterly cor•ncr;
THCr~CE along the arc of a curve to the left in the northwest right-of-w.ay line of
Fourth Street Extension whose chord bears 5 48°39'S1" !~, having a ra;;ius of
994.92 feet and a delta angle of 14°31'19", for a distance of 252.17 feet to a
Coppei x~el d mcnu-nent in the northeast ri ght-of-~:ay l;ne of 5h-^ev~port Avenge fur
the most southerly corner;
THENCE F? ng°47'00" ld, along the northeast right-of-t~1ay line of Shreveport Avenue
fora distance of •i:~y.SU toot to file most westerly corner and 1'LAI:L tJl- lit~11~IIV1I~c;
and containing 37,513 square feet of land,
Turner, Ca]lic.& araden, Inc,
Consul tiny Engineers
Houston Port Arthur
I~ay 20, 1971
Job No. OG4b-010
o{r
Lonnie C:~Pace I~-
Registered Public Surveyor
Texas Registration No. 1573
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EXHIBIT "A-3"
LOTS SEVEN (7) & EIGHT (8) DLOCK ONE HUNDRED FIFTY TWO (152)
CITY -EIGHT HUNDRED BLOCK FOURTH STREET {800 HLK. 4TH ST) OUT
Or NORTH ONE HUNDRED SEVENTY TWO (N172) OF EAST FIFTY FEET
(E50') LOT EIGHT (8} & NORTH TWO HUNDRED TWENTY FEET (N220') LOT
SEVEN (7) ONE IIUNDRED rIFTY DY TWO IIUNDRED TWENTY POINT
THREE BY ONE HUNDRED FIFTY SEVEN POINT FIFTY NINE BY ONE
HUNDRED SEVENTY TWO POINT ZERO NINE (150X220.3X157.59X 172.09)
CITY OF PORT ARTHUR ADDITION LOCATED IN THE CITY OF PORT
ARTHUR AS PER MAP OR PLAT LOCATED IN JEFFERSON COUNTY,
TEXAS
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU A.RE A NATURAL PERSON, YOU MAY REMOVE OR
STROKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THE INSTRUMENT THAT TRANSFERS
AN INTEREST IN REAL PROPERTY BEFORE IT IS 1:ILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF 'TEXAS §
COUNTY OF JEFFERSON §
The City of Port Arthur Section 4A Economic Development Corporation ("Grantor") in
consideration of the sum of TEN AND NO/i00 DOLLARS {$10.00) and other good and valuable
consideration, to Grantor in hand paid by Port Arthur Housing Authority ("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 tract of land more fully described on Exhibit "A-1", "A-2" and "A-3" attached hereto and
made a part hereof for all purposes (the "Property").
This conveyance is made subject to the following:
(1) easements and rights-of--way appearing of record in the office of the County Clerk of
Jefferson County, Texas;
(2) all covenants, restrictions, and all conditions, exceptions, reservations and conveyances
of minerals and/or royalties, oil anal 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;
(3) taxes on the above described property for 2009 and subsequent years not yet due and
payable; and
(4) all zoning laws, regulations and ordinances of municipal and other governmental authorities,
if any, but only to the extent that they are still in effect, relating to the above described
property.
TO HAVE AND TO HOLD, the said Property, together with all rights, hereditaments 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, by,
through, or under Grantor, but not otherwise.
When Grantor or Grantee or both of them are amore than one (1) person, or when Grantor or Grantee
or both of them are a corporation, limited liability company, parhiership, 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.
S`T'ATE OF "CEXAS §
COUNTY OF JEFFERSON §
Grantee has joined in this Deed to evidence Grantee's acceptance of this Deed.
EXECiJTED this the day of , 2009.
GRANTOR:
City of Port Arthur Section 4A
Economic Development Corporation
By:
This instrument was acknowledged before me on the _ day of 2009, by
of City of Port Arthur Section 4A Economic Development
Corporation.
Notary Public, State of Texas
N73228i Page 2
Accepted by GRANTEE:
STATE OF TEXAS §
COUNTY OF .FEFFERSON §
Pori; Arthur Housing Authority
By:
This instrument was aclrnowledged before me on the _ day of 2009, by
____ of Port Arthur Housing Authority.
Notary Public, State of Texas
GRANTEE'S MAILING ADDRESS:
Port .Arthur Housing Authority
N732285 Pagc3
EXHIBIT °°B"
• . . , , • ~~~~~~~~ °~ 2@@9@11826 (.: ~
l~l~l~il~l~f~~ ~
RECEIVED APR 4 92009
SPECIAL WARRANTY DEED
Date: March a'~S , 2009
Grantor: City of Port Arthur, Texas, a muixicipal corporation
Grantor's Mailing Address (including county): P. O. Box 1089, Port Arthur,
Jefferson County, Texas 77641-1089
Grantee: Port Arthur Section 4A Economic Development Corporation
Graatee's Mailing Address {inclading coanty}: 444 4`h Street, Port Arthur,
. Jefferson County, Texas 77640
Consideration: For the creation of jobs. The creation of jobs is considered a public
purpose. Pursuant to Section 253.OI 1 Local Government Code, the ownership of
these tracts will automatically revert to the City if the Section 4A Economic
Development Corporation fails to use this property for this purpose.
Property (including aay improvement): 62,858 square feet of land being Urban
Renewal Agency Disposal Tract 2-1 as described in Exhibit "A-1" and 37,513 square feet
of land being Urban Renewal Agency Disposal Tract 2-3 as described in Exhibit "A-2".
Reservations from and Exceptions to Conveyance and Warranty: This conveyance is
made expressly subject to all easements, rights-of way, restrictions, covenants, and
conditions and all exceptions, reservations, and conveyances of minerals and/or royalties,
oil and gas and/or mineral leases, affecting the above described property, and to all
zoning laws, ordinances, rules and regulations ofmunicipal andlor other governmental
authorities, but only to extent that same are in force and effect and relate to the above
described property. This conveyance is also made subject to all state and federal laws
and regulations, if any, affecting said property though they may be unrecorded.
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 anywise 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
Crantee'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.
z.special warrantydeed edc
' ~,~ ~ ~~
Executed on the ~.~~' day of /'c ~~ A.D., 2049.
APPROVED AS TO FORM:
City Attorney M~,Qie S6,rv ~ ~ ~
ATTEST: ~ ~
~~.~--~
City Secretary T,CR./ /BANKS
GRANTOR:
CITY OF PORT ARTHUR
BY:
Stev itzgibbons
City Manager
z.special warcaaty deed edc
' ~ ' , ~~ ~~
ACKNOWLEDGEMENT
THE STATE OF TEXAS:
COUNTY OF JEFFERSON:
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Steve Fitzgibbons, City 1ldanager 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 a 5 day of
arch A.D. 2009. ~~
M~{'A11111~ON~A N~O/TARY LIC, STATE OF TEXAS
sr~cnor~
nlroow, rat~t~tt
Original to Grantee: Port Arthur Section 4A Economic Development Corporation
10 . 444 4 Street
.Port Arthur, TX 77640
Copy to Grantee:
City of Port Arthur
Attn: City Attorney
P.O. Box 1089
Port Arthur TX ?7641-1089
zspecial warranty deed edc
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SIHIBIT "A 1"
FIE.t_0 NOTI: OrSCRiPTIOi~I
62,858 SQUARC F'FCT
u~tgai Rt:Newrr rtcrrrcr
OISPOSAt_ 1RhCt 2.1
Atl ~ that certain tr=act or parcel contatntrty 62,858 sq:+ar~ feet of land out of
Block 152, and the r~a~+y Addttto;r. CttY of Part Arthur, Jefferson County, Texas,
and being more parttcutarly descWtbed by metes and bounds as folio•rs, to•wtt.
COM,NCttCIRG at tt point for s•efer4nce, the tntcrset:tion c-f the north~rest lino of
the 20 foal alley souyt,eaxt of Proctor Sttseat with the southNC-st line of existing
Habile Avenue (40 foot l~tdth);
THfHC£ S 41°13'00" u, along the southeast l+no of said 24 foot alley for a' distance
of 5.Q feet La a Coppertteld monwaent Set for the rest nortl;eriy corner and~I`t.AfE
4F l3EGINHil~G of the tract herein described; .
THEtitt: S 48°47'00" ~, 5,0 feet sautheest of and parallel to tfte sauthwest line of
existing tdo5tile Avenue, for a distance of 271.10 feet to a Conperweld monument
set in tree nortltt~ast right-of-way line of Fourth Street extension (£4 foot trtdth)
for the most easterly corner;
'THENCE along the arc of a curve to the right whale chord bears 5 52°26'A7" N, havtttg
a radius of 1105.92 feet and a delta angle of 13°32'44", for a distance of 261,43
feet to a CaPpertrteld monument set far the asst sorctherly corner;
3H1:l1CE deperttng Fourth Street extension N 48°47'04" k, ?24.30 lest to an "X" cut
in a Concrete drai+: on the southeast Ttne of aforeme~+t+oned 20 foot alley for the
cost +resterl,f catner;
T1iEkCE !! 4T°13'00" E, atong the southeast line of stud 20 foot alley fora distance
of 255.83 feet to the cost northerly corner and PLACE OF BEGIlIHINC and contatnistg
62,858 squAre feet of land.
Turner, Collie & Araden, inc.
Consulting Engineers
Houston Port Arthur
May 20 , 1911
Job tie. 4646-010
rR. ~,
~ ~ ~ ~`
ann a G~ace~I^' ~'
Registered Public Surveyor
Texas Regtstratiott iio. 1573 ~
'"4
EXHIBIT °°C"
WILL BE PRESENTED
AT THE COUNCIL MEETING