HomeMy WebLinkAboutRES 98-127 RESOLUTION NO. � -ld
WHEREAS, the City submitted to the qualified voters of the municipality at the City
general election on the first Saturday in May, 1998, the following issue:
"Shall approximately 1.4487 acres of Perlstein Park, the same being that
portion not used or needed for street and utility purposes, be sold or
otherwise conveyed? Any monies acquired from said sale are to be used to
provide park lands or facilities."
and the issue was approved by a majority of the votes received at said election;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT-
Section 1.
THAT the City Manager be and he is hereby authorized and directed to execute and
deliver a deed to Weingarten Realty Investors conveying the real property described on
the attached Exhibit "D" and the City Clerk is directed to attest to same.
Section 2.
The City is authorized to accept the street easement, a copy of which is attached hereto
as Exhibit"F", upon and over the real property described on Exhibit "G" attached hereto.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day
of 1998.
s
- Mayor -
Legal Description: 1.4437 Acre Tract or Parcel of Land
Part of Lot 3 and all of Lot 9, Block 3
Part of Laurel Heights Park and Playground
Laurel Heights Subdivision
Volume 7, Page 19, Map Records
A Portion of the B.S.L.&W. Railroad Right-of Way and
A Portion of the Abandoned Liberty Ave.
Beaumont, Jefferson County, Texas
BEING a 1.4487 acre tract or parcel of land out of and part of Lot 8 and all of Lot 9,
Block 3 and Part of the Laurel Heights Park and Playground as recorded on the final plat
of the Laurel Heights Subdivision, a subdivision of the City of Beaumont, Jefferson
County, Texas as recorded in Volume 7, Page 19, Map Records, Jefferson County, Texas
and also a portion of the abandoned B.S.L.& W. Railroad right-of-way and a portion of
the abandoned Liberty Avenue, said 1.4437 acre tract being more particularly described
as follows:
BEG NNI TING at a'/a" iron rod found for the Southwest corner of the tract herein
described, said corner being an interior "ell" corner of that certain called 1.8223 acre tract
of land as conveyed by Kroger Co. to Village Management Co., Inc. as recorded in Film
Code No. 100-95-2196, Official Public Records of Real Property, Jefferson County,
Texas;
THENCE NORTH 030 13'57" WEST, along and with the East line of the said 1.8223
acre Village Management Co., Inc. tract, for a distance of 214.07 feet to a 518" iron rod
found for corner, said corner being in the South right-of-way line of the Liberty-Laurel
Connector(right-of-way width varies);
THENCE SOUTHEASTERLY, along and with the South right-of-way line of the
Liberty-Laurel Connector, and along and with'a curve to the right having a central angle
of 8°09'26", a radius of 1849.86 feet, a chord bearing of SOUTH 81°57'05" EAST a
chord distance of 263.14, for a distance of 263.36 to a 5/3" iron rod found for corner;
THENCE SOUTH 60°33'49" EAST, continuing along and with the South right-of-way
line of the Liberty-Laurel Connector, for a distance of 110.90 feet to a 5/8"iron rod found
for corner;
THENCE SOUTH 21 013'50" EAST, continuing along and with the South right-of-way
line of the Liberty-Laurel Connector, for a distance of 105.75 feet to a point for corner,
said corner unable to be found or set due to fence post, said corner being in the centerline
of the abandoned Liberty Ave. and also being the Northeast corner of the Laurel Square
Townhomes, a condominium project, as recorded in Volume 2, Page 93 & 94,
Condominium Records, Jefferson County, Texas:
Exhibit "D"
MARIE W. WHITELEY LVD ASSOCIATES, INC.
PAGE 2
1.4487 Acre Tract or Parcel of Land
Part of Lot 8 and all of Lot 9, Block 3
Part of Laurel Heights Park and Playground
Laurel Heights Subdivision
Volume 7, Page 19, Map Records
•Portion of the B.S.L.&W. Railroad Right-of-Way and
•Portion of the Abandoned Liberty Ave.
Beaumont, Jefferson County, Texas
THENCE SOUTH 86 026"47" WEST, along and with the North line of the said Laurel
Square Townhomes, the North line of that certain called 1.2582 acre tract as conveyed by
Beaumont Medical Arts, Inc. to Fantail Investments, Inc. as recorded in Clerk's File No.
96-9617807, Official Public Records of Real Property, Jefferson County, Texas and
along and with the most Southerly North line of the above referenced 1.8223 acre Village
Management Co., Inc. tract, for a distance of 384.09 feet to the POINT OF BEGINNING
and containing 1.4=187 acres, more or less.
Surveyed on March 20, 1998 by Mark W. Whiteley, RPLS No. 3636. This legal
description is being submitted along with a plat based on this survey (see EXHIBIT "B").
OF
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Mark W. Whiteley, RPLS No. 3636 s U ft
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MARK W. WHITELEY AND ASSOCIATES,INC.
EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
THAT WE,
(1) John Frederic Simon, of Rapides Parish, Louisiana,
Individually and as Trustee Under the Will of
Juliet Perlstein Simon, Deceased, and as
Independent Executor of The Estate of Juliet
Perlstein Simon, Deceased;
(2) Charles H. Weinbaum, Jr. , of Jefferson County,
Texas, Individually And As Independent Executor Of
The Estate Of Eleanor Perlstein Weinbaum, Deceased;
and
(3) Muriel Selber Phillips, acting herein by and
through her agent and attorney-in-fact, John
Frederic Simon, of Rapides Parish, Louisiana;
for and in consideration of the sum of Ten Dollars ($10. 00) and
other good and valuable consideration to us in hand paid by The
City of Beaumont, Texas, a municipal corporation of Jefferson
County, Texas, the receipt of which is hereby acknowledged, have
GRANTED, SOLD and CONVEYED and by these presents do hereby GRANT,
SELL and CONVEY unto the said The City of Beaumont, Texas, an
easement for the purpose of constructing and maintaining public
streets, upon and over the following described real property
situated in Beaumont, Jefferson County, Texas, to-wit:
That certain tract of land in Jefferson County,
Texas, described on Exhibit "G" attached hereto and
made a part hereof by reference.
TO HAVE AND TO HOLD said easement unto the said The City
of Beaumont, Texas, so long as a public street is maintained
thereon. But it is understood and agreed that this conveyance of
this easement is made and accepted without covenants or warranty of
1
EAHc1
':F >>
any kind, either express or implied.
This easement is made upon and subject to the following
reservation and covenant:
Grantors reserve and retain, for themselves, their heirs
and assigns, the right of access and ingress and egress to and from
the Liberty-Laurel III Project public street for the benefit of the
remainder of the real property that was formerly Perlstein Park
conveyed by the City of Beaumont, Texas, to
, by deed of even date herewith. And
such access and ingress and egress shall include at least two (2)
twenty foot (201 ) wide curb cuts for vehicular driveways. And, by
its acceptance of this easement, Grantee covenants to provide such
curb cuts.
EXECUTED this day of , 1998 .
John Frederic Simon,
Individually And As Trustee
Under The Will Of Juliet
Perlstein Simon, Deceased,
And As Independent Executor Of
The Estate Of Juliet Perlstein
Simon, Deceased
Charles H. Weinbaum, Jr. ,
Individually And As
Independent Executor Of The
Estate Of Eleanor Perlstein
Weinbaum, Deceased
Muriel Selber Phillips,
acting by and through
her agent and attorney-in-
fact, John Frederic Simon
2
THE STATE OF LOUISIANA §
§
COUNTY OF RAPIDES §
This instrument was acknowledged before me on the _ day
of 1998, by John Frederic Simon Individually and as
Trustee Under The Will of Juliet Perlstein Simon, Deceased, and as
Independent Executor of the Estate of Juliet Perlstein Simon,
Deceased.
NOTARY PUBLIC, STATE OF
LOUISIANA
My commission expires:
THE STATE OF LOUISIANA §
COUNTY OF RAPIDES §
This instrument was acknowledged before me on the _ day
of , 1998, by John Frederic Simon, as Attorney-in-
Fact for Muriel Selber Phillips.
NOTARY PUBLIC, STATE OF
LOUISIANA
My commission expires:
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the _ day
of , 1998, by Charles H. Weinbaum, Jr. , Individually
and as Independent Executor of the Estate of Eleanor Perlstein
Weinbaum, Deceased.
NOTARY PUBLIC, STATE OF TEXAS
My commission expires:
3
Legal Description: 1.4284 Acres of Land (Taking)
Part of Laurel Heights Park and Playground, Volume 7 Page 19,
an Abandoned portion of the B.S.L. & W. Railroad right-of-way
Part of Lot 9, Block 3 & a portion of the abandoned Liberty Ave.
BEGINNING at a 1"iron pipe found which marks the Northeast corner of the Kroger
Co. Tract as recorded in Film Code 100-01-1764, Official Public am Records of Real
Property, the se being the Northwest corner of Perlsmin Park;
THENCE North 86°27'21" East, along and with the South right of way line of Phelan
Blvd. for a distance of 523.14 feet to a and
rod found for corner;
THENCE South 02°50'52" East, for a distance of 9.81 feet pass a found concrete
monument and at 19.74 feet pass a iron rod found which marks the Northwest corner
of the John Fredric Simon, et. al. by donation deed recorded in Film Code 104-38-
1988, Official Public Records of Real Property, Jefferson County, Texas and
continuing for a total distance of 209.90 feet along and with that certain Simon Tract to
a found concrete monument which marks the North right of way line of the abandoned
Liberty Avenue;
THENCE South 03°34'30" East, for a distance of 30.00 feet to an iron rod found
which marks the centerline of said abandoned right of way and the Southeast corner of
the Perlstein Park Tract, the same being the Southwest corner of the Simon tract;
THENCE South 86°26'47" West, along the centerline of said Liberty Ave. for a
distance of 137.82 feet to a angle point in the line;
THENCE North 21°13'50" West, for a distance of 105.75 feet;
THENCE North 60°33'49" West, for a distance of 1 10.90 feet to the beginning of a
curve concave to the south having a radius of 1849.86 feet and a central angle of
8°09'26" and being subtended by a chord which bears North 81°57'05" West 263.14
feet;
THENCE westerly along said curve, for a distance of 263.36 feet:
THENCE North 03"I3'08" West, for a distance of 25.91 feet to the POINT OF
BEGINNING and Containing 1.4284 ACRES, more or less.
EXH1T " C. ��