HomeMy WebLinkAboutRES 98-140 RESOLUTION NO. '
WHEREAS, John Frederic Simon, Individually and As Trustee Under the Will
of Juliet Perlstein Simon, Deceased, and an 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; and Muriel Selber
Phillips Acting by and through her Agent and Attorney-in-Fact, John Frederic Simon, has
conveyed to the City of Beaumont for the sum of Ten Dollars ($10.00) an easement to
1.4284 acres of Land, as described on Exhibit "A" attached hereto; and,
WHEREAS, the City Council has considered the conveyance of said
easement and is of the opinion that the delivery and receipt of said easement of property
is necessary and desirable and that same should be accepted,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement to said tract of land tendered 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; Charles H. Weinbaum, Jr.,
Individually and As Independent Executor of the Estate of Eleanor Perlstein Weinbaum,
Deceased; and Muriel Selber Phillips Acting by and through her Agent and Attorney-in-
Fact, John Frederic Simon be and the same is hereby in all things accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the Aay
of nom. ' 1998.
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BEAUMONT TITLE C PANY HEREBY'
EASEMENT CERTIFIES THIS IS RUE AND
CORRECT COPY THE ORIGINAL,
BY
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 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 Weingarten Realty Investors, by deed of even date
herewith. And such access and ingress and egress shall include at least two (2) twenty
foot (20')wide curb cuts for vehicular driveways. And, by its acceptance of this easement,
Grantee covenants to provide such curb cuts.
EXECUTED this .Z�) day of 69�_✓T.— , 1998.
fb�n Frederic Simon
Individually and As Trustee Under the Will of
Juliet Perlstein Simon, Deceased, and A
Independent Executor of the Estate of Juliet
Perlstein Simon, Deceased
A11.44 z "" ' � .
C rle H. Weinbaum, Jr.
Individually and As Independent Executor of
the Estate of Eleanor Perlstein Weinbaum,
Deceased
uriel Selber Phillips
Acting by and through her Agent and
Attorney-in-Fact, John Frederic Simon
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THE STATE OF LOUISIANA §
COUNTY OF RAPIDES §
This instrument was acknowledged before me on the 3 �0 day of
...a,-.Q- , 1998, by John Frederic Simon, Individually and as Trustee
Under the Will of Juliet Perlstein Simon, Deceased, and as Inde ndent Executor of the
Estate of Juliet Perlstein Simon, Deceased
o�Qr PGA! DAN P. PHARES Notary Public, State of Louisiana
NOTARY PUBLIC d
m h STATE OF TEXAS My Commission Expires:
My Comm.Expires 08-31-2401
THE STATE OF LOUISIANA §
COUNTY OF RAPIDES §
This instrument was acknowledged before me on the 5 day of aZl'e- -
1998, by John Frederic Simon, as Aft ney-in-Fact for Muriel
Selber Phillips.
O DAN P. PHAR ES
NOTARY PUBLIC Notary Public, State of Louisiana
My Comm.Expire TEXAS 8-31-2001 My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the 3 day of ^�—
1998, by Charles H. Weinbaur90r., Individually and as
Independent Executor of the Estate of Eleanor Perlstein
We um, Deceased..
DAN P. PHAR Nota Public, State of Texas
ES 'y
NOTARY PUBLIC A My Commission Expires:
N�y STATE OF TEXAS
'�FpFt��P My Comm.Expires 08-31-2001
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Legal Description: 1.4284 Acres of Land (Taking)
Part of Laurcl Height; Park and Playground, Volume 7 Page 19,
an Abandoned portion of the B.S.L. & W. Railroad right-of-way
Part of Let 9, Block 3 & a portion of the abandoned Liberty Avc.
BEGINNING at a 1"iron pipe found which marks the Nor'hcast cor'nc of the Kroger
Co. Tract as recorded in Film Code 100-01-176,-, Official Public Records of Reel
Prop crty, the same being the Northwest corner of Perlste iri Park;
TH .'iCE North 86°27'21" East, along and with the Scuth right of way Line of Phelan
Blvd. for a distance of 523.14 feet to a iron, 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 fect pass a iron rod found which marks- the Northwest corner
of the John Fredric Simon, et. al. by donation dew recorded in Filin, Code 104-38-
1988, Official Public R:.-orris of Real Propxrty, Jefferson County, Texas and
continuing for a total distance of 209.90 feet along and with that ccrtain Simon Tract to
a found concrete monument which marks the No th t o ,t of way line of the abandcnc.d
Liberty Avenue;
THENCE South 03°34'30" Fhst, for a distance cf 30.co feet to an iron rod found
which maiks the ccnterIinc of said abandoned right of way and the Southeast come: of
the Perlstcin Park Tract, the same being the Southwest comr- of C-e Simon tract;
THENCE South 86°26'47" West, along the centerline of said Liberty Avc. for a
distance of 137.82 fcct to a angle point in the lire;
TT-•:ENCE North 2I'13'50" West, for a distance cf 105.75 1=11;
THENCE North 60°33'49" West, for a distance of I 10.90 feet to the beginning of a
curve concave to the south having a radius of 1849.86 fit a:.d a cen,'=-1 angle of
8'09'26" and being subtended �y a which b't:rs ' ic'.i l E I'57'05' Wwt 263.14
C fe,..�,
THENCE westerly along s aid curve, for a distance of 26 3.?6 ;ect;
THE:tiCE Nor,,h 03°I3'OS" West, for a distance of 25.91 feet to the POINT OF
BEGINNING and Containing 1.4284 ACRES, more or ;ess.
�X T, s "+