HomeMy WebLinkAboutRES 07-341 RESOLUTION NO. 07-341
WHEREAS, by Resolution No. 98-221, the City of Beaumont accepted the offer of
a gift from Mrs. Elizabeth Gilbert Fortune of one-sixth (1/6th)interest in the Gilbert Building
and common stock equal in value to Sixty-Two Thousand Five-Hundred ($62,500) Dollars
for the intended purpose of purchasing the other five-sixth (5/6th) interest in the building;
and,
WHEREAS, on December 29, 1998, Chase Bank of Texas, National Association,
as Successor Trustee of the Testamentary Trust under the Will and Codicil of Wilbur
Carroll Gilbert, Jr., as Successor Trustee of the Testamentary Trust under the Will of W.
C. Gilbert, Sr., and as Successor Trustee of the Testamentary Trust under the Will of
Elizabeth B. Gilbert, as Grantor conveyed by special warranty deed a five-sixth (5/6th)
interest in and to the South one-half (Y2) of both Lots 220 and 221 in Block 42 of the
Original Townsite of Beaumont, Jefferson County, Texas, and all the improvements
thereon, commonly referred to as the Gilbert Building at 320 Bowie Street, Beaumont,
TE:xas; and,
WHEREAS, the charitable intent of the conveyances was stated as a restrictive
covenant binding the City of Beaumont as to how the building would be restored, used and
maintained; and,
WHEREAS, Mrs. Gilbert Fortune upon her death provided in her Will that a fund
would be established through the Foundation of Southeast Texas to assist with the
restoration and continued maintenance of the building; and,
WHEREAS, these funds were later depleted through litigation expenses in a Will
contest initiated by her heirs; and,
WHEREAS,the City Council of the City of Beaumont has determined and does find
that because of age and deteriorated condition, it is not practical for the City to restore,
preserve and maintain the building for the charitable purposes intended by the covenant
and that it is in the best interest of the citizens to allow the reversion of the building to the
Grantor as provided in the covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the statements and findings set forth in the preamble to this resolution are hereby
and in all things approved and adopted.
Section 2.
THAT the City Manager be and he is hereby authorized to execute a Warranty Deed in
favor of the Grantor as provided in the documents of conveyance by which the City of
Beaumont received ownership of the above-described property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
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