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HomeMy WebLinkAboutORD 78-14ORDINANCE NO. W- 151 ENTITLED AN ORDINANCE AUTHORIZING THE CITY M7NAGER TO EXEC= A BOUNDARY LINE AGREE- MENT WITH THE PORT OF BEAUMONT; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED TO THE PORT OF BEAUMONT; AUTHORIZING ACCEPTANCE FROM THE PORT OF BEAUMONT OF CERTAIN UI'IL _ ITY EASEMENTS AND STREET RIGHTS-OF-WAY; - VACATING AND ABANDONING A PORTION OF EULA STREET FROM BUFORD STREET TO THE NECHES RIVER, IRVING STREET FROM BUFORD STREET TO FINIS STREET, FINIS STREET FROM EULA TO GREER STREET; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: 1. THAT the City Manager be, and he is hereby, authorized to execute a Boundary Line Agreement with the Port of Beaumont establishing the exact location of the common boundary line between land awned by the Port of Beaumont and the City of Beaumont which lies north of the intersection of Emmett Street and Sabine Pass Avenue and east of Riverside Drive, all as shown on a copy of said agreement attached .hereto as Exhibit "A". 2. That the City Manager be, and he is hereby, authorized to execute a deed transferring to the Port of Beaumont .839 acres of land as described in a copy of said deed attached hereto as Exhibit "B". 3. That the City of Beaumont does hereby accept -from the Port of Beaumont tracts A, B, C, D & E,as shown in Exhibit "C" attached hereto and tracts A & B as shown on Exhibit "D" attached hereto. C9 That the following streets be,and the same are hereby, vacated and abandoned, the same being a portion of Eula Street from Buford Street to the Neches River, a portion of Irving Street from Buford Street to Finis Street and a portion of Finis Str-et from Eula Street to Greer, the same being more particularly described as follows: '79 Y Being a twenty-five foot (251) by four hundred twenty-five foot (4251) portion of Eula Street running in a north/south direction, beginning on the north right- of-way ightof-way line of Buford Street, a fifty foot (50') right-of-way, and extending north for four hundred twenty-five feet, and bounded on the east,by Tracts 11 and 12, Plat M. David Brown Survey and on the west by Tract 10, Plat M. David Brawn Survey, of the City of Beaumont, Jefferson County, Texas, as per map or plat of said addition on file in the records of the County Clerk of Jefferson County, Texas; Being a twenty-three foot (23') by one hundred twenty foot (120') portion of Irving Avenue running in a north/south direction, beginning on' -.the north right- of-way line of Buford Street, a fifty foot (50') right of way and extending north for one hundred twenty feet, and bounded on the east by Tract 15, Plat M. David Brawn Survey and on the west by Tract 14, Plat M., David Brown Survey, of the City of Beaumont, Jefferson County, Texas, as per map or plat of said ad- dition on file in the records of the County Clerk of Jefferson County,.Texas; Being a thirty foot (301) by -four hundred eighty-three foot (4831) portion of Finis Street, running in an east/west direction, beginning on the east right-of-way line of the aforementioned Eula Street, a twenty-five foot (25') right of way and extending east for four hundred -eighty- three feet to the west right-of-way line of Greer Street a twenty-seven foot (27') right of way, and bounded on the north by Tracts 12, 13 and 16, Plat M,.David Brown Survey., and on the south by Tracts 11, 14 and 15, Plat M, David Brawn Survey, of the City of Beaumont, Jefferson County, Texas, as per map'or plat of said addition on file in the records of the County Clerk of Jefferson County, Texas. Title to such property, shall revert to and.,become the property of the persons entitled thereto as provided by law.. 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance,'and to such end the various portions and provisions of this ordinance are declared to be severable. -2= 1W All ordinances or part of ordinances in conflict herewith are hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1978. I i - Mayor - Ken Ritter THE STATE OF TEXAS jC COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally ,.Ken Ritter,- Mayor of the. City of Beaumont, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this day of A. D. 199779,. County, Texas Ruth A. Bassett -3- STATE"OF TEXAS X COUNTY OF JEFFERSON X BOUNDARY h]NE AGREMNT 1. The CITY OF BEAUMONT, a municipal corporation of the State of Texas, County of Jefferson, herein called "City"; and the PORT OF BEAUMONT, herein called "Port", are the parties to this _Boundary°Line Agreenent. 2. �- This agreement establishes and determines the exact location of the cammn boundary line between land awned by Port ..and City which lips: north of the intersection of Emiett Street and Sabine Pass Avenue and east of Riverside Drive, in order to eliminate the present, existing doubt and uncertainty about the location of the, land resulting fran,the; -oonstruction by Port of the "Harbor Island Project" which .had the effect of filling a portion of the Neches River which.heretofore,had:narked. the 'boundary, line of City property. , 3. It is agreed between'City and Port. that the cony= boundary' line between Port property and City property is to be, -established, located and,,determined as follows: Said boundary line being between the Port and' City property lying north of the intersection of Emmtt Street and Sabine Pass Avenue, and ; east of .Riverside Drive, -in the D.Brown Survey; Abstract 5 in Noah Tevis, Beaumont, Jefferson County,, Texas. Said boundary line being Imre. fully described as follows: BEGINNING at a point in the east line of Sabine Pass Avenue, said point -being ,.located north.zero degrees twenty-one minutes zero seconds east (N 00° 21' 00" E) along the east line of Sabine Pass Avenue, a distance of three hundred ninety-six and twenty hundredths feet (396.201) from the point.of intersection, of the north line of Buford Street, a fifty foot (50') street right-of-way and the east line of Sabine Pass Avenue, a fifty -four: -foot (54'„) street right-of-way; M a BEFORE ME, the undersigned authority, on, this day personally appeared ` Ronnie=Platt -, known to me to be the person and officer whose name is subscribed to the foregoing instrument, - and acknowledged to me that the same was the act of said CITY OF BEAMONT for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the p� � � / � day of �'!2 w 1977. i .. _ . , iii �•°, Notary Public in and for Jefferson County, Texasfy';;"'�'' `. ,Ruth A. Bassett }}` `:.tN STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the und)erslqned authority, on this day personally appeared known to me to be the person and officer whose name is sub cribed to the foregoing in strument, and acknowledged to me that the same was the act of said PORT OF BEAUMONT for the purposes and consideration therein expressed, and in -the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day 0e�,� y, %, ,,,/ 1977 . Notary Public in and for Jefferson County, Texaslie ••` -4- • THE STATE OF TEXAS COUNTY OF JEFFERSON X X r EX[IIBIT'• " B" KNOW ALL MEN BY THESE PRESENTS: THAT The City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called GRANTOR, for and in consideration of the transfer to said GRANTOR of various other properties, the receipt and suffi- ciency of which is hereby.acknowledged and confessed, has. GRANTED, SOLD AND CONVEYED, and by..these presents does GRANT, SELL AND CONVEY unto the Port of Beaumont, and to its successors and assigns, the following described property. situated in Beaumont, Jefferson County, Texas,;to-wit: BEING a 0.839 acre tract of land in the D. Brown League' City'of Beaumont,. - Jefferson County, Texas. Said tract was deeded to,the City of -Beaumont .by The Sisters of Charity of. the Incarnate. Word of the Diocese of Galveston as -:re -corded in the Jefferson' County Deed . ' Records Volume '4,59; .Page 45` on the 18th -day of January, 1939.. Said' tract, de= scribed as'follows BEGINNING at the .-Northeast corner°'of ­ . Buford Street and Sabine Pas s'Avenue " in the City of Beaumont, same being a Southwest corner of the Port of Beaumont_ property, mark in concrete for corner.;. THENCE in a Northerly direction along'a West line of the Port property which_ is the East line of Sabine Pass Avenue 396; feet to an iron stake for the place"of 'beginning, said iron stake being.a North .west corner of the Port property; THENCE in an easterly direction 609 feet to corner; THENCE in a Southerly direction along.a -East line of Port property 60 feet to iron stake for corner, said iron stake being 336.5 feet from the North line of Buford - .Street; THENCE in a Westerly direction and parallel with a North line.of Port property 609.feet to iron stake for corner; THENCE North on East side of Sabine Pass Avenue 60 feet to place of beginning con- taining 0.839 acres more or less Together with any interest_it may have in any property abutting upon the Neches River lying North .of . and being . adjacent, to ;said sixty (60) foot strip. TO HAVE AND TO HOLD the above described premises:: together with all and singular the righLs and appurtenances thereto. and in any wise belonging unto the said Port of Beaumont, its successors and assigns, save and except the following reservation: The GRANTOR reserves all of the.oil, gas and•,.sulphur in and under said land, but waives all,rights of ingress and egress to or from the surface of said land for the purpose of exploring, developing, mining or drilling for the same. AND said GRANTOR herein, does hereby bind itself, its successors and assigns to TIARRANT AND FOREVER DEFEND all and singular the said premises unto said Port of Beaumont; Jefferson County, Texas, and.its'successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. s THE CITY OF BEAUMONT ATTEST: Howard McDaniel City Manager THE STATE.OF TEXAS X COUNTY -OF JEFFERSON X BEFORE ME, the undersigned authority, -on this.day personally appeared HOWARD McDANIEL, City Manager', known --to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged'to,me:that he,, executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said City of Beaumont. _GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day.'of , 1977. Notary Public .in and for Jefferson County, Texas 'al EXHIBIT THE STATE OF TEXAS X KNOW.ALL MEN BY THESE. PRESENTS: COUNTY OF JEFFERSON X That.,the Port of Beaumont, for and in consideration of the transfer to said GRANTOR of various other propertiesf. the receipt and'sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED.and by these presents does GRANT, SELL AND CONVEY unto'the City of.Beaumont, a municipal corporation domiciled in Jefferson County, Texas, and to" -its successors and assigns, easements for general; utility purposes across property owned by it and situated in Jefferson County, Texas, more particularly described as follows -,.to wit: TRACT A BEGINNING at a point in the third course of the Boundary Line Agreement description,'" attached hereto as Exhibit "A', said descrip= tion being the beginning centerline point -of the herein described thirty foot (301) wide storm'sewer Easement. "A." said point being located North eighty-nine degrees thirty minutes fifty-eight seconds West (N 89° 30' 58" W), a distance of seventy-four and eighty-four hundredths feet (74.841)- from..the point of intersection of the second and third courses of said boundary line, said 'centerline extends northward from the third course of said boundary line; " THENCE with the centerline of the thirty foot . (30') wide storm sewer easement, there being fifteen feet (151) on each side measured at right angles to said centerline, North forty three degrees nineteen minutes zero seconds:' West (N 43° 19' 00" W) for a distance .of three* hundred six and seventeen hundredths feet', (306.171)' to an angle point in the centerline of Easement "'A" and the terminus point of the: hereinafter described'centerline of Easement 11B11 THENCE continuing with the centerline of Ease- ment "A", North twenty-three degrees twelve minutes fifty-two seconds West (N 230:.12' 52" W) for a distance of -two -hundred sixty -six -- and sixty-six hundredths -feet (266.66') to an angle point in Easement "A" and the terminus Point of the hereinafter described centerline of Easement "C" THENCE continuing with the centerline of Easement` _. "A North o.ne.degree- thirt -one minutes twenty- six, seconds'West (N .010 31'.26" W) fora distance of .two hundredninety-"two:-and nineteen":hundredths feet (292.19.1) to an angle point in -Easement :'A" and the beginning point of the ,herein:after de= scribed: con"terline -of. Easement "D". THENCE -continuing with the centerline of Easement "A", North forty-nine degrees fifty-three minutes twenty-nine seconds East (N 49° 53' 29".E) for'' a distance of one hundred seventy-five and -zero.. hundredths feet (175.0.0l') to the end,of the herein described centerline of a thirty foot(301)wide storm sewer easement; TRACT B BEGINNING at a point in the fourth course of the Boundary Line Agreement description, -attached hereto as Exhibit "A", said description.being, the beginning centerline'of a thirty foot (301). wide storm sewer. Easement "B", said beginning point being located North forty degrees thirty- one minutes twenty-seven seconds West (N 400.3.11__ 27" W) from the point of intersection of the third and fourth courses of said boundary line' a distance of two hundred seventy-six.and-thirty- nine hundredths feet (276.39'); THENCE with the centerline of said Easement "B"., there being fifteen feet (15,' ), on each side measured.at right angles to said centerline, North sixty=eight degrees twenty-two minutes.... thirty-two seconds East .(N 68° 22' 32" E) for: I distance of thirty-two and ninety-eight hun dredths feet (32.98') to a terminus point of Easement "B" and angle point in aforesaid Ease ment."A"; TRACT C BEGINNING at a. point in the sixth course 'of the Boundary Line Agreement description, attached hereto'as Exhibit "A',':said point being located -North seven degrees forty-five minutes twelve seconds West�(N 070 45', 12" W), a distance of. fifteen and sixteen.hundredths feet (15.16'.) from.the point of 'intersection of the'fifth and sixth courses of said boundary line; THENCE with the centerline of said thirty foot (30,'), wide storm. sewer Easement "C"', there being fifteen feet (151) on each side and me.asured.at right angles to -said centerline,.North sixty; seven degrees thirty-eight minutes eighteen seconds -East -(N 670 38' 18" E) for a."distance of twenty-six and eighty-four hundredths.feet. (26.841) -to a terminus point of Easement"C" and angle point:in the aforesaid,centerline of storm:sewer Easement "A"; TRACT 'D BEGINNING in the. centerline of Tract A, at.the point of intersection of the third, and fourth. courses of said Tract A; THENCE with the centerline of thirty .foot (30') wide storm sewer Easement "D" there'being fifteen feet (15') on each side and measured.:. at right angles to said centerline, North "twenty. degrees thirty minutes :seven seconds West (N,'20° 30' . 07" W) for' .a :distance of, forty=four. and seventy-eighthundredths. feet .(44.--781).',t6 an angle point; -2- THENCE west with said centerline "of•thirty foot. (30") sto.rm sewer easement to the east line of Riverside Drive (Orleans -Pearl Connection);. TRACT E BEGINNING at'a point in the second course of the Boundary-Line"Agreement description,"attached. hereto as Exhibit'"A", said description being the beginning centerline point of the herein described' thirty foot (30' )' wide sanitary sewer. easement, said point being located;North one... degree fifty minutes twenty-one seconds East (N 01° 50' 21" E), a distance of fifty-three and seventy-four hundredths feet (55.74') 'from' the point of intersection of the first and second courses : of said boundary: line, .said centerline extends in"a.southea'sterly direction - from -the second course of said boundary line, THENCE with the centerline of the thirty.foot (30') wide sanitary sewer easement, there being fifteen feet "(151) on each side measured at right angles to "said centerline South''forty . three degrees five minutes twenty-seven seconds East (S 43° 05', 27"' E)' for a distance of, one: hundred eight'and seventy-eigh� hundredths feet. (108.78') to, an. •angle point in said -centerline;. THENCE continuing"with the. centerline.;of said thirty foot (30'), --wide sanitary• sewer_ easement,: South ;eighty-four- degrees twenty-nine. minutes`:.'. . fifteen seconds East.. (S 84° 29' 15" E) ,,.four hundred"fifty-nine and zero hundredths -feet (459.001) to an angle point for corner, THENCE continuing with the centerline of.the herein described'thirty foot, (30') wide sanitary sewer easement South one degree nineteen minutes fifteen seconds East -(S 01° 191_15 E) for a distance of seven and zero hundredths feet:..(7.00') to an angle point in said centerline; THENCE"continuing with said centerline-of_.the herein described thirty foot_(30')'wide sanitary. - sewer easement, South eighty-three degrees twenty minutes fifteen seconds East ;(S "830:. 20"" , 15".E) for .a distance of six .hund'red "sixty. -two, = and.zero'hundredths feet (662.00')', more or less, to the west "line• of Greer Street .and, the - end of the herein described centerline of'said"'.` . thirty foot (30') wide sanitary sewer: easement.. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances-- thereto "and in any wise belonging unto; the said City of Beaumont, Texas, its successors and assigns. WITNESS MY HAND this then Q day of -�P�-- 1977. 3 •. . 7 OF 40r;1" PORT OF BEAUMONT ATTEST: By: ;;�� V11. R, !� i Alx r o v cl �. W-2 By (3. ). G , I iqs 4gr, THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared `� �� . �^�-Q.cz known to me to be the person and'officer whose name is' subscribed to the.foregoing instrument, and acknowledged to me that he executed the same as. the act of said Port of Beaumont for,the purposes and consideration therein expressed and, in the; capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of {L✓ , 19.77. , Notary, Public in, and for.. - Jefferson County., Texas, . marts C Adc EXHIBIT' ."D" THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY' OF JEFFERSON I THAT the Port of Beaumont, of Jefferson County,. Texas, hereinafter called GRANTOR; for and in consideration of the transfer to said GRANTOR of various other properties, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, and to its successors and assigns, the following described property situated in Beaumont, Jefferson County, Texas, to -wit: TRACT A BEING a tract of land out of the Port of Beaumont'tract in the David Brown League, Beaumont,. Jefferson County, Texas, being described as follows: BEGINNING at the Northwest corner of Buford Street and Greer Street, same being a Southeast corner of the Port of Beaumont property;' THENCE North along a East line of the Port property and the West line of Greer ' Street Fifteen (15.0) feet to a point for corner; THENCE West along a line that is fifteen.. (15.0) feet from and parallel to ,a South line of the Port property and the North line of Buford Street a distance of Six Hundred Twenty-three (623.0) feet to a point for corner; THENCE in a Southwesterly direction a distance of Two Hundred Thirty and Forty, Nine Hundredths (230.49) feet to a point in the South line of the Port property and the North line of Buford Street, said point being Four Hundred Ten feet East of the Northeast corner of Buford Street and Sabine Pass Avenue; THENCE East along the South line of Port property and the North line of Buford Street Eight Hundred Fifty-three (8.53.0) feet to the PLACE OF BEGINNING; containing 0.25 acres more or less. TRACT B BEING a tract of land out of the Port of i Beaumont tract,. formerly.the Hotel Dieu Tract, in. the David Brown League, Beaumont, Jefferson -County, Texas, containing 0.18- acres more or less, being described as follows: BEGINNING at the Northeast corner of Buford. Street and Sabine Pass Avenue in the City of Beaumont, same being a Southwest corner,. of the Port of Beaumont property, mark in' concrete for corner; THENCE North along a West line of the Port. property which is the East line of Sabine Pass Avenue forty (40),feet to.point for corner; THENCE Southeast fifty six and 57 hundredths (56.57) feet to a point in the South line of the Port property which is the North line of Buford Street to point for corner; THENCE West along a South line of the Port property which is the North line of Buford Street forty (40) feet to the PLACE OF BEGINNING. `1'O HAVE AND TO HOLD the above described premises together with, all and singular the rights and appurtenances thereto and in any wise belonging unto the said The City of Beaumont, Texas, its successors and assigns, save and except the following reservation: The GRANTOR reserves all of the oil, gas and sulphur in and under said land, but waives all rights of ingress'and egress to or from the surface of said land for the purpose of exploring, developing, mining or drilling for the same. AND said GRANTOR herein, does hereby bind itself, its successors and assigns to WARRANT.AND FOREVER DEFEND. all and singular the said premises.unto said City of Beaumont, Jefferson County, Texas, and its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS MY HAND THIS the day: of 1977. PORT OF BEAUMONT ATTEST: By: W, R. �, Cs niA6 �ers —2- THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day 2 u J , personally appeared ���% � /� • �� -� �� known to me to be the person and officer whose name is subscribed to the foregoing ir_strument,.and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said Port of Beaumont. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ��.e e ,�� , 1977. . Notary Public in and for Jefferson County, Texas -::Tri5 CABG FILI-D'.FOR RECORD 46 COUNTY CLERK JE&ERSdN COUNTY;TEXAS 1035,046 MAR 23 i 27 tol +Page DEED RECORDS STATE OF TEXAS ice COpgt COUNTY OF JEFFERSON I hereby certify that this instrument was FILED for RECORD on the date and at the time stamped hereon; and duly RECORDED without delay in the Volume and Page of the above named RECORDS of Jefferson County, Texas as stamped hereon by me. FffE�dGN COpNCOUNTY CLERK JEFFERSON COUNTY, TEXAS