HomeMy WebLinkAboutRES 81-269 2 o�S
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to
execute an agreement for the sale and exchange of property for
the Phelan Connector, a copy of which is attached hereto as
Exhibit "A" ; and,
BE IT FURTHER RESOLVED that the City Manager be, and
he is hereby, authorized to execute all instruments required to
conclude the transactions contemplated in said agreement.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the --10& day of , 19
- Mayor -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT FOR SALE AND EXCHANGE OF PROPERTY
This agreement is made and entered into on this
day of , 1981 , by and between the City of
Beaumont, Texas, a municipal corporation domiciled in Jefferson
County, Texas, herein called "first party" and Juliet Perlstein
Simon of 111dao Parish, Louisiana, Muriel Selber
Folloder of Harris County, Texas and Eleanor Perlstein Weinbaum
of Jefferson County, Texas, herein called "second party."
RECITALS
Property of First Party
A. First Party is the owner of land and premises described
in Exhibit "A" attached hereto, hereinafter referred to as
Tract lA and Tract 1B.
B. First Party is the owner of an easement for street
purposes of land and premises described in Exhibit "B" attached
hereto, hereinafter referred to as Tract 3 .
Property of Second Party
C . Second Party is the owner of land and premises
described in Exhibit "C" attached hereto, hereinafter referred
to as Tract 2.
D. Second Party is the owner of land and premises
described in Exhibit "D" attached hereto, hereinafter referred
to as Tract 4 . _
EXHIBIT "A"
p
1A, 1B,
E. Tracts /and Tract 3 were originally acquired by
first party for the purpose of streets, rights-of-way or
easements, and first party chooses to trade or exchange Tracts
lA and 1B and Tract 3 for Tract 2 and Tract 4, which first party
chooses to acquire for streets, rights-of-way, or easements.
COVENANTS AND AGREEMENTS REGARDING SALE AND EXCHANGE
Now, therefore, in consideration of the premises, the
mutual covenants and agreements herein contained, first party
and second party do hereby covenant and agree as follows:
I.
CONVEYANCE AND CONSIDERATION
Agreement to Convey
1 .01 For the consideration and upon and subject to the
terms, provisions, and the conditions hereinafter set forth,
first party agrees to convey to second party the property
described above as Tracts lA and 1B and to abandon and vacate
that portion of Liberty Street which contains the property
referred to above as Tract 3 , in exchange for the conveyance by
second party to first party of the property described above as
Tract 2 and Tract 4 , and for the payment by second party to
first party of the sum of Seven Thousand Four Hundred
($7,400.00) Dollars.
Value of Property of First Party
1.02 The value of Tracts lA and 1B for purposes of
this agreement shall be $124,600 Dollars.
2 -
1.03 The value of Tract 3 for purposes of this
agreement shall be $40,000. The value of that portion of Tract
3, which will revert upon abandonment to second party is
$20,000.
1.04 The values above stated were determined by an
appraisal of April 28, 1980, by Willard J. Hall, an independent
real estate appraiser .
Value of Property of Second Party
1 . 05 The value of Tract 2 for purposes of this
agreement shall be $125,200.
1. 06 The value of Tract 4 for purposes of this
agreement shall be $12,000.
1.07 The values above stated were determined by an
appraisal of April 28, 1980, by Willard J. Hall, an independent
real estate appraiser.
II. CONDITIONS
The deeds of conveyance from second party to first
par.ty for Tracts 2 and 4 above described shall contain
covenants running with the land establishing the following
conditions:
-2 .01 First party shall, within two years after the
closing of this -sale and exchange, enter into a construction
contract for the construction of a street of not less than two
lanes, connecting Phelan Boulevard and IH 10 West Access Road in
the corridor being conveyed by second party to first party, said
proposed street being herein called the "Phelan Connector." The
initial Phelan Connector will be paved with concrete and
guttered without assessments against the abutting land owners;
3 -
provided, however, that this provision shall not limit the right
of first party to assess all or a portion of the cost of future
expansion of the Phelan Connector against the abutting land
owners. First party shall use its best efforts to assure that
construction of the street is completed within the time provided
in the construction contract. In the event that first party
fails to meet this condition, first party shall convey Tract 2
and Tract 4 to second party upon the payment by second party to
first party of the sum of One Hundred Thirty-Seven Thousand Two
Hundred ($137, 200. 00) Dollars cash.
2 .02 Second party shall be provided ingress and egress,
to its remaining abutting property, subject to the reasonable
exercise of its police power by first party, to and from Phelan
Boulevard, Laurel Avenue, and both sides of the Phelan
Connector.
2.03 The conveyance by second party to first party of
Tract 2 and Tract 4 shall not be construed as a waiver by second
party of any future claims in connection with any condemnation,
taking, or damaging of the remainder of the property owned by
second party, including, but not limited to or by, the
construction of an overpass tying into the corridor or
otherwise.
2.04 The initial Phelan Connector shall not exceed
one hundred feet in width; provided, however, that this
provision shall not constitute a limitation upon the right of
first party to expand the right-of-way upon the purchase, or
acquisition by eminent domain, of additional right-of-way.
- 4 -
2.05 First party will not impose any freeze on
building permits affecting construction of improvements on
second party' s property; i .e. , first party will issue all
building permits here-after applied for by second party on the
property abutting the corridor so long as second party meets all
the requirements of first party' s zoning ordinance, subdivision
ordinance, and building codes; provided, however, that this
provision shall not constitute a limitation on the right of
first party to acquire property owned by second party for public
use by purchase or eminent domain.
2.06 Second party shall have temporary access to and
use of Tracts 2 and 4 prior to construction of the Phelan
Connector; provided, however, that first party may prohibit
access to and use of Tract 2 and Tract 4 if said access and use
will interfere with the construction of the street.
III. CLOSING
3 .01 This transaction shall be closed at the office of
Neches Title Company , Beaumont, Texas on or before July 15 ,
1981 , or at such time, date, and place as first party and second
party may agree upon, which date is herein referred to as the
"closing date. " At the closing :
A. First party shall:
1. Deliver to second party a duly executed
and acknowledged general warranty deed
in a form acceptable to second party' s
counsel conveying good and marketable
title in fee simple to Tract 1, free
5 -
r i '
and clear of any and all liens,
encumbrances, conditions, easements,
assessments, and restrictions. .
2. Deliver to second party evidence
satisfactory to second party' s counsel
showing that the portion of Liberty
Street containing Tract 3 has been
abandoned and vacated effective no
later than the date of closing .
3 . Deliver to second party a Texas
Owner's Title Policy , at second party' s
sole expense, issued by Neches Title
Company of Beaumont, Texas, in second
party' s favor in the full amount of the
value of Tract 1 and Tract 3 as
determined hereunder, insuring second
party' s fee simple title to Tract 1 and
Tract 3 , subject only to those title
exceptions as may be approved by second
party and the standard printed exceptions
contained in the usual form of Texas
Owner' s Title Policy.
4 . Deliver to second party possession of
the property .
B. Second party shall:
1. Deliver to first party a duly executed
and acknowledged general warranty
6 -
deed in a form acceptable to first party' s
counsel conveying good and marketable
title, in fee simple, to Tract 2 and Tract
4 , free and clear of any and all liens
encumbrances, conditions, easements,
assessments, and restrictions, except
those conditions contained in Article II
hereof.
2. Deliver to first party the sum of
Seven Thousand Four Hundred ($7,400.00)
Dollars cash.
3. Deliver to the first party a Texas
Owner' s Title Policy, at first party' s
sole expense, issued by Neches Title
Company, Beaumont, Texas, in first
party' s favor in the full amount of
the value of Tract 2 and Tract 4 as
determined hereunder , insuring first
party' s fee simple title to the
property , subject only to those title
exceptions as may be approved by
first party and the standard printed
exceptions contained in the usual form
of Texas Owner' s Title Policy.
4 . Deliver to first party possession
of the property.
7 — --
C . General real estate taxes for the then current,
year, if any, relating to Tract 1, Tract 2 , Tract 3 , and Tract 4
shall be prorated as of the closing date and shall be adjusted
in cash at the closing.
IV. DEFAULT
4 .01 In the event that either party shall fail to
fulfill and timely perform any of its obligations hereunder or
shall fail to consummate the exchange of the property described
herein for any reason, except default by the other party, the
other party may enforce specific enforcement of this agreement
or bring suit for damages against the other party.
V. MISCELLANEOUS TERMS AND CONDITIONS
5 .01 Assignment of Contract.
This contract may not be assigned without the express
written consent of the other party to this agreement.
5 .02 Survival of Covenants.
• Any of the representations, warranties, covenants and
agreements of the parties, as well as any rights and benefits of
the parties, pertaining to a period of time following the
closing of the transaction contemplated hereby shall survive
the closing and shall not be merged therein.
5 .03 Notice.
Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States
mail, postage prepaid, certified mail, return receipt requested ,
addressed to first party or second party, as the case may be, at
the following addresses:
8 -
First Party - City df Beaumont
P. O. Box 3827
Beaumont, Texas 77704
ATTN: City Manager
Second Party -Jerry Nathan
Attorney at Law
P. O. Box 150
Beaumont, Texas 77704
5.04 Texas Law.
This contract shall be construed under and in
accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in
Jefferson County, Texas.
5.05 Binding Effect.
This contract shall be binding for and inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, legal representatives, successors,
and assigns.
5 .06 Prior Agreements Superseded.
This contract constitutes the sole and only agreement
of the parties hereto and supersedes any prior understanding or
written or oral agreements between the parties respecting the
within subject matter.
5 .07 Time of Essence.
Time is of the essence of this contract.
5 .08 Memorandum of Contract.
Upon request of any party, both parties shall promptly
execute a memorandum of this agreement suitable for filing of
record.
9 - -
Dated this day of , 1981 .
FIRST PARTY
CITY OF BEAUMONT
ATTEST: BY
City Manager
City Clerk
SECOND PARTY
liet Perlstein Simon
` Muriel Selber Folloder
w
Eleanor Perlstein Weinbaum
10 -
Tract 1 A
Portions of Lots 3 , 4, and 5 of Calder Courts Addition
BEING a 3570 square foot tract of land and being all of that
portion of Lots 3, 4, and 5 of Calder Courts Addition that is
south of the Phelan Boulevard right of way, said tract of land
being more particularly described as follows:
BEGINNING at a point -in the southmost right of way line of
Phelan Boulevard and in the east line of Lot 3 of Calder Courts
Addition locating, the northeast and beginning corner of the
tract of land herein described;
THENCE S 000 56 ' West with the east line of Lot 3 of Caller
Courts Addition a distance of 69 . 69 feet to a point for a
corner locating the southeast corner of said Lot 3 and lying
in the north right of way line of the abandoned 100 foot wide
Missouri Pacific Railroad right of way;
THENCE S 890 44F West along said line a distance of 102 . 44
feet to a point for a corner in the south-most right of way line
of Phelan Boulevard;
THENCE N 560 15 ' 03" East along said line a distance of 124 . 57
feet to the place of beginning and containing 3570 square
feet of land, per plat annexed; provided further, an arc on the
northwesterly portion of this tract as reflected in the plat
annexed hereto is not reflected in this description, however,
it will be included in the description contained in the General
Warranty Deed pertaining to this subject property in its finalized
form, so as to conform with the aforesaid plat.
EXHIBIT "A"
Tract 1 B
Being 0. 63 of an acre of land located in the abandoned 100
foot wide Missouri Pacific Railroad right-of-way, said tract
of land being more particularly described as follows:
BEGINNING at a point in the North right-of-way line of said
abandoned 100 foot wide Missouri Pacific Railroad right-of-way,
said point also being the southeast corner of Lot 1 of Calder
Courts Addition, locating the northeast and beginning corner
of the tract of land herein described;
THENCE S 000 561 W a distance of 100 feet to a point fcr a
corner in the south right-of-way line of said abandoned
Missouri Pacific Railroad right-of-way;
THENCE S 890 44 ' W with said line a distance of 325 feet to
a point for a corner;
THENCE N 380 45 ' 03" E a distance of 80. 58 feet to a point
for corner in the south right-of-wa1V line of Phelan Boulevard;
THENCE N 620 36 ' 44" E with said south right-of-way line of
Phelan Boulevard a distance of 82. 01 feet to a point for
corner in the north right-of-way line of said abandoned
Missouri Pacific Railroad right-of-way;
THENCE N 890 44F E with said line a distance of 200 ..11 feet
to the place of beginning and containing 0. 63 of an acre of
land ; per plat annexed; provided further, an arc on the north--
westerly portion of this tract as reflected in the plat annexed
hereto is not reflected in this description, however, it will
be included in the description contained in the General Warranty
Deed pertaining to this subject property in its finalized form,
so as to conform with the aforesaid plat.
EXHIBIT "A"-2
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SCALE ;I° = 50' 1
CITY OF BEAUMONT- ENGINEERING
DEPARTMENT
Tract 3
BEING a 20067 square foot tract of land located in Liberty
Avenue right of way in the Laurel Heights Addition, said tract
of land being more particularly described as follows:
BEGINNING at the southeast corner of Perlstein Park, said point
also being in the north right of way line of Liberty Avenue,
locating the northwest and beginning corner of the tract of
land herein described;
THENCE N 880 21 '• 30" East with said line a distance of 284 . 12
feet to a point for a corner;
THENCE S 450 57 ' 18" East a distance of 22 . 47 feet to a point
for a- corner;
THENCE S 670 49 ' 30" East a distance of 108 . 71 feet to a point
for a corner in the south right of way line of Liberty Avenue;
THENCE S 880 21 ' 30" West with said line a distance of 400
feet to a point for a corner;
.THENCE N 000 55 ' 30" West a distance of 60 feet to the place
of beginning and containing 20067 square feet, per plat annexed.
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EXHIBIT "B"
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L.• •,.r,tir• '•'*...'w I r.. `.J.,r, t� ������)'""'�, ti,+ � t t�•� 7 � F
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SCALE I' = 50' '•
CITY OF BEAUMONT
ENGINEERING DEPARTMENT
TRACT: 2
0. 96 Acres
0.96 of an acre of land, being a portion of Lots 1 thru 12, Block 6, of
the Laurel Heights Addition to the City of Beaumont as recorded in Volume
7 Page 19 of the Map Records of Jefferson County, Texas, - said 0.96 of an
acre being more particularly described as follows:
BEGINNING at. the northwest corner of Lot 1, Block 6 of said Laurel Heights
Addition, said point also being the northeast corner of Perlstein Park, a
city park dedicated to the City of Beaumont, Jefferson County, Texas;
Thence N 880 21' 30"E along the northern line of Block 6 of said Laurel
Heights Addition a distance of 275.00 feet to a point for a corner;
Thence S 190 25' 30"E a distance of 78.76 feet to a point for a corner;
Thence S 510 05' 06" E a distance of 130.23 feet to a point for a corner;
Thence S 700 35' 42"E a distance of 106.64 feet to a point for a corner;
Thence S 840 41' 06"E a distance of 100.57 feet to a point in the north
line of Liberty Avenue, said point also being the southeast corner of Lot
12, Block 6 of said Laurel Heights Addition;
Thence.S 880 21' 30"W along the north line of Liberty Avenue a distance of
315.88 feet to a point for a corner;
Thence .N 450 57' 18"W a distance of 118.89 feet to a point for a corner;
Thence N 540 39' 18"W a distance of 124.01 feet to a point for a corner;
Thence N 740 43' 30"W a distance of 104.13 feet to a point for a corner;
Thence N 00 55' 30"W along the west line of Lot 1 Block 6 of said Laurel
Heights Addition a distance of 10 feet to a Kohler Monument;
Thence continuing N 00 55' 30"W a distance of 10 feet to the Place of Be-
ginning and containing 0.96 of an acre of land, per plat annexed.
EXHIBIT "C"
PNEt' AN o
obor�dor��d ,Q/�y
GI 88021,30*'E 275.0��
�.
10 I I ., 3
ss'so'x e � I
10' -s ° TOTAL AREA- 2.89 AC
cp
TAKEN- 0.96AC.
93AC
1
REMAINING- . .
2
�� 0 9O O� • � , s J I �
9 10 11 I 12 N
✓ .�� �/e " s hr �30 SD
�Y 0.�6 _:hiCir> O G'• I 10 9 8 7 6
° 70,
s% 9 _ - �p6643S9 5100.5706 ,E
-�,c38°?/X30"%Y• :-�3/.5.6G3 '
LIBERTY AVE
TRACT 2
SURVEY OF A 0. 96 AC. TRACT
OUT OF. BLOCK 6
LAUREL HEIGHTS ADDITION
SCALE : I° c 100' OCTOBER 30, 1980
CITY OF 8EAUMONT-ENGINEERING DEPT.
b
b -
TRACT 4
0.13 Acres
0.13 of an acre of land, being a portion of Lots 7 thru 10, Block 5 of the
Laurel Heights Addition to the City of Beaumont as recorded in Volume 7
Page 19 of the Map Records of Jefferson County, Texas, said 0.13 of an acre
being more particularly described as follows:
BEGINNING at the northwest corner of Lot 7, Block 5 of said Laurel Heights
Addition;
Thence N 880 21' 30"E along the south line of Liberty Avenue a distance of
200.00 feet to a point for a corner, said point also being the northeast
corner of said Block 5 of the Laurel Heights Addition to the City of Beau-
mont;
Thence SO° 55' 30"E along the east line of Lot 10 Block 5 of said Laurel
Heights Addition a distance of 40.0 feet to a point for a corner;
Thence N 880 53' 32"W a distance of 100.06 feet to a point for a corner;
Thence N 720 10' 18"W a distance of 105.60 feet to the Place of Beginning
and containing 0.13 of an acre of land, per plat annexed.
EXHIBIT "D"
L fber f 1 Avenue 0
N 88'° 2113011 E 200.00`
47.40
a. 40.00
S 0°55 "E
0 N 88 ° 53 3,12"
W 10. 0.06 '
TOTAL AREA - 0.74 AC.
TAKEN - 0.13 AC.
_ REMAINING - 0.61 AC.
6 7 • 8 5 9 10 ,�, _ 5 40 4
� M
L U rR IE: L H E K-7j H T.53) ADD 1 T1 j\l J ArRrR r T rE -ADD,
47.40' 25'
50' » 50*
ALLEY CLOSED 8=30-66 0
N
TRACT 4
SURVEY OF A 0. 13 ACRE TRACT
OUT OF -BLOCK 5 , LAUREL HEIGHTS ADDITION
SCALE I" = 40'
CITY OF BEAUMONT TEXAS
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