Loading...
HomeMy WebLinkAboutRES 85-058 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 the instruments substantially in the form as shown on Exhibit "A" attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the �� day of 1985. Mayor - STATE OF TEXAS X COUNTY OF JEFFERSON X RESTRICTIVE COVENANT WHEREAS, by instrument of conveyance to the City of Beaumont, a municipal corporation of the State of Texas, herein called "City" , the County of Jefferson, a political subdivision of the State of Texas, herein called "County" , restricted the use of the property described on Exhibit "A" attached hereto and made a part hereof for all purposes with the following restrictions: " (1 ) The above-described property shall be used by grantee, its successors and assigns for municipal purposes only , which purposes shall specifically be deemed to include use of the above-described property for museum or for or in conjunction with the promotion of the arts; ( 2 ) If the above-described property shall be used by grantee, its successors, or assigns for public park purposes, other than for a museum or for or in conjunction with the promotion of the arts, such public park purposes shall be restricted exclusively to "passive park purposes" . "Passive park purposes" exclude athletic uses other than walking paths, bicycle paths and similar uses; ( 3 ) No improvement of any kind or character whatsoever inconsistent with the conditions and restrictions set forth in paragraphs ( 1 ) and (2 ) above shall ever be erected or constructed on the above-described property" ; and, WHEREAS, County desires to amend such restrictions and by joint declaration and dedication with City restrict the herein described property such that the restrictions described above are removed and a new restrictive covenant is placed on the property. NOW, THEREFORE, the County and the City agree as follows: W I T N E S S E T H The restrictive covenant heretofore established in the General Warranty Deed from County to City as described herein be, and the same is hereby , repealed and in lieu thereof the following restrictive covenant is hereby enacted: Restrictive Covenant The strip of land of varying widths shown as a "Conservation Restriction" on Exhibit "B" attached hereto, shall be used by City, its successors and assigns, only for those purposes known as passive park purposes as defined in those certain instruments recorded in Volume Page Volume , Page , and Volume Page of the Deed Records of Jefferson County, Texas. The herein described strip of land is specifically not hereby dedicated as a park . The City , its successors and assigns, shall not cut the trees larger than nine inches ( 9" ) diameter measured two feet ( 2 ' ) above the ground or any grouping of Crepe Myrtle in the said strip of land except as necessary to protect public health and safety, nor shall ingress and egress of vehicular traffic across said strip be permitted, nor shall any improvements be permitted. Provided, however, nothing herein shall prohibit the installation, maintenance, repair, and replacement of underground public utility lines if said utility lines are designed to serve the remainder of the tract of land previously conveyed by County to City and described on Exhibit The above stated conditions and restrictions shall be binding upon City, its successors and assigns until January 1 , 2011. In the event of any violation of said conditions and restrictions by City, its successors or assigns, County, its successors or assigns, shall have the right of re-entry as to all of the strip of property described on Exhibit "B" attached hereto and made a part hereof by this reference. In addition, this conveyance is made subject to all zoning laws, regu COUNTY OF JEFFERSON By: RICHARD P. LeBLANC County Judge ATTEST: R. L. BARNES, County Clerk 2 - CITY OF BEAUMONT By: KARL NOLLENBERGER City Manager ATTEST: MYRTLE CORGEY, City Clerk THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared RICHARD P. LeBLANC , County Judge of the County of Jefferson, State of 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, and in the capacity therein stated as the act and' deed of said County. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1985, A.D. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority , on this day personally appeared KARL NOLLENBERGER, City Manager of the City of Beaumont, Jefferson County, 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, and in the capacity therein stated as the act and deed of said County. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1985, A.D. Notary Public in and for the State of Texas My Commission Expires: 3 - TRACT ONE : Being a 6 . 65 acre tract of land out of Block 2 of the French Subdivi- sion, A. Williams League, AB. 385 , Jefferson County, Texas ; Beginning at an iron rod which locates the intersection of the South line of Blackmon Lane and the East line of French Road, said rod be- ing the Northwest corner of Block 2 of the French Subdivision; said corner being the Place of Beginning of the herein described tract of land; Thence South 89 Degrees 53 Minutes East with the South line of Black- mon Lane and the North line of Block 2 for a distance of 673 . 55 feet to a point for corner; Thence South 00 Degrees 04 Minutes West. for a distance of 430 . 125 feet to a point for corner ; Thence North 89 Degrees 58 Minutes West for a distance of 673 . 55 feet to a point for corner in the East line of French Road and the West line of Block 2 ; Thence North 00 Degrees 04 Minutes East with the East line of French Road and the West line of Block 2 for a distance of 430. 125 feet to the Place of Beginning; Containing 6 . 650 acres of land. TRACT TWO: Being a 6 . 65 acre tract of land out of Block 2 of the French Subdi- vision, A. Williams League, Abstract 385 , Jefferson County, Texas ; Beginning at an iron rod which locates the intersection of the South line of Blackmon Lane and the East line of French Road, said rod being the Northwest corner of Block 2 of the French Subdivision; Thence South 89 Degrees 58 Minutes East with the South lire of Black- mon Lane and the North line of Block 2 for a distance of 673 . 55 feet to the Place of Beginning of the herein described tract of land; Thence continuing South 89 Degrees 58 Minutes East with the South line of Blackmon Lane and the North line of Block 2 for a distance of 336 . 77 feet to an iron rod which locates the Northeast corner of Lot 4, Block 2 ; Thence South 00 Degrees 04 Minutes .West with the East line of Lot 4, Block 2 for a distance of 573 . 50 feet to a point for corner in the East line of Lot 7 , Block 2; Thence North 89 Degrees 58 Minutes West for a distance of 1010 . 32 feet to a point for corner in the East line of French Road and the West line of Block 2 ; Thence North 00 Degrees 04 Minutes East with the East line of French Road and the West line of Block 2 for a distance of 143. 375 feet to a point for corner ; THENCE South 89 Degrees 58 Minutes East for a distance of 673 . 55 feet to a point for corner; Thence North 00 Degrees 04 Minutes East for a distance of 430. 125 feet to the Place of Beginning ; Containing 6 . 65 acres of land. EXHIBIT "'All 1 TRACT THREE : Being a 6 . 65 acre tract of land out of Block 2 of the French Subdi- vision, A. Williams League , Abstract 385, Jefferson County, Texas ; Beginning at an iron rod which locates the intersections of the South line of Blackmon Lane and the East line of French Road, said rod also locates the Northwest corner of Block 2 of the French Subdivi- sion; Thence South 00 degrees 04 minutes West with the East line of French Road and the West .line of Block 2 for a distance of 573 .50 feet to the Place of Beginning of the herein described tract of land; Thence South 89 degrees 58 minutes East for a distance of 1010 . 32 feet to a point for corner in the East line of Lot 7 , .Block 2; Thence South 00 degrees 04 minutes West with the East line of Lot 7 , Block 2 for a distance of 286. 75 feet to a point for corner in the North line of Delaware Street , said point also being the South- east corner of Lot 7 , Block 2 ; Thence North $9 degrees 58. minutes West with the North .line of Dela- ware Street and the South line of Block 2 for a distance of 1010 . 32 feet to a point for corner in the East line of French Road, said point being the Southwest corner of Block 2 ; Thence North 00 degrees 04 minutes East with the East line of French Road for a distance of 286 . 75 feet to the Place of Beginning; Containing 6 . 65 acres of land. EXHIBIT "A" . BLACKMON LANE 0 0 100' 275 I 200' N 150.32' 0 30 60' M N co EXHIBIT B ' 145' 65' I M N CONSERVATION RESTRICTION 0 a U 35' Z 77/ / Lij 0 U. 0 0 60' M 30' 0 0 I NORTHf� too' 0' 50' 125' 200' SCALE 190• 200' 200' zoo' BLOCK 2 / FRENCH SUBDIVISION DELAWARE STREET I STATE OF TEXAS X COUNTY OF JEFFERSON X AGREEMENT FOR USE OF PROCEEDS OF SALE OF REAL PROPERTY WHEREAS, the County of Jefferson, a political subdivision of the State of Texas, hereinafter called "County" , has heretofore transferred fee ownership to the property described in Exhibit "A" attached hereto and made a part hereof for all purposes to the City of Beaumont, a municipal corporation of the State of Texas, herein called "City" ; and, WHEREAS, the property contained a restrictive covenant in the following language: " ( 1 ) The above-described property shall be used by grantee, its successors and assigns for municipal purposes only, which purposes shall specifically be deemed to include use of the above-described property for museum or for or in conjunction with the promotion of the arts; ( 2 ) If the above-described property shall be used by grantee, its successors, or assigns for public park purposes, other than for a museum or for or in conjunction with the promotion of the arts, such public park purposes shall be restricted exclusively to "passive park purposes" . "Passive park purposes" exclude athletic uses other than walking paths, bicycle paths and similar uses; ( 3 ) No improvement of any kind or character whatsoever inconsistent with the conditions and restrictions set forth in paragraphs ( 1 ) and ( 2) above shall ever be erected or constructed on the above-described property" ; and, WHEREAS, County is willing to join with City in execution of an instrument removing the restrictive covenant on the said property and in consideration for that act, City agrees to restrict the use of any funds derived from the sale of said property in accordance with the terms of this agreement. In consideration for the mutual promises herein made, County and City agree as follows: W I T N E S S E T H : 1 . County agrees to join with City in execution of an instrument to remove the restrictive covenant heretofore established on the property described in Exhibit "A" and enter into a joint declaration of dedication with City establishing a restrictive covenant on such property to read as follows: Restrictive Covenant The strip of land of varying widths shown as a "Conservation Restriction" on Exhibit "B" attached hereto, shall be used by City , its successors and assigns, only for those purposes known as passive park purposes as defined in those certain instruments recorded in Volume Page Volume , Page _ , and Volume , Page , of the Deed Records of Jefferson County, Texas. The herein described strip of land is specifically not hereby dedicated as a park . The City, its successors and assigns, shall not cut the trees larger than nine inches ( 9" ) diameter measured two feet ( 2 ' ) above the ground or any grouping of Crepe Myrtle in the said strip of land except as necessary to protect public health and safety , nor shall ingress and egress of vehicular traffic across said strip be permitted, nor shall any improvements be permitted. Provided, however, nothing herein shall prohibit the installation, maintenance, repair, and replacement of underground public utility lines if said utility lines are designed to serve the remainder of the tract of land previously conveyed by County to City and described on Exhibit 2 . City agrees, that should the property described on Exhibit "A" be sold, the proceeds of such sale shall be used to provide funds for maintenance, operation, capital improvements and other financial needs of the Art Museum presently known as the Beaumont Art Museum if such art museum is constructed in the downtown area of the City of Beaumont. 3 . City agrees that the property described in Exhibit "A" is a beautiful wooded tract and that development of the tract should be designed so as to preserve the natural beauty of such tract. Such development should assure that the portion of the tract not subject to the restrictive covenant herein described will be developed in a way that is compatible with the reserved - 2 - conservation restriction nature of the land subject to the restrictive covenant. COUNTY OF JEFFERSON By: RICHARD P. LeBLANC County Judge ATTEST: R. L. BARNES, County Clerk CITY OF BEAUMONT: By: KARL NOLLENBERGER City Manager ATTEST: MYRTLE CORGEY, City Clerk 3 - TRACT ONE : Being a 6 . 65 acre tract of land out of Block 2 of the French Subdivi- sion, A. Williams League , AB. 385 , Jefferson County, Texas ; Beginning at an iron rod which locates the intersection of the South line of Blackmon Lane and the East line of French Road, said rod be- ing the Northwest corner of Block 2 of the French Subdivision; said corner being the Place of Beginning of the herein described tract of land; Thence South 89 Degrees 58 Minutes East with the South line of Black- mon Lane and the North line of Block 2 for a distance of 673 . 55 feet to a point for corner; Thence South 00 Degrees 04 Minutes West. for a distance of 430 . 125 feet to a point for corner ; Thence North 89 Degrees 58 Minutes West for a distance of 673 .55 feet to a point for corner in the East line of French Road and the West line of Block 2; Thence North 00 Degrees 04 Minutes East with the East line of French Road and the West line of Block 2 for a distance of 430. 125 feet to the Place of Beginning; Containing 6 . 650 acres of land. TRACT TWO: Being a 6 . 65 acre tract of land out of Block 2 of the French Subdi- vision, A. Williams League , Abstract 385 , Jefferson County, Texas ; Beginning at an iron rod which locates the intersection of the South line of Blackmon Lane and the East line of French Road , said rod being the Northwest corner of Block 2 of the French Subdivision; Thence South 89 Degrees 58 Minutes East with the South line of Black- mon Lane and the North line of Block 2 for a distance of 673 . 55 feet to the Place of Beginning of the herein described tract of land; Thence continuing South 89 Degrees 58 Minutes East with the South line of Blackmon Lane and the North line of Block 2 for a distance of 336 . 77 feet to an iron rod which locates the Northeast corner of Lot 4, Block 2 ; Thence South 00 Degrees 04 Minutes West with the East line of Lot 4, Block 2 for a distance of 573 . 50 feet to a point for corner in the East line of Lot 7 , Block 2; Thence North 89 Degrees 58 Minutes West for a distance of 1010 . 32 feet to a point for corner in the East line of French Road and the West line of Block 2 ; Thence North 00 Degrees 04 Minutes East with the East line of French Road and the West line of Block 2 for a distance of 143 . 375 feet to a point for corner ; THENCE South 89 Degrees 58 Minutes East for a distance of 673 . 55 feet to a point for corner ; Thence North 00 Degrees 04 Minutes East for a distance of 430. 125 feet to the Place of Beginning ; Containing 6 . 65 acres of land. EXHI BIT "A" TRACT THREE ; Being a 6. 65 acre tract of land out of Block 2 of the French Subdi- vision, A. Williams League, Abstract 385 , Jefferson County, Texas ; Beginning at an iron rod which locates the intersections of the South line of Blackmon Lane and the East line of French Road, said rod also locates the Northwest corner of Block 2 of the French Subdivi- sion; Thence South 00 degrees 04 minutes West with the East line of French Road and the West line of Block 2 for a distance of 573 .50 feet to the Place of Beginning of the herein described tract of land; Thence South 89 degrees 58 minutes East for a distance of 1010 . 32 feet to a point for corner in the East line of Lot 7 , .Block 2 ; Thence South 00 degrees 04 minutes West with the East line of Lot 7 , Block 2 for a distance of 286 . 75 feet to a point for corner in the North line of Delaware Street , said point also being the South- east corner of Lot 7 , Block 2 ; Thence North 89 degrees 58. minutes West with the North .line of Dela- ware Street and the South line of Block 2 for a distance of 1010 . 32 feet to a point for corner in the East line of French Road, said point being the Southwest corner of Block 2 ; Thence North 00 degrees 04 minutes East with the East line of French Road for a distance of 286 . 75 feet to the Place of Beginning; Containing 6 . 65 acres of land. EXHIBIT "A„ L BLACKMON LANE o 0 100' 275' i 200' 150.32' h 60' 0 30 �n o EXHIBIT „B„ 14 5' 8 S' � I o N CONSERVATION RESTRICTION 0 cr 2 35' uj 0 60• i � 30' 100' 0 i (A) NORTH 0' 50' 125• 200' 190' 200' 200• 200• SCALE BLOCK 2 �\ FRENCH SUBDIVISION ��'p^, DELAWARE STREET �,(�