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HomeMy WebLinkAboutRES 86-363 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the donation of a perpetual preservation easement relating to the exterior facade of the Kyle Building in the 200 Block of Orleans Street substantially in the form attached hereto, be, and the same is hereby, accepted, and at the time of such dedication, the City Manager is hereby authorized to take all action necessary to accept such dedication to the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of p �v �� �. 1986. dr - Mayor - DEED OF EASEMENT STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNT OF JEFFERSON This Deed of Easement made this the day of , 19 , between the Grantor, and The City of Beaumont, Texas , the Grantee. W I T N E S S E T H: WHEREAS, Grantee is a non-profit organization possessed with the necessary power to accept, hold and administer this easement; and WHEREAS, the property hereinafter described has been determined to have substantial historic, aesthetic and cultural character and the par- ties to this Deed of Easement have determined that this instrument will promote the preservation and maintenance of the property hereinbelow de- scribed and its historic, aesthetic and cultural character; and WHEREAS, the Grantee is determined that this easement is exclu- sively for conservation purposes; and WHEREAS, the Grantor is the owner of that certain tract of land, known as, and more particularly described in Exhibit A attached hereto and made a part hereof for all purposes, on which land there is a sig- nificant historical structure with architectural, historical, and commu- nity significance to the preservation of the heritage of the area and the State of Texas; NOW, THEREFORE, in consideration of the premises, and in accordance with Section 183.001 et seq of the Texas Natural Resources Code, Grantor gives and conveys to the Grantee this Deed of Easement in and to the specifically described portion of that certain lot above described, which portion is to serve and protect the facade of the described real estate improvements which the parties hereto have, by this Deed of Ease- ment, agreed to provide from Grantor to the Grantee, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, including the benefits that will accrue to the Grantor by reason of the tax deduction for conservation purposes as provided by Public Law 94-455, approved October 4, 1976, as amended, receipt of which valuable consideration is hereby acknowledged by the Grantor. BASED ON THE AFOREMENTIONED consideration, the Grantor therefore does grant and convey to the Grantee an easement in which the Grantor agrees with the Grantee that the Grantor and Grantor's successors, as- signs and heirs, in their use of the facade of this structure, shall have an affirmative duty to maintain said facade and otherwise comply with the provisions set out below, all of which shall apply to the real estate described as set forth hereinabove. TERMS of this easement hereby agreed to by and between the Grantor and Grantee, freely entered into on this date, are specified as to the use of this property, in accord with the common law of easements hereto- fore from time to time recognized by the Courts of Texas, which law pro- vides for the establishment of dominant and servient estate. The Grantor hereby agree that their estate is to be the servient estate and that the Grantee's is to be the dominant estate. The Grantor and the Grantee herein agree and do hereby expressly provide that they intend that this DEED OF EASEMENT be considered to be an easement appurtenant, and the Grantor hereby recognizes that the Grantee ' s interest in the fa- cade shall require the following of the Grantor: r GRANTOR does hereby agree to keep and maintain the facade in a safe condition and to maintain, repair, and preserve the his- toric, aesthetic and cultural character and appearance of the property, and to pay any ad valorem taxes assessed against the facade for which Grantee is liable, and to keep the building and facade insured against casualty in sufficient amount to provide for its repair in the event of casualty. It is fur- ther provided that the Grantor shall not cause, permit or suf- fer any construction to the exterior facade of the improve- ments on the aforedescribed property, without the written con- sent of the appropriate officer of the Grantee. The terms and conditions of this DEED OF EASEMENT shall require that the ar- chitectural style, the improvements thereon, and other exte- rior features, shall remain in the form as presently exist. The regulation of this facade easement shall require and in- clude any construction, reconstruction, improvement, enlarge- ment, painting and/or decorating, which would have as its ef- fect that of altering the present condition of the facade cov- ered by this DEED OF EASEMENT. IT IS FURTHER PROVIDED by ' and between the parties hereto that the Grantee shall have the right to inspect the property and to enter the property for purposes of such inspection to determine if there is com- pliance by the Grantor with the terms and conditions of this DEED OF EASEMENT. The Grantee shall provide a request for inspection and it shall be the obligation of the Grantor to give prior written consent, upon request, which consent shall not be unreasonably withheld. UPON ANY BREACH OF THE TERMS of this DEED OF EASEMENT by the Grantor, Grantee shall have the following rights which shall be cumula- tive and shall be in addition to any other rights and remedies available to Grantee, at law or in equity: 1. To require restoration of the facade, which is the subject of this DEED OF EASEMENT. 2. To enjoin any further breach or enforce any covenant hereof by action in an appropriate court of competent jurisdiction. 3. To recover damages for any breach of the conditions hereof or for the purpose of accomplishing restoration of the facade by the Grantee. IT IS FURTHER PROVIDED by the parties hereto that no failure on the part of the Grantee to enforce any provisions herein, nor the waiver of any right hereunder by the Grantee shall discharge or invalidate such provision, nor shall same operate to affect the right of the Grantee to enforce the terms and conditions hereof in the event of a subsequent breach or default. IT IS FURTHER PROVIDED that in the event the terms of this DEED OF EASEMENT require the consent of an officer of the Grantee, such consent shall be requested by notice to the Grantee and consent shall be deemed to have been given within forty-five (45 ) days after receipt of notice by the officer, unless the officer of the Grantee gives notice to the Grantor of specific reason for disapproval. Notice shall be accom- plished by certified mail, return receipt requested. In any event, where the officer of the Grantee gives notice of disapproval, the Grantor may appeal the disapproval to the members of the City Council of the Grantee for review by the said City Council of Grantee. Such appeal shall be made by notice to the proper authority of the Grantee, given within forty-five (45) days of receipt of the notice of disapproval from the Grantee. Notice required pursuant to this DEED OF EASEMENT shall be addressed to the Grantee or designated officer of the Grantee, as fol- lows: The City Manager City Of Beaumont 801 Matn Street Beaumont, Texas 77701 or to the Grantee or other such officer at such other address as the of- ficer may from time to time designate by notice to the Grantor. Any no-'00e-6 _0- tice given in the foregoing manner shall be deemed to have been given when received in the offices of the City Manager. IT IS FURTHER AGREED by and between the parties hereto that this facade easement hereinabove expressed and set forth, may be and is clas- sified, as far as the intention of the parties is concerned, as an ease- ment appurtenant. IT IS FURTHER PROVIDED by and between the parties that this ease- ment attaches to and passes with the real property hereinabove described ' as being the dominant estate. Accordingly, this easement provided by the Grantor to the Grantee is nontransferable, subject to the conditions hereto, and the parties hereby so stipulate and further provided that the Transferee is to hold the easement exclusively for conservation pur- poses. THE DEED OF EASEMENT herewith shall be perpetual in duration. GRANTEE further agrees that it will hold this easement exclusively for conservation purposes and that it will not transfer said easement in exchange for money, other property and services. IF ANY TERM OR PROVISION of this DEED OF EASEMENT or application thereof to any persons or circumstances shall, to any extent, be de- clared by an appropriate court to be invalid or unenforceable, the re- mainder of this DEED OF EASEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this DEED OF EASEMENT shall be liberally construed to accomplish the terms and intent and purposes hereof. THIS DEED OF EASEMENT contains the entire agreement of the parties, and this DEED OF EASEMENT may be amended only by written agreement signed by both parties hereto, which by reference shall be made a part hereof. EXECUTED THIS day of 19 GRANTORS: By: GRANTEE: THE CITY OF BEAUMONT, TEXAS ATTEST: By: Y� 0 '- � 6� ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally ap- peared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same of the purposes and consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of 19 ' Notary Public in and for Texas •r