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Home My WebLink AboutORD 12-061 ORDINANCE NO. 12-061 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF A RIGHT-OF-WAY ON AVENUE E BETWEEN GILBERT AND MILAM STREETS BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, BISD is requesting the abandonment of Avenue E between Gilbert and Milam Streets for the purposes of safety and possible future expansion of the adjacent Fletcher Elementary School; and, WHEREAS, the City Council finds and determines it is in the best interest of the citizens that the right-of-way be abandoned for the stated purposes; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT a portion of the Avenue E right-of-way between Gilbert and Milam Streets, as described in Exhibit "A" and shown in Exhibit "B," attached hereto, be and the same are hereby vacated and abandoned, subject to the adjacent property owner, Beaumont Independent School District (BISD), its successors or assigns, satisfying the following conditions: • BISD will pay to relocate any facilities in the right-of-way. • BISD will provide locking mechanisms on gates across the abandoned right-of- way that are acceptable to the Fire Department. • Proper signage, as approved by the Transportation Division, will be attached to the gates; and, that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law; and, BE IT FURTHER ORDAINED THAT if at any time there is a breach of conditions, the title to the abandoned right-of-way shall automatically revert to the City of Beaumont without the need of any further action. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. r Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a point at the intersection of the northwesterly right-of-way line of Milam Street and the southwesterly right-of-way line of Avenue E for the north comer of Ordinance No. 11-023 (vacating a utility easement)as recorded in Clerk's File No. 2011009177 of the Official Public Records of Jefferson County,Texas, the east corner of said Block 20 and the south corner of the said 0.4132 acre tract; THENCE North 48°47'00" West along the northeasterly line of said Block 20,the said southwesterly right-of-way line of Avenue E and the southwesterly line of the said 0.4132 acre tract a distance of 300.00 feet to a point at the intersection of the said southwesterly right-of-way line of Avenue E and the southeasterly right-of-way line of Gilbert Street for the north corner of said Block 20 and the west comer of the said 0.4132 acre tract; THENCE North 41'13100" East along the northwesterly line of the said 0.4132 acre tract a distance of 60.00 feet to a point at the intersection of the said southeasterly right-of-way line of Gilbert Street and the northeasterly right-of-way line of Avenue E for the west corner of said Block 5 and the north corner of the said 0.4132 acre tract; THENCE South 48 047'00"East along the southwesterly line of said Block 5,the said northeasterly right-of-way line of Avenue-E and the northeasterly line of the said 0.4132 acre tract a distance of 300.00 feet to a point at the intersection of the said northeasterly right-of-way line of Avenue E and the said northwesterly right-of-way line of Milam Street for the south comer of said Block 5 and the east corner of the said 0.4132 acre tract; THENCE South 41'13'00"West along the southeasterly line of the said 0.4132 acre tract a distance of 60.00 feet to POINT OF BEGINNING and containing 0.4132 acre of land,more or less. EXHIBIT"A" EXHIBIT "A". PAGE 2 OF 2 BLOCK 19 BLOCK 6 GILBERT STREET Mo0 N 4 '00" E B L A N C H E T T E A D D I T I O N VOL 1, PG. 25, M.R.J.C. O O O O O O w "' w a ° BLOCK 5 BLOCK 20 U W FLETCHER ELEMENTARY SCHOOL. ° � I co z v, 0 30 60 S C q L E POINT OF BEGINNING S 41'13'00" W 60.00 ORDINANCE 11 11-023 1� STREET CLERKS FILE M0. 2011009177, O.P.R.J.C. ►71.RP�P� VACATING AN UTILITY EASEMENT BLOCK 21 BLOCK 4 B.I.S.D. 0:\PROJECTS\10064 — Fletcher Coiet\SURVEY\Task 4\10064AveE.dwg Moy 01, 2012 02:19pm A.& ABANDONMENT OF A PORTION OF AVENUE E sHEET N0. M INC FROJEGT NAME: CITY OF BEAUMONT 2 .Eomovs and Zard&n wpm BETWEEN MILAM STREET & GILBERT STREET 1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT, TEXAS PROJECT NO- 1oosa.0000 (409) 832-7238 FAX (409) 832-7303 DAM-5-1-12 TASK 4 " I ��1.:�: Request to abandon a portion of right-of-way on Avenue E between Gilbert N and Milam Streets Applicant: Robert Zingelmann for Beaumont Independent School District p 100 200 I 1 I Feet R-S Legend VG-MD ® 8100B R-S /R=S A. CO ...R- 5� R- 9L � �GF F R-S S EXHIBIT "B" IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII lIIIIIIIIIIIIIIIIIII ORD 2012029745 ' 7 PGS RICH WITH INFORMATION r T • E • X • A • S THE STATE OF TEXAS § § CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF JEFFERSON § I hereby certify, in the performance of the functions of the City Clerk's office, that the attached instrument is a full, true, and correct copy of Ordinance 12-061. This Ordinance was passed by Council on the 28th day of August, 2012 appears of record in my office and that said document is an official record from the public office of the City Clerk of the City of Beaumont, Jefferson County, State of Texas, and is kept in said office. I further certify that I, Tina Broussard, am the City Clerk, of the City of Beaumont, that I have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 31St day of August, 2012. � City Clerk s� '-%%j 1� City of Beaumont, Jefferson County, Texas fi�l� ''aLC s Tina Broussard, TRMC City Clerk • (409)880-3745 • Fax(409)880-3740 P.O. Box 3827 • Beaumont,Texas 77704-3827 ORDINANCE NO. 12-061 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF A RIGHT-OF-WAY ON AVENUE E BETWEEN GILBERT AND MILAM STREETS BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, BISD Is requesting the abandonment of Avenue E between Gilbert and Milam Streets for the purposes of safety and possible future expansion of the adjacent Fletcher Elementary School; and, WHEREAS, the City Council finds and determines it is in the best interest of the citizens that the right-of-way be abandoned for the stated purposes; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT a portion of the Avenue E right-of-way between Gilbert and Miiam Streets, as described in Exhibit "A" and shown in Exhibit "B," attached hereto, be and the same are hereby vacated and abandoned, subject to the adjacent property owner, Beaumont Independent School District (BISD), its successors or assigns, satisfying the following conditions: • BISD will pay to relocate any facilities in the right-of-way. • BISD will provide locking mechanisms on gates across the abandoned right-of- way that are acceptable to the Fire Department. • Proper signage, as approved by the Transportation Division, will be attached to the gates; and, that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law; and, BE IT FURTHER ORDAINED THAT if at any time there is a breach of conditions,the title to the abandoned right-of-way shall automatically revert to the City of Beaumont without the need of any further action. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. y Mayor Becky Ames- F LEGAL MCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a point at the intersection of the northwesterly right-of-way line of Milani Street and the southwesterly right-of-way line of Avenue E for the north corner of Ordinance No. 11-023 (vacating a utility easement)as recorded in Clerk's File No. 2011009177 of the Official public Records of Jefferson County,Texas,the east corner of said Block 20 and the south comer of the said 0.4132 acre tract; THENCE North 48°4T00"West along the northeasterly line of said Block 20,the said southwesterly right-of-way line of Avenue E and the southwesterly line of the said 0.4132 acre tract a distance of 300.00 feet to a point at the intersection of the said southwesterly right-of-way line of Avenue E and the southeasterly right-of-way line of Gilbert Street for the north corner of said Block 20 and the west corner of the said 0.4132 acre tract; THENCE North 41 013-00"East along the northwesterly line of the said 0.4132 acre tract a distance of 60.00 feet to a point at the intersection of the said southeasterly right-of-way line of Gilbert Street and the northeasterly right-of-way line of Avenue E for the west corner of said Block 5 and the north corner of the said 0.4132 acre tract; THENCE South 48 047'00"East along the southwesterly line of said Block 5,the said northeasterly right-of-way line of Avenue-E and the northeasterly line of the said 0.4132 acre tract a distance of 300.00 feet to a point at the intersection of the said northeasterly right-of-way line of Avenue E and the said northwesterly right-of-way line of Milani Street for the south comer of said Block 5 and the east comer of the said 0.4132 acre tract; THENCE South 41013'00"West along the southeasterly line of the said 0.4132 acre tract a distance of 60.00 feet to POINT OF BEGINNING and containing 0.4132 acre of land,more or less. EXHIBIT"A" EXHIBIT "A", PAGE 2 OF 2 BLOCK 19 BLOCK 6 GHBERT STREET N 411 900 0 E B L A N C H E T T E A D D I T 1 0 N VOL 1. PC. 25, M.R.J.C. S g w BLOCK 20 3 W 9 BLOCK 5 rl FLETCHER ELEMENTARY SCHOOL S z d N 0 60 POINT OF BEGINNMG S 4113'00' W 60.00 ORDINANCE 110. 11-023 Mi " STREET CLERKS FN.E N0. 2011009177, O.P,R.J.C. VACATING AN UTILITY EASEMENT BLOCK 21 BLOCK 4 B.I.S.D. 0:\PROJECTS\100$4 — notehw Caiet\SURVEY\Ta* 4\t0064AwE.dwq May 01, 2012 02:19pm ABANDONMENT OF A PORTION OF AVENUE E SFKET No prohm Kmm CITY OF DuumONT 2 BETWEEN ME" STREET do GILBERT STREET 1405 CORNERSTONE COURT. BEAUMONT. TEXAS BEAUMONT, 7 ''I cks PROJECT 10064.0000. (409) !l32-7238 FAX (409) 832-7303 TASK 4 Request to abandon a portion of right-of-way on Avenue E between Gilbert N and Milam Streets Applicant. Robert zingehnann for Beaumont Independent School District 0 100 200 Feet R-S Legend ® 81008 R 4� 9 O R- F� 9� F� R-S EXHIBIT W i CITY OF BEAUMONT CITY CLERK P 0 BOX 3827 BEAUMONT TX 77704-3827 FILM AM REC OFFICIAL PUB►�LIIC RECORDS 2012 Sep 05, 08:51 AM 2012029745 PERKINS: $36.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS PART OF FOREGOING 'NARTIME OF FILING LE