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Home My WebLink AboutORD 12-063 ORDINANCE NO. 12-063 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 202.04' x 10' SECTION RIGHT-OF-WAY ON STAGG DRIVE, BEGINNING 88.10' EAST OF 11TH STREET , BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Baptist Hospitals of Southeast Texas is requesting the abandonment of a 202.04' x 10' section right-of-way on Stagg Drive, beginning 88.10' east of 11 th Street for the purpose of facilitating the development plans of The Bonion Group, L.L.C.; 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 202.04' section right-of-way on Stagg Drive, beginning 88.10' east of 11th Street, as described in Exhibit"A"and shown in Exhibit"B,"attached hereto, be and the same is hereby vacated and abandoned, and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the purchaser,The Bonion Group, L.L.C., its successors or assigns, satisfying the following conditions: • The Bonion Group, L.L.C. shall be responsible for the cost of relocating any utilities. BE IT FURTHER ORDAINED THAT this abandonment is contingent upon the conveyance to The Bonion Group, L.L.C. of the title to the property adjacent to that portion of Stagg Drive being abandoned within 180 days or if at any time there is a breach of conditions,then the abandonment will be of no further force or effect and the title to the right- of-way will 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+w all t - ayor Becky Kmes - LEGAL RLSAR MM FOR ORlll &NC'F PURPOSES COMMENCING at a capped iron rod found at the intersection of the east right-of-way line Of 11*Street and the south right-of way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract; THENCE South 89°59'39" East along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 acre tract a distance of 88.10 feet(called South 89°59'39"East) to a point for the west comer of the said 0.0356 acre tract and the POINT OF BEGINNING; THENCE North 83°58'21" East along a north line of the said 0.0356 acre tract a distance of 95.32 feet to an angle point; THENCE East continuing along a north line of the said 0.0356 acre tract a distance of 107.17 feet to a point for the northeast comer of the said 0.0356 acre tract; THENCE South 00 126'52" East along the east line of the said 0.0356 acre tract a distance of 10.03 feet to a point in the south right-of-way line of Stagg Drive and the said north line of the 16,9617 acre tract for the southeast corner of the said 0.0356 acre tract; THENCE North 8905939"West along the said south right-of-way line of Stagg Drive and the said 0.0356 acre tract being the north line of the said 16.9617 acre tract a distance of 202.04 feet(called North 89 059'39"West)to the POINT OF BEGINNING and containing 0.0356 acres of land,more or less. EXHIBIT"A" 1. NOW OR FORMERLY NOW OR FORMERLY DEED OF TRUST BETWEEN SIEMSEN PROPERTIES, CAREY R. FRACHT AND CLERKS FILE No.9818895.OS, L.P.L.P.. WIFE, PATRICIA L FRACHT BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND FU CODE 103-21-2215•R.P.R.J.C. THE BANK OF NEW YORK, (CALLED 0.477 ACRE) WILLIAM J. BARBER. TRUSTEE CLERKS FILE NO. 2001029306.O.PJLJ.C. \ (CALLED 10.2334 ACRES—TRACT TYPO) FOUND FOUND ll CAPPED NAIL IN CONCRETE IRON ROD I (CALLED.5 89'88'00-E) N 89'59'22" E 285.29 257.33 27.96 STAGG DRIVE W r COMMENCING (FORMERLY WOW AS FORSYTHE STREET) 0.3530 ACRE T 0 BE ABANDONED �w� STAGG DRIVE POINT POINT OF (BO'PUBLIC R.O.W.) (FORMERLY XNOYAI AS C� BEGINNING o a rn FORSYTHE STREET) O (BO'PUBLIC R.Ox) !RON ROD EAST 107.17 G to 5 8959'39" E 88.10 N 83'58 21" 95'32 202.04 10.03 rn 256.47 341.66 A I N 89139'39" W 888.27 (CALLED N 89'.14'39'W 869.99) FOUND t 0.0356 ACRE TO—/ cep +�) �0N`� BE ABANDONED DEED OF TRUST BETWEEN �1 SURVEYOR'S CERTIFICATION: BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND �{ I Do HEREBY CERTIFY,TO 711E BEST OF MY KNOWLEDGE AND BELIEF, THE BANK OF NEW YORK, E�'+1 THAT THIS IS(POUND ACCURATE PLAT O A SURVEY�+ADESCRIPTION M� WILLIAM J. BARBER, TRUSTEE CLEmm FILE NO.2001029308.D.P.R.J.G. I4 (CALLED 16.9617 ACRES—TRACT ONE.PARCEL ONE) 00 WALTER J.XSIAZEK REGISTERED PROFESS[U`LAL LAND SURVEYOR N0. 5321 }�, {.�'` 0.0356 ACRE TO BE ABANDONED SHEET N0. ��"""'t*=� �i i� an. PROJECT NAIL: CITY OF BEAUMONT STAGG DRIVE PROJSCT No. 1405 CORNERSTONE COURT-BEAUMONT,TEXAs BEAUMONT, TEXAS 15050 0:\FROJECTS\10030\10050.0004\10050ASANDON2.dwg Noy 21,2012 02:2>Pm (40^77)BS2-7236 FAX(409)°32-7303 DATE:5-18-12 EXHIBIT"B" IIIIl IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 2012029747 6 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 12-063. This Ordinance was passed by Council on the 281`' 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 31't day of August, 2012. City Clerk City of Beaumont, Jefferson County, Texas Tina Broussard, TRMC ��www.as�'►""� City Clerk• (409)880-3745 • Fax(409)880-3740 P.O.Box 3827 • Beaumont,Texas 77704-3827 ORDINANCE NO. 12-063 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 202.04' x 10' SECTION RIGHT-OF-WAY ON STAGG DRIVE, BEGINNING 88.10' EAST OF 11TH STREET , BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Baptist Hospitals of Southeast Texas is requesting the abandonment of a 202.04'x 10' section right-of-way on Stagg Drive, beginning 88.10' east of 11 th Street for the purpose of facilitating the development plans of The Bonlon Group, L.L.C.; 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 202.04' section right-of-way on Stagg Drive, beginning 88.10' east of 11th Street,as described in Exhibit"A"and shown in Exhibit"B,"attached hereto, be and the same is hereby vacated and abandoned, and that title to such property shall revert to and become the property of the persons entitled thereto,as provided by law, subject to the purchaser,The Bonion Group, L.L.C., its successors or assigns, satisfying the following conditions: • The Bonion Group, L.L.C. shall be responsible for the cost of relocating any utilities. BE IT FURTHER ORDAINED THAT this abandonment is contingent upon the conveyance to The Bonion Group, L.L.C. of the title to the property adjacent to that portion of Stagg Drive being abandoned within 180 days or if at any time there is a breach of conditions,then the abandonment will be of no further force or effect and the title to the right- of-way will 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. A A - yor decky Kmes- woo MR- INAN P3iBPSM COMMENCING at a affW iron rod found at the inftuWan of the east right-of--way line of 11*Strad and the south right-of-way line of Stagg Drive for the northwest comer of the said 16.9617 am tract, THENCE South 89059139"East along the said south right-of-way line of Stagg Drive and the north line of dw said 16.9617 acre tract a diamce of U.10 feet(called South 89°59139"Fast) to a point for the west coma of the said 0.0356 acre tract and the POINT OF BEGINNING:, THENCE North 83°58'21"East along a north line of the said 0.0356 we tract a distance of 95.32 feet to an angle point; THENCE East eontanWng along a north line of the said 0.0356 acre tract a distance of 107.17 feet to a point for the northeast comer of the said 0.0356 acre tract; THENCE South 00°26'52"But along the eaaat line of the aid 0.0356 acre tract a distance of 10.03 fed to a point in the south Eight-of-way line of Stagg Dive and the said north line of the 16.9617 acre tract for the soulheaast comer of the said 0.0356 acre tract; THENCE North 89°59'39'West along the said south rigbt'of way line of Stagg Drive and the said 0.0356 acre tract being the north line of the acid 16.9617 acre tract a distance of 202.04 feet(called North 89 059'39"West)to the POINT OF BEGINNING and containing 0.0356 acres of land,more or less. EXHIBIT"A" i. i NOW OR FORMERLY NOW OR FORMERLY DEED OF TRUST BETWEEN SIEMiSEN PROPERTIES, L.P. IFE, PATRICIA FAL. F AND BAP715T HOSPITAL OF SOUTHEAST TEXAS AND QMM FILE Na MMW%o�. "Ar- WIFE, E 103 21-L. fRACHT RA eaOE tort-cxLy,R,P.n.Ic. THE BANK OF NEW YORK. . (CAM a4r, ACIIQ WILLIAM J. BARBER. TRUSTEE CLOW PRE 110.20010 UM 0.►1C.1.G (MM la2U4 MMES-WAcr n+* i FW14 PK C NAIL K ROM ROD CaKC1R7L (CAUM S D036.00'F) N 89 59'22" E 285.25 257.33 27.56 W 3 STAGG DRIVE STAGG DRIVE Tommy( "0 M 10iD 0.3530 ACRE TO BE ABANDONED 14*I ( MYKHMAS PANT OF g$ n FoRew1E S.Ral ran cmm 'NNG O (W'PtIRJC A.O.K) • E 25.32 EAST 107.17 „ fn S 09$939` E 00.10 14 � � 202.04 10.03 256.47 347.66 N 8539'34" W 600.27 0.0356 ACRE TO c Q r hT FRl a 1/2�oom BE ABANDONED (r\n DEED TRUST BETWEEN M '�•�G�; 9APTiST HOSPITAL of SOUTHEAST TEXAS AND W 1 DO 100 CpITIF1r TO 1L9 2E9T OF NY RNOKM AND BMW THE BANK OF NEW YORK. o t I IS M tow TIE� Iiu1a w �� WILLIAM J. BARBER. TRUSTEE CCon FU KD.2001020x6.OPItAl- r~•1 (CALLED 76.0617 ACRES-TRACT ONE.PARCEL ONE) pp 1fIL1E6 A XSIAM REOIlTiMA MpES"AL LAND SURtEAM NQ SS21 0.0356 ACRE TO BE ABANDONED '"a'N0' 1 F� N�i�1��11181 PAOJ�GT CITY OF BEAUMONT INC. $TAW DRK PRO.ECT NO. 3286 Com m ILK COURT.KA4110NT,UKAS BEAUMONT, TEXAS 1To5o (ao)632-7226 FAX(40)832-730 DATE:5-18-12 Q\PROXCTS\10030\10050.0001\Ioo_--0-4" -7 21.2012 02:270.n EXHIBIT"B" F l 1 m ° CITY OF BEAUMONT CITY CLERK P 0 BOX 3827 BEAUMONT TX 77704-3827 F- `- OFFICIAL PUBLIC RECORDS 2012 Sep 05, 08:51 AM 2012029747 PERKINS: $32.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS PARS OF FOREGOING INSTR�ME�F FIUNGLE AT TI