HomeMy WebLinkAboutORD 12-064 ORDINANCE NO. 12-064
ENTITLED AN ORDINANCE VACATING AND ABANDONING A
0.3530 ACRE PORTION OF STAGG DRIVE, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Baptist Hospitals of Southeast Texas is requesting the abandonment of
a 0.3530 acre portion of Stagg Drive, 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 0.3530 acre portion of Stagg Drive, 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 of the adjacent property,The Bonion Group, L.L.C.,
its successors or assigns, satisfying the following conditions:
• The existing 6' water main will need to be replaced with HDPE SDR-11 pipe
and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17
pipe. The mains shall be replaced to 20 LF beyond the limits of the
abandonment.
• Exclusive water and sewer utility easements will need to be retained to the
satisfaction of Water Utilities. No structures or appurtenances shall be placed
within the easement property. Water Utilities will not be responsible for any
surface restoration when water and/or sanitary sewer main repairs are
necessary.
• Retain a general utility easement of adequate width for Time Warner Cable,
AT&T and Entergy or move their facilities at The Bonion Group, L.L.C.'s
expense.
• A 15' exclusive drainage easement must be dedicated for city drainage
facilities. Any moving of said facilities will be at The Bonion Group, L.L.C.'s
expense.
• There will need to be a 120' hammerhead turn-around constructed at the west
end of Stagg at the point where Stagg is terminated.
• In addition to the fire hydrants required for the project, there may be an
additional fire hydrant required at Stagg and 11th St.
• A solution that allows drivers to turn around on the east side of the proposed
abandonment in the existing right-of-way. This solution needs to be acceptable
to the Fire Department as well as to Transportation. Transportation would
prefer a cul-de-sac within the 60' right-of-way on Stagg, however a
hammerhead turn-around as suggested by the Fire Department would be
acceptable. Transportation will consider alternative solutions. The developer
will be responsible for providing this solution.
• In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic
Control Devices (TMUTCD) R11-4 sign ("Road Closed to Thru Traffic"),
Transportation shall require the developer to place W14-1 a signs ("Dead End"
blade) at the intersections of 8th St. and Stagg Dr. and 11 th St. and Stagg Dr.
• On the east side of the proposed abandonment on Stagg Dr., Transportation
will require the developer to place End-of-Roadway Object Markers OM4-1,
OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac.
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.
ayor Becky Ames -
l�
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
COMMENCING at a capped iron rod found at the intersection of the east right-of-way
line of 11`x' Street and the south right-of-way line of Stagg Drive for the northwest corner
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 290.14 feet(called South
89°59'39" East)to a point for the southwest coiner of the said 0.3530 acre tract and the
POINT OF BEGINNING;
THENCE North 00 026'52" West along the west line of the said .3530 acre tract a distance
of 59.81 feet to a PK nail found in concrete in the north right-of-way line of Stagg Drive
for the southeast corner of a called 0.477 acre tract conveyed to Carey R. Fracht and wife,
Patricia L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of
Jefferson County,Texas, the southwest corner of a called 10.2334 acre tract described in
the said Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of
New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 and the
northwest corner of the said 0.3530 acre tract;
THENCE North 89°59'22" East along the south line of the said 10.2334 acre tract and the
said north right-of-way line of Stagg Drive and the said 0.3530 acre tract a distance of
257.33 feet(called South 89°58'00" East) to a point for the northeast corner of the said
0.3530 acre tract from which a found capped iron rod bears North 89°59`22" East 27.96
feet(called South 89°58'00" East);
TIIENCE South 00°22'41" West along the cast line of the said 0.3530 acre tract a
distance of 59.89 feet to a point in the said south right-of-way line of Stagg Drive and the
said north line of the 16.9617 acre tract for the southeast comer of the said 0.3530 acre
tract from which a'/a" iron rod found for an exterior comer of the said 16.9617 acre tract
bears South 89°59'39" East 341.66 feet (called South 89°5939" East);
THENCE North 89°59'39" West along the said south right-of-way line of Stagg Drive
and the said 0.3530 acre tract being the north line of the said 16.9617 acre tract a distance
of 256.47 feet(called North 89°59'39" West) to the POINT OF BEGINNING and
containing 0.3530 acres of land,more or less.
EXHIBIT"A"
1
I
NOW OR FORMERLY DEED OF TRUST BETWEEN
NOW
OR FORMERLY CAREY R. FRACHT AND
SIEMSEN PROPERTIES, LP. WIFE, PATRICIA L. FRACHT BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
CLERKS FILE NO.9818695,O.P.RR.P.J.C, FllLM CODE 103-21-2215.R.P.R.J.C. THE BANK OF NEW YORK,
(CALLER 0.477 ACRE) NSLLIAM J. BARBER, TRUSTEE
CLERKS FILE NO. 2001029306, O.P.R.J.C. J
(CALLED 10.2334 ACRES-TRACT TWO)
FOUNO
. FOUND PX CAPPED
NA6.W IRON ROD
i4 CONCRETE (CAL ED S 89'58'00' E)
N 89'59'22" E 285.29
257.33 27.96
3
3
�+@ STAGG DRIVE
STAGG DRIVE :�n 0.3530 ACRE TO BE ABANDONED N� (FORMERLY KNOWN AS
70
FIXi5Y1HE STREET
AS FORSYIHE STREET) ai 1n )
COMMENCING (FORMERLY 'PU13UC R.O.W.) p''a
POINT (o POINT OF g (BO'PUBLIC R.O.WJ
8
ADD BEGINNING W 341.86 m
256.47
RTO1 ROD S 89'59'39" E 290.14
N 89'59'39" W 888.27 i h-
(CALLED N 8839'39'W 889.99) FOUNR i f2' m
E-4 (BASIS OF BEARINGS) , 8tav R00 vT
\ ^
(Y.1 DEED OF TRUST BETWEEN �
E-+ BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
V)
THE BANK OF NOV YORK, i
W WILLIAM J. BARBER, TRUSTEE
E- CLMS FILE NO. 2001029306,O.P.R.J.C.
I (CALLED 16.9617 ACRES—TRACT ONE.PARCEL ONE)
0 25 50
A L E
0.3530 ACRE TO BE ABANDONED SHEET NO.
Fit$Z�° �° a� PROM NAME: CITY OF BEAUMONT 1
1NG•
Ehlgineoaandland Slaya}art STAGG DRIVE PROJECT N0.
t405 CORNERSTONE COuRT,BEAUMONT,TEXAS BEAUMONT, TEXAS 1705C
(409)832-7238 FAX(409)932-7303 DATE:3-25-12
0:W.OJECTS\10050\10050.0004\10050ABANDON.Ew9 Mar 26. 2012 10:37am
RICH WITH INFORMATION
r
T • E • X • A • S
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiINII RP 2012029748
6 �
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 12-064. This Ordinance was
passed by Council on the 28" 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
r City of Beaumont,
f: 1� Jeff rson County, Texas
�y
Tina Broussard TRMC
City Clerk • (409)880-3745 • Fax (409)880-3740
P.O.Box 3827 • Beaumont,Texas 77704-3827
ORDINANCE NO. 12-064
ENTITLED AN ORDINANCE VACATING AND ABANDONING A
0.3530 ACRE PORTION OF STAGG DRIVE, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Baptist Hospitals of Southeast Texas is requesting the abandonment of
a 0.3530 acre portion of Stagg Drive, 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 0.3530 acre portion of Stagg Drive, 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 of the adjacent property,The Bonion Group, L.L.C.,
its successors or assigns, satisfying the following conditions:
• The existing 6' water main will need to be replaced with HDPE SDR-11 pipe
and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17
pipe. The mains shall be replaced to 20 LF beyond the limits of the
abandonment.
• Exclusive water and sewer utility easements will need to be retained to the
satisfaction of Water Utilities. No structures or appurtenances shall be placed
within the easement property. Water Utilities will not be responsible for any
surface restoration when water and/or sanitary sewer main repairs are
necessary.
• Retain a general utility easement of adequate width for Time Warner Cable,
AT&T and Entergy or move their facilities at The Bonion Group, L.L.C.'s
expense.
• A 15' exclusive drainage easement must be dedicated for city drainage
facilities. Any moving of said facilities will be at The Bonion Group, L.L.C.'s
expense.
• There will need to be a 120' hammerhead turn-around constructed at the west
end of Stagg at the point where Stagg is terminated.
• In addition to the fire hydrants required for the project, there may be an
additional fire hydrant required at Stagg and 111' St.
• A solution that allows drivers to turn around on the east side of the proposed
abandonment in the existing right-of-way. This solution needs to be acceptable
to the Fire Department as well as to Transportation. Transportation would
prefer a cul-de-sac within the 60' right-of-way on Stagg, however a
hammerhead turn-around as suggested by the Fire Department would be
acceptable. Transportation will consider alternative solutions. The developer
will be responsible for providing this solution.
• In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic
Control Devices (TMUTCD) R11-4 sign ("Road Closed to Thru Traffic"),
Transportation shall require the developer to place W14-1 a signs("Dead End"
blade) at the intersections of Wh St. and Stagg Dr. and 11`" St. and Stagg Dr.
• On the east side of the proposed abandonment on Stagg Dr., Transportation
will require the developer to place End-of-Roadway Object Markers OM4-1,
OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac.
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.
(D) 0ayd%ir"Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
COMMENCING at a capped iron rod found at the intersection of the east right-of-way
line of I I'Street and the south right-of-way line of Stagg Drive for the northwest corner
of the said 16.9617 acre tract;
THENCE South 89 159139" 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 290.14 feet(called South
89°59'39" East)to a point for the southwest corner of the said 0.3530 acre tract and the
POINT OF BEGINNING;
THENCE North 00 026'52"West along the west line of the said.3530 acre tract a distance
of 59.81 feet to a PK nail found in concrete in the north right-of-way line of Stagg Drive
for the southeast corner of a called 0.477 acre tract conveyed to Carey R.Fracht and wife,
Patricia L.Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of
Jefferson County,Texas,the southwest corner of a called 10.2334 acre tract described in
the said Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of
New York,William J.Barber,Trustee as recorded in Clerks File No.2001029306 and the
northwest corner of the said 0.3530 acre tract;
THENCE North 89 059'22" East along-the south line of the said 10.2334 acre tract and the
said north right-of-way line of Stagg Drive and the said 0.3530 acre tract a distance of
257.33 feet(called South 89°58'00"East)to a point for the northeast corner of the said
0.3530 acre tract from which a found capped iron rod bears North 89°5922"East 27.96
feet(called South 89°58100" East);
THENCE South 00°22'41"West along the out line of the said 0.3530 acre tract a
distance of 59.89 feet to a point in the said south right-of-way line of Stagg Drive and the
said north line of the 16.9617 acre tract for the southeast comer of the said 0.3530 acre
tract from which a'/2" iron rod found for an exterior corner of the said 16.9617 acre tract
bears South 89°59'39" East 341.66 feet (called South 89°5939"East);
THENCE North 89 05939"West along the said south right-of-way line of Stagg Drive
and the said 0.3530 acre tract being the north line of the said 16.9617 acre tract a distance
of 256.47 feet(called North 89°5939"West)to the POINT OF BEGINNING and
containing 0.3530 acres of land,more or less.
EXHIBIT"A"
NOW OR FORMERLY NOW OR FO�RLY DEED OF TRUST BETWEEN
SI£MSEN PROPERTIES. L.P. CAREY R. FRACHT AND BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
WIFE, PATMA L. FRACHT
CLERKS ALE NIL 9 MIK FLU CODE 103-21-4214 R.PRa.c THE BMOC OF NEW YORK,
(CAUm 9X477 ACNO _ WILLIAM J. BARBER, TRUSTEE
CURM FILE N0.2001029304 0lA1c
(CALM W23M AMM-TRACT TW)
ra"
F01#AL W "Aw
(C'"o S i9z9'00"E)
N 89'59'22" E 285 29
257.33 27.98
3
3
bm 0.3530 ACRE TO BE ABANDONED +� STAGG DRIVE
STAGG DRIVE zy ( Y NNVr1 AS
(FOWXy C 1010991 AS FMS'r1NE STR" of F'� Fa%90*
COMMENING srr�ETI
POINT C (6W caste RAW.) POINT OF g (6W FUMX LOA) _
rn
cu gE(;IpIMNG z 258.47 341.88 sm
aa+9X00 S 89'59'39" E 290.14 H
N 8989'39" W 808.27 m
OMW OF W O Fauw 1/2• _
9;ON 9X00
DEED OF TRUST BETW0Di LLJ
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
to THE BANK OF NEW YORK,
WILLIAM J. BARBER, TRUSTEE
.-� OAM nx Na ommo 9,osn La
(CALM%9617 A 43-TACT OHL PANCEL wo
0 ?5
A 0.3530 ACRE TO BE ABANDONED "
Fj 3hlPman f Wj NA30 CITY OF BEAUMONT 1
aed STAGG DRIVE PNaECT Na
t46a tooWsTOK CUM WA-WT.WAS BEAUM;ONT, TEXAS 11050
(40)M-7236 FAX(ooh a32-730 DATE.3-26-12
o:\PStcuee7s\�oowV ooso•oou\tooSOAeAHOwlew
UW 26.2012 10:37om
I
gAl)mty
ke
CITY OF BEAUMONT
CITY CLERK
P 0 BOX 3827
BEAUMONT TX 77704-3827
'Ism 'RECOR-Or-El
OFFICIAL PUBLIC RECOORDDS�
G°� -'e�G�."'"_[
2012 Sep 05, 08:51 AM 2012029748
PERKINS: $32.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
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