HomeMy WebLinkAboutRES 12-248 RESOLUTION NO. 12-248
WHEREAS, on August 28, 2012, the City Council adopted Ordinance Nos. 12-063
and 12-064 vacating and abandoning a portion of Stagg Drive as described on Exhibits"A"
and "B," attached hereto, subject to certain conditions being satisfied by the developer of
the adjacent property; and,
WHEREAS,the abandonment should have,for all legal purposes,divested the City
of any and all interest in the abandoned right-of-way; and,
WHEREAS, Independence Title Company, the title company handling the sale of
the adjacent property, is concerned that the conditions attached to the abandonment,with
the possibility of a reversion if the conditions are not satisfied, does not convey full title;
and,
WHEREAS, the City has been requested to execute and have placed in escrow
Independence Title Company a Quit Claim Deed from the City to HEB Grocery Company
to be held until such time as the conditions have been fulfilled and only to be recorded if
the conditions are met; and,
WHEREAS, a Curative Release of the right of reverter will also be placed in escrow
whereby the City would release any right of reverter once the conditions are met;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a Quit Claim
Deed and Curative Release from the City to HEB Grocery Company for the property
described on Exhibits "A" and "B," attached hereto.
PASSED by the City Council of the City of Beaumont this the 16th day of October,
2012.
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I WA>F DS Clitr=ON FOR 0RDMA1VC>ii IPL1R,g M
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 corner
of the said 16.9617 acres tract;
THENCE South 89°59'39"East along the said south right-ofway 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 comer of the said 0.3530 acre tract and the
POINT OF BEGINNING;
THENCE North 00 12652"West along the west line of the said.3530 acre tract a distance
of 59.81 foot to a PIS 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 CAM R.Fmcht and wife,
Patricia L Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of
7efferson County,Texas„the southwest comer of a called 10.2334 acre tract descrn'bed in
the said Dead of Trust between Baptist Hospitals of Southeast Texas and the Bank of
New York,William J.Barba,Trustee as recorded in Clarks File No.2001029306 and the
northwest corner of the said 0.3530 acne tract;
TRICE North 89°59'22°Bast along'the south line of the said 10.2334 acre tract-and the
said north right-of-way Hoe 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 thb said
0.3530 acre tract from which a found capped iron rod bears North 89059"22"East 27.96
feet(called South 89058100"East);
THENCE South 00°22'41"West along the east line of the said 0.3530 acre tract a
distance of 59.89 fed 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 corm of the said 0.3530 acre
tract from which a%"iron rod found for an exterior corner of die said 16.9617 sae tract
bears South 89059'39"East 341.66 feet(called South 89°59"39"Bast);
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 05919"West)to the POINT OF BEGINNING and
containing 0.3530 acres of land,more or less.
EXHIBIT "A"
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COi N'�II�1ti st a oapped iron rod£vend et the iUMPO 6ou of the wt r cf way lime of
11*St M and the soulb d&-of-way line of Stw Drive for to M*WO t comer of the wd
16.9617 acre ttac4
7> w4w South 84°59'39"Nat along the saw Muth* be of st"Ddv+e ad the
north line of the said 16.9617 ions tract a dbl ooe of$11.10 tees(COW SPA 89'59'94"Bast)
to a past for 6*waet coma of flte said 0.0356 save tract sdd the POW OF BBMWM.
THMCE North 83°58'21"Bast sWS a north tine of the said 0.0356 acrd$not a dbMw of
95.32 feet to an eagle point
7HENCE EM coathtoirs sk og a north line of the odd 0.0356 ace toot a doom of I07.17
feet to a pant for the noriheart comer of the said 0.0356 acre toot
7HBNCB U&ODWS2"Nmmt ab*the so Hume of dw add 0.0356 ace to a diftoce of
10.03 teat to a pout in**mouth d#44 wq fire of Son D"and 8re aid nacdn line of
the 16.9617 acne tract for the southeast comer of the said 0.0356 am tract;
7M CB North W5913V Wet*%#A mid oath 404.,wq lice of go*Drive sod the
said 00356 acne tract b**the oath lice of the tumid 16.9617 um tract a ddsdooe ot2MO4 -
fog(Wiled Nortf189°59 W weet)to the POINT OF SPIM04M and coat 0.0356
awes of land,more or lees.
EXHIBIT "B"
*ow OR folm LLY NOW dt FORVMY
SOON PRA LP. CAM R NtMW AND PM OF Must NEWEEN
ado nt Aa SPAM all WS&PATN M L FNA*a W7W N07ATAL OF SWDWAY(TOM AND
(cm, Own ACPQ mum L NAFOM YNtNiTFE
GLOM RE N0.21ONMU,VMA
(Mnm/R1W.AUNN-NV R 1..6
.MAONt M
a�wa.tx s wm
N m n1q
SS7.3� r.K
R ;
° M a0A'Ot (( 0.3530 ACRE TO BE ABANDONED �$
pow Lar 107.17 8 (✓wuc Ro.q
„ N
7M.{7 1.
w MNttr�f'•WU7
0.03% ACRE TO-/ o r=� .�O1aNz
BE ABANOOM
Dom OF IMST NLTMW M
awR1�w11YwwNASNt NAP16Y"AL OF NOMWOUST YE M AND 1L11`VI
.YwF ■oMfa w gyp.N��1{� �pdPO.ov va w«or WN%VK
�-{ 'N Ilw '.wPO"b.A IW CIA/w1'F.S'„ii01t„IL wwN A OffA 6 MS,FC
p'1'r1 wt=sww(W�aP
(a.1ftt.IL laY.n«aa-,ears OW PAM ac
A�oA.�aAd ArYdp.�uia aaawA 1n s
0.0356 ACRE TO BE ABANDONED war Nn
NOW ft
' TEXAS 110"
aVaa[a yeu.�N.s.wNv M ••r N.du!w/a N..1 da-Y.w Fp(4"M-TMG rUM17