HomeMy WebLinkAboutRES 17-009RESOLUTION NO. 17-009
WHEREAS, Hillebrandt Development and Tideland Specialty, Ltd. has agreed to
donate 0.1506 acres of land situated in the Noah Tevis Survey, Abstract No. 52, as
described and shown in Exhibit "1," attached hereto, to the City of Beaumont to adjust
right-of-way for Cedar Street and,
WHEREAS, the City Council has considered the donation of said tract of land
and is of the opinion that the delivery and receipt of said tract is necessary and
desirable and that same should be accepted,
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 donation of the above described property donated by Hillebrandt
Development and Tideland Specialty, Ltd. is hereby in all things accepted; and,
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
execute all documents necessary to accept said donation.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
January, 2017.
IV
r
1�(
- M or Becky Ames -
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That, HILLEBRANDT DEVELOPMENT, a Texas joint venture, as to an undivided
two -third 2/3`d) interest and TIDELAND SPECIALTY, LTD, a Texas limited partnership, as to
an undeiveded one-third (1/3`d) interest, the County of Jefferson, State of Texas, hereinafter
called GRANTORS collectively for and in consideration of the sum of TEN DOLLARS AND
NO/ 100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the
CITY OF BEAUMONT, a municipal corporation, domiciled in Jefferson County, Texas,
hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the
receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD
and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these
presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box
3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described
in Exhibit "A & B", attached hereto and made a part hereof for all purposes.
GRANTOR does hereby except and reserve from this conveyance unto herself, her
successors and assigns, forever, all of the oil, gas, and other minerals in and under the land
herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose
of exploring, developing, mining or drilling for same.
This conveyance is expressly made subject to all zoning laws and to restrictions,
covenants, conditions, easements and mineral and/or royalty reservations and conveyances, if
EXHIBIT 1"
any, effecting the property. TO HAVE AND TO HOLD the above described premises together
with all and singular the rights and appurtenances thereto and in any wise belonging, unto the
said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds
herself and her successors and assigns to warrant and forever defend all and singular the said
premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person
lawfully claiming or to claim all or any part of the property, subject to the provisions stated
above, when the claim is by, through, or under GRANTOR but not otherwise.
EXECUTED this the day of , 2017.
HILLEBRANDT DEVELOPMENT,
a Texas joint venture
BY: Parigi Property Management, Ltd.,
a Texas limited partnership, joint venture
and Managing Agent
BY: Parigi Investments, Inc.,
a Texas corporation, general partner
Sam C. Parigi, Jr., Its President
TIDELAND SPECIALTY, LTD.,
a Texas limited partnership
BY: CG Tideland, L. L. C., a Texas limited liability company,
General Partner
M.
Charles J. Giglio, President
ACKNOWLEDGEMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of , 2017,
by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on behalf of said
corporation, general partner on behalf of Parigi Property Management, Ltd., a Texas limited
partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a Texas
joint venture.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of , 2017,
by Charles J. Giglio, President of CG Tideland, L. L. C., on behalf of said limited liability
company, which is the general partner of Tidelands Specialty, Ltd., a Texas limited partnership.
Notary Public, State of Texas
RETURN TO: City of Beaumont
c/o Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 0.1506 Acre Tract or Parcel of Land
Noah Tevis Survey, Abstract No. 52
Beaumont, Jefferson County, Texas
BEING a 0.1506 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52,
Jefferson County, Texas and being out of and part of that certain called 54.9 acre tract of land as
described in a deed from Willie J. Robertson to the Texas & New Orleans Railroad Company
(now Union Pacific Railroad Company) as recorded in Volume 28, Page 428, Deed Records,
Jefferson County, Texas, and being out of and part of that certain called 8.3661 acre tract of land
as described in a "Deed Without Warranty" from Union Pacific Railroad Company to Hillebrandt
Development and Tideland Specialty, LTD. as recorded in Clerk's File No. 2016037059, Official
Public Records of Real Property, Jefferson County, Texas, said 0.1506 acre tract being more
particularly described as follows:
NOTE. All bearings are referenced to the West right-of-way line of Spur 380 as
SOUTH 44'00'01" EAST as recorded in Film Code No. 104-51-0192, Official
Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods
set with caps stamped "M. W. Whiteley & Associates".
COMMENCING at a 5/8" iron rod found for the Northeast corner of the said 8.3661 acre
Hillebrandt Development, et al. tract, said corner also being the intersection of the West right-of-
way line of Spur 380 (also known as South Martin Luther King Parkway) and the South line of
Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to
the plat thereof recorded in Volume 2, Page 115, Map Records, Jefferson County, Texas, the
same being the South right-of-way line of a 30 feet wide dedicated roadway as shown on the
above referenced final plat of Calder Addition;
THENCE SOUTH 44°00'01" EAST, along and with the West right-of-way line of Spur 380 and
the East line of the said 8.3661 acre Hillebrandt Development, et al. tract, for a distance of
63.0.20 feet to a 5/8" iron rod set for the most Northeasterly corner and the POINT OF
BEGINNING of the tract herein described;
THENCE SOUTH 44000'01" EAST, continuing along and with the West right-of-way line of
Spur 380 and the East line of the said 8.3661 acre tract, for a distance of 97.00 feet to a 5/8" iron
rod found for comer, said comer being the intersection of the of the West right-of-way line of
Spur 380 and the South line of the said 54.9 acre Union Pacific Railroad Company tract, the
same being the North line of the Van Wormer Addition, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 16, Map
Records, Jefferson County, Texas and being the Southeast corner of the said 8.3661 acre
Hillebrandt Development, et al. tract;
THENCE SOUTH 81°42'01" WEST, along and with the boundary between the said 8.3661 acre
Hillebrandt Development, et al. tract and the North line of the said Van Wormer Addition, for a
distance of 166.54 feet to a 5/8" iron rod set for corner, said corner being the intersection of the
North line of the said Van Wormer Addition and the Northwesterly right-of-way line of Cedar
Street (based on a width of 60 feet);
EXHIBIT "A'1
THENCE NORTH 46004'44" EAST, over and across the said 8.3661 acre Hillebrandt
Development, et al. tract, for a distance of 135.24 feet to the POINT OF BEGINNING and
containing 0. 15 06 Acres, more or less.
Surveyed on December 1, 2016. This legal description is being submitted along with a plat
based on this survey (see EXHIBIT "B").
Thomas S. Rowe, RPLS No. 5728
TBPLS Finn No.: 10106700
1V:•]016'. 16-1563'16-1 566m&b.doc.x
EXHIBIT "A"
07.d1(jI I) II'gIIGLCI IXiIJJVI. I.'11. ,."'.
NOTE:
1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION
REGARDING OWNERSHIP OR TITLE.
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF
PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS
BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF
HIS PERFORMING THE SURVEY IN COMPLIANCE
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE
TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES
NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED.
3. ALL SET 5/8" IRON RODS SET WITH CAPS STAMPED "M.W. WHITELEY &
ASSOCIATES".
4. REFERENCE BEARING PER TxDOT RIGHT-OF-WAY MAP AND FC. NO.
104-51-0192, OPRJC.
30, WIDE PER P1Ai
ROADWP
POC
FND 5/8-
1. ROD
CALLED 8.3661 ACRES
HILLE13RANDT DEVELOPMENT AND TIDELAND
SPECIALTY, LTD.
CFN0. 2016037059
-Tfv,s SV vEY 30' WIDE DRAINAGE EASEMENT . OPRJC
NOAHTRAGT NO 52JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6
TRACT NO. 4
ABS VOL 1581 PG 115
FND 3/4"
I. PIPE
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BLOCK 34
VOL. 1717, PG. 230
DRJC
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FND S81'42'01"W 369.52'
SUNLIGHT BAPTIST CHURCH
CF NO. 9516393
OPRJC
BLOCK 33
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPER GALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOIAulE
OF THE SURVEY.
DATE SURVEYED: DECEMBER 1, 2016
THOMAS S. ROWE -
.......... -v
THOMAS S. ROWS
, 0 5726 �P
IONAL
VAN WORMER ADDITION 4
VOL. 1, PG. 16
MRJC \
PARIGI INVESTMENTS
DR E1': CDD SCALE SHEET No.:
VER: ACRD h- 1 "=40' 1 of 1
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
T.B.P.L.S. FIRM NO. 10106700
P. o. BOX 5452 2250 EASTEX FRM.
BEAUMONT, TEXAS 77726A492 BEAUMONT. TEXAS 77703
46BAB24421 (FAX) 408482-1346
0
3
BLOCK 42
FND 5/8"
I. ROD
EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
BOUNDARY SURVEY OF
0.1506 ACRE TRACT
NOAH TEVIS SURVEY
ABSTRACT NO. 52
BEAUMONT JEFFERSON
COUNTY, TEXAS
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111011111111 o =_: 2011it+2fi0a
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That, HILLEBRANDT DEVELOPMENT, a Texas joint venture, as to an undivided
two -third 2/3rd) interest and TIDELAND SPECIALTY, LTD, a Texas limited partnership, as to
an undeiveded one-third (1/3rd) interest, the County of Jefferson, State of Texas, hereinafter
called GRANTORS collectively for and in consideration of the sum of TEN DOLLARS AND
NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the
CITY OF BEAUMONT, a municipal corporation, domiciled in Jefferson County, Texas,
hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the
receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD
and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these
presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box
3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described
in Exhibit "A & B", attached hereto and made a part hereof for all purposes.
GRANTOR does hereby except and reserve from this conveyance unto herself, her
successors and assigns, forever, all of the oil, gas, and other minerals in and under the land
herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose
of exploring, developing, mining or drilling for same.
This conveyance is expressly made subject to all zoning laws and to restrictions,
covenants, conditions, easements and mineral and/or royalty reservations and conveyances, if
any, effecting the property. TO HAVE AND TO HOLD the above described premises together
with all and singular the rights and appurtenances thereto and in any wise belonging, unto the
said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds
herself and her successors and assigns to warrant and forever defend all and singular the said
premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person
lawfully claiming or to claim all or any part of the property, subject to the provisions stated
above, when the claim is by, through, or under GRANTOR but not otherwise.
EXECUTED this the �day of r} , 2017.
HILLEBRANDT DEVELOPMENT,
a Texas joint venture
BY: Parigi Property Management, Ltd.,
a Texas limited partnership, joint venture
and Managing Agent
BY: Parigi Invesstments, Inc.,/J
a Texas corporation,gg��r��(94 partner
WM
Sam C. Parigi, Jr., Its President
TIDELAND SPECIALTY, LTD.,
a Texas limited partnership
BY: CG Tideland, L. L. C., a Texas limited liability company,
General P
T �
BY:
Charles J. iglio, Prefident
F. ,��[111,10-M) 1uIWOI
STATE OF TEXAS X
COUNTY OF JEFFERSON X y�
This instrument was acknowledged before me on this the day ofL017,
by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on behalf of said
corporation, general partner on behalf of Parigi Property Management, Ltd., a Texas limited
partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a Texas
joint venture.
AYP
f �c SUE D MESSINA
f My Commission Expires i
March 25, 2015
' S 1
STATE OF TEXAS
X
Notary Public, State of Texas
COUNTY OF JEFFERSON X
� Jr
This instrument was acknowledged before me on this the 13 day of J FJt" , 2017,
by Charles J. Giglio, President of CG Tideland, L. L. C., on behalf of said limited liability
company, which is the general partner of Tidelands Specialty, Ltd., a Texas limited partnership.
SUE D MESSINA
My Commission Expires
March 25, 2018
lE Or'0 0
RETURN TO: City of Beaumont
c/o Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
Notary Public, State of Texas
EXHIBIT "A"
Legal Description: 0.1506 Acre Tract or Parcel of Land
Noah Tevis Survey, Abstract No. 52
Beaumont, Jefferson County, Texas
BEING a 0.1506 acre tract or parcel of land situated in the Noah Tevis. Survey, Abstract No. 52,
Jefferson County, Texas and being out of and part of that certain called 54.9 acre tract of land as
described in a deed fiom Willie J. Robertson to the Texas & New Orleans Railroad Company
(now Union Pacific. Railroad Company) as recorded in Volume 2$, Page 428, Deed. Records,
Jefferson County, Texas, and being out of and part of that certain called 8.3661 acre tract of land
as described in a "Deed Without Warranty" from Union Pacific Railroad. Company to Hillebrandt
Development and Tideland Specialty, LTD. as recorded in Clerk's File No. 2016037059, Official
Public Records of Real Property, Jefferson. County, Texas, said 0.15,06 acre tract being more
particularly described as follows:
NOTE: All bearings are referenced to the West right-of-way line of Spur 380 as
SOUTH 44°00W "' EAST as .recorded in Film Code No. 104 SI-0192, Official
Public Records of Real Property, Jefferson County, Texas. All set 518" iron rods
set with caps stamped "M. W. Whiteley & Associates':
COMMENCING at a 5/8" iron rod found for the Northeast corner of the said 8.3661 acre
Hillebrandt Development, et al. tract, said .corner also being the :intersection of the West right-of-
way line of Spur 380 (also known as South Martina Luther King Parkway) and the South line of
Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to
the plat thereof recorded. in Volume 2, Page 115, Map Records, Jefferson County, Texas, the
same being the South right-of-way line of a 30 feet wide dedicated roadway as shown on the
above referenced final plat of Calder Addition;
THENCE SOUTH 44*00`01' EAST, along and with the West rigbt of -.way line of Spur 380 and
the East line of the said 8.3661 acre IHillebrandt Development, et al. tract, for a distance of
63.0.20 feet to a 5/8" iron rod set for the most Northeasterly corner and the POINT OF
BEGINNING of the tract herein described;
THENCE SOUTH 44°00'Ol" EAST, continuing along and with the West right-of-way line of
Spur 380 and the East line of the said 8.3661 acre tract, for a. distance of 97.00 feet to a 5/8" iron
rod. fouhd for corner, said corner being: the intersection of the, of the West fight -of -way line of
Spur 380 and the South line of the said 549 acre Union Pacific Railroad Company tract, the
same being the North line of the Van Wormer Addition, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 16, Map
Records, Jefferson County, Texas and being the Southeast corner of the said 8.3661. acre
Hillebrandt Development, -et al. tract;
THENCE SOUTH 810442'01" WEST, along and with the boundary between the said 8.3661 acre
Hillebrandt Development, et al. tract and the North line of the said Van Wormer Addition, for a
distance of 166.54 feet to a 5/8" iron rod set for corner, said corner being the intersection of the
North line of the said Van Wormer Addition and the Northwesterly right-of-way line of Cedar
Street (based oa a width. of 60 feet);
E3,MTr "A"
Page 1 of 2
r
THENCE NORTH 46°04'44" EAST, over and across the said 8.3661 acre Hillebrandt
Development, et al. tract, for a distance of 135.24 feet to the POINT OF BEGINNING and
containing 0.1506 Acres, more or less.
Surveyed on December 1, 2016. This legal description is being submitted along with a plat
based on this survey (see EXHIBIT "B
P��C1a.i"s:r'J�.
"..:THOMAS S. ROWE
...., A......3�..211 �.1...
r
Thomas S. Rowe, RPLS No. 5728,9
TBPLS Firm No.: 10106700
U R016t16.'665.16-1$65mRb.docs
EXHIBIT " A"
r auc c VA. a
,1.IAD rt IV IVNITFI FV X AVUnl74TF..C.
NOTE:
1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION
REGARDING OWNERSHIP OR TITLE.
2. THE WORD CERTIFY 1S UNDERSTOOD TO BE AN EXPRESSION OF
PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS
BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF
HIS PERFORMING THE SURVEY IN COMPLIANCE
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE
TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES
NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED.
3. ALL SET 5/8" IRON RODS SET WITH CAPS STAMPED "M.W. WHITELEY & ASSOCIATES". CALLED 8.3661 ACRES 4. REFERENCE BEARING PER TxDOT RIGHT-OF-WAY MAP AND FC. NO. HILLEBRANDT DEVELOPMENT AND TIDELANDSPECIALTY, LTD.
104-51-0192, OPRJC. CF. NO. 2016037059
v�S SVRVEY 30' WIDE DRAINAGE EASEMENT OPRJC
-TeN A$ "[RACY NO �2TRACT NO. 4
JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6
VOL 1581, PG. 115
VOL 1717, PG. 230
—DRJC
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°ems BLOCGt�OP�6°
\12�y �VAN WORMER ADDITIONB�� 4
VOL. 1, PG. 16
TO THE OWNERS OF THE PREMISES SURVEYED MR.J C
AS OF THE DATE OF THE SURVEY:
I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPER GALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FO ME
OF THE SURVEY.
DECEMBER 1, 2016 ,P; -C'NST F-f BATE SURVEYED: R•
THOMAS S. ROWE
5728
A- �.e �0
16-15
PARIGI INVESTMENTS
SOME: SHE!
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONSUL-nNG ENGINEERS,
SURVEYORS, AND PLANNERS
T.B.P.LS. FIRM NO, 10106700
THOMAS S. ROWE — REGISTERED PROFESSIONAL LA R No 5728 0. 0. 90%6.92 AUMO , TEU WY.
eEAUMONT, TEAS 7rn' " 9EAUMONT. TEAS TITOS
.0 MU421 (FAYJ A IAA Z12,6
2
3
BLOCK 42
FND 5/8"
I. ROD
EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
BOUNDARY SURVEY OF
0.1506'ACRE TRACT
NOAH TEVIS SURVEY
ABSTRACT NO. 52
BEAUMONT JEFFERSON
COUNTY, TEXAS