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HomeMy WebLinkAboutORD 71-46111 { 4"t.f I? /- IL ORDINANCE NO. ENTITLED AN ORDINANCE CLOSING TO PUBLIC USE A PORTION OF JIROU STREET AND A PORTION OF ISLA AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT THE CLOSING TO PUBLIC USE OF SAID STREET PORTIONS SHALL IN NOWAY BE CONSTRUED AS ABANDONMENT OF FEE TITLE IN SAID STREET PORTIONS, AND SHALL BE SUBJECT TO THE PROVISIONS OF A CERTAIN LEASE AGREEMENT DATED OF EVEN DATE -HEREWITH: WHEREAS, the Babe Didriksen Zaharias Foundation, Inc.. has leased certain premises from the City of Beaumont to be used as a Memorial to Babe Didriksen Zaharias; and, WHEREAS, the Babe Didriksen Zaharias Foundation, Inc. has requested that certain streets, hereinafter more particularly described, within the leasehold premises be closed to public use; and, WHEREAS, the said Lease Agreement contains a provision enabling the City of Beaumont to execute such easements for utility purposes within the said streets as it may deem necessary at any time during the life of the said Lease Agreement; and, WHEREAS, said requests for the closing of the said streets have been referred to the Planning and Zoning Commission of the City of Beaumont for examination and approval, and the same have been approved by said Commission; and, WHEREAS, it appears to the City Council that it is to the best interest of the City of Beaumont and benefit to the public that the hereinafter described portions of Jirou Street and Isla Avenue be closed to public use; NOW, THEREFORE, BE'IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: That the following described portion of Jirou Street and the following described portion of Isla Avenue be, and the same are hereby, closed to public use, said portion of each street being described as follows: 0-7/-d- 3 _a -7/ 5-7 &� d_ S 1/4. p 4. Easement A (Known as Jirou Street) Beginning at a point in the present west line of Gulf Street as now established in the James Drake Survey,.Beaumont, Jefferson County, Texas, said point lying one hundred fifty (150) feet south of the present south line of Caldwell Avenue; Thence West along a line parallel with and one hundred fifty (150) feet south of the said present south line of Caldwell_ Avenue three hundred (300) feet to the beginning corner of this description; Thence continuing west along a line parallel with and one hundred fifty (150) feet south of the said present south line of Caldwell Avenue sixty (60) feet to corner, said point being three hundred sixty (360) feet west of the said present west line of Gulf Street; Thence South along a line parallel with and three hundred sixty (360) feet distant from the said present west line of Gulf Street seven hundred nineteen and sixty-five hundredths (719.65) feet to corner in the present north line of U.S. Highway Interstate 10 East; Thence East along the present north line of U.S. Highway Interstate 10 East sixty (60) feet to corner, said point lying three hundred (300) feet west of the said present west -line of Gulf Street; Thence North along a line parallel with and three hundred (300) feet west of the said present west line of Gulf Street seven hundred nineteen and sixty-five hundredths (719.65) feet to the place of beginning. The above described property contains 43,179 square feet. Easement B (Known as Isla Avenue) Beginning at a point in the present north line of Isla Avenue as now established in the James Drake Survey, Beaumont, Jefferson County, Texas, said point lying one hundred fifty and twenty-eight hundredths (150.28) feet west of the present west line of Gulf Street and being six hundred sixty and five hundredths (660.05) feet south of the present south line of Caldwell Avenue; Thence West along a line parallel with and six hundred sixty and five hundredths (660..05) feet south of the said present south line of Caldwell Avenue four hundred ninety-nine and seventy-two hundredths (499.72) feet to corner in the west line of the proposed 9.977 ,_acre lease to the Babe Zaharias Foundation; -.2- M Thence South along the said west line of the proposed 9.977 acre lease to the Babe Zaharias Foundation sixty (60) feet to corner, said point being seven hundred -twenty and five hundredths (720.05) feet south of the said present south line of Caldwell Avenue; Thence East along a line parallel with and seven hundred twenty and five hundredths (720.05) feet south of the said present south line of Caldwell Avenue four hundred ninety-nine and seventy-two hundredths (499.72) feet more or less to corner; Thence North sixty (60) feet to the place of beginning. The above described property contains 29,983 square feet, however sixty (60) feet of it overlaps Easement A leaving a net of 26,383 square feet. Provided, however, that the closing to public use of said street portions shall in no way be construed as abandonment of fee title in said street portions, and the use of said street portions by the Babe Didriksen Zaharias Foundation, Inc. shall be subject to the provisions of the Lease Agreement of even date herewith between the Babe Didriksen Zaharias Foundation, Inc. and the City of Beaumont. PASSED by the City Council this day o f A.D. , 1971. Mayor - „...... Attest: 4: • •• . iM,,C C,; ty Clerk D Auty) BEFORE{ ME f the undersigned author#y, on th�,s, day personally appeared Keri Ritter, Mayer of` the City -'of Beaumont' and Myrtle Corgey, City Clerk (Deputy) of the.City of Beaumont, known to me to be the persons whose names are subscribed'to the foregoing instrument-. and acknowledged to me that they executed the same for the purposes and consideration therein expressed and ri tie capacity therein stated, ,. •..,'.TV UNDER MY HAND AND SEAS OF OFFICE' this the day 'o.f.'da! , 1971 p '•..,,,,,•_ ti` N tary Public in and for Jefferson County, Texas -3-