HomeMy WebLinkAboutORD 78-14ORDINANCE NO. W- 151
ENTITLED AN ORDINANCE AUTHORIZING THE CITY
M7NAGER TO EXEC= A BOUNDARY LINE AGREE-
MENT WITH THE PORT OF BEAUMONT; AUTHORIZING
THE CITY MANAGER TO EXECUTE A DEED TO THE
PORT OF BEAUMONT; AUTHORIZING ACCEPTANCE
FROM THE PORT OF BEAUMONT OF CERTAIN UI'IL _
ITY EASEMENTS AND STREET RIGHTS-OF-WAY; -
VACATING AND ABANDONING A PORTION OF EULA
STREET FROM BUFORD STREET TO THE NECHES
RIVER, IRVING STREET FROM BUFORD STREET TO
FINIS STREET, FINIS STREET FROM EULA TO
GREER STREET; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
1.
THAT the City Manager be, and he is hereby, authorized to execute a
Boundary Line Agreement with the Port of Beaumont establishing the
exact location of the common boundary line between land awned by the
Port of Beaumont and the City of Beaumont which lies north of the
intersection of Emmett Street and Sabine Pass Avenue and east of
Riverside Drive, all as shown on a copy of said agreement attached
.hereto as Exhibit "A".
2.
That the City Manager be, and he is hereby, authorized to
execute a deed transferring to the Port of Beaumont .839 acres of
land as described in a copy of said deed attached hereto as Exhibit "B".
3.
That the City of Beaumont does hereby accept -from the Port
of Beaumont tracts A, B, C, D & E,as shown in Exhibit "C" attached
hereto and tracts A & B as shown on Exhibit "D" attached hereto.
C9
That the following streets be,and the same are hereby,
vacated and abandoned, the same being a portion of Eula Street from
Buford Street to the Neches River, a portion of Irving Street from
Buford Street to Finis Street and a portion of Finis Str-et from
Eula Street to Greer, the same being more particularly described as
follows:
'79
Y
Being a twenty-five foot (251) by four
hundred twenty-five foot (4251) portion
of Eula Street running in a north/south
direction, beginning on the north right-
of-way
ightof-way line of Buford Street, a fifty
foot (50') right-of-way, and extending
north for four hundred twenty-five feet,
and bounded on the east,by Tracts 11
and 12, Plat M. David Brown Survey and
on the west by Tract 10, Plat M. David
Brawn Survey, of the City of Beaumont,
Jefferson County, Texas, as per map or
plat of said addition on file in the
records of the County Clerk of Jefferson
County, Texas;
Being a twenty-three foot (23') by one
hundred twenty foot (120') portion of
Irving Avenue running in a north/south
direction, beginning on' -.the north right-
of-way line of Buford Street, a fifty
foot (50') right of way and extending
north for one hundred twenty feet, and
bounded on the east by Tract 15, Plat M.
David Brawn Survey and on the west by
Tract 14, Plat M., David Brown Survey,
of the City of Beaumont, Jefferson County,
Texas, as per map or plat of said ad-
dition on file in the records of the
County Clerk of Jefferson County,.Texas;
Being a thirty foot (301) by -four hundred
eighty-three foot (4831) portion of Finis
Street, running in an east/west direction,
beginning on the east right-of-way line
of the aforementioned Eula Street, a
twenty-five foot (25') right of way and
extending east for four hundred -eighty-
three feet to the west right-of-way line
of Greer Street a twenty-seven foot (27')
right of way, and bounded on the north by
Tracts 12, 13 and 16, Plat M,.David Brown
Survey., and on the south by Tracts 11, 14
and 15, Plat M, David Brawn Survey, of
the City of Beaumont, Jefferson County,
Texas, as per map'or plat of said addition
on file in the records of the County Clerk
of Jefferson County, Texas.
Title to such property, shall revert to and.,become the property of the
persons entitled thereto as provided by law..
5.
That if any section, subsection, sentence, clause or phrase
of this ordinance, or the application of same to a particular set of
persons or circumstances, should for any reason be held to be invalid,
such invalidity shall in no wise affect the remaining portions of this
ordinance,'and to such end the various portions and provisions of this
ordinance are declared to be severable.
-2=
1W
All ordinances or part of ordinances in conflict herewith
are hereby repealed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1978.
I
i
- Mayor -
Ken Ritter
THE STATE OF TEXAS jC
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally
,.Ken Ritter,- Mayor of the. City of Beaumont, Texas, known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed.
GIVEN under my hand and seal of office, this day of
A. D. 199779,.
County, Texas
Ruth A. Bassett
-3-
STATE"OF TEXAS X
COUNTY OF JEFFERSON X
BOUNDARY h]NE AGREMNT
1.
The CITY OF BEAUMONT, a municipal corporation of the State
of Texas, County of Jefferson, herein called "City"; and the PORT OF
BEAUMONT, herein called "Port", are the parties to this _Boundary°Line
Agreenent.
2. �-
This agreement establishes and determines the exact location
of the cammn boundary line between land awned by Port ..and City which
lips: north of the intersection of Emiett Street and Sabine Pass Avenue
and east of Riverside Drive, in order to eliminate the present, existing
doubt and uncertainty about the location of the, land resulting fran,the;
-oonstruction by Port of the "Harbor Island Project" which .had the effect
of filling a portion of the Neches River which.heretofore,had:narked.
the 'boundary, line of City property. ,
3.
It is agreed between'City and Port. that the cony= boundary'
line between Port property and City property is to be, -established,
located and,,determined as follows:
Said boundary line being between the Port and'
City property lying north of the intersection
of Emmtt Street and Sabine Pass Avenue, and ;
east of .Riverside Drive, -in the D.Brown Survey;
Abstract 5 in Noah Tevis, Beaumont, Jefferson
County,, Texas. Said boundary line being Imre.
fully described as follows:
BEGINNING at a point in the east line of
Sabine Pass Avenue, said point -being ,.located
north.zero degrees twenty-one minutes zero
seconds east (N 00° 21' 00" E) along the east
line of Sabine Pass Avenue, a distance of
three hundred ninety-six and twenty hundredths
feet (396.201) from the point.of intersection,
of the north line of Buford Street, a fifty
foot (50') street right-of-way and the east line
of Sabine Pass Avenue, a fifty -four: -foot (54'„)
street right-of-way;
M
a
BEFORE ME, the undersigned authority, on, this day
personally appeared ` Ronnie=Platt -, known to me to be the person
and officer whose name is subscribed to the foregoing instrument, -
and acknowledged to me that the same was the act of said CITY OF
BEAMONT for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the p�
� � / � day
of
�'!2 w 1977.
i
.. _ . , iii �•°,
Notary Public in and for
Jefferson County, Texasfy';;"'�'' `.
,Ruth A. Bassett }}`
`:.tN
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the und)erslqned authority, on this day
personally appeared known to me to be the
person and officer whose name is sub cribed to the foregoing in
strument, and acknowledged to me that the same was the act of said
PORT OF BEAUMONT for the purposes and consideration therein expressed,
and in -the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
0e�,� y, %, ,,,/ 1977 .
Notary Public in and for
Jefferson County, Texaslie
••`
-4-
•
THE STATE OF TEXAS
COUNTY OF JEFFERSON
X
X
r
EX[IIBIT'• " B"
KNOW ALL MEN BY THESE PRESENTS:
THAT The City of Beaumont, a municipal corporation
domiciled in Jefferson County, Texas, hereinafter called
GRANTOR, for and in consideration of the transfer to said
GRANTOR of various other properties, the receipt and suffi-
ciency of which is hereby.acknowledged and confessed, has.
GRANTED, SOLD AND CONVEYED, and by..these presents does GRANT,
SELL AND CONVEY unto the Port of Beaumont, and to its
successors and assigns, the following described property.
situated in Beaumont, Jefferson County, Texas,;to-wit:
BEING a 0.839 acre tract of land in
the D. Brown League' City'of Beaumont,. -
Jefferson County, Texas. Said tract
was deeded to,the City of -Beaumont .by
The Sisters of Charity of. the Incarnate.
Word of the Diocese of Galveston as -:re
-corded in the Jefferson' County Deed . '
Records Volume '4,59; .Page 45` on the 18th
-day of January, 1939.. Said' tract, de=
scribed as'follows
BEGINNING at the .-Northeast corner°'of .
Buford Street and Sabine Pas s'Avenue
"
in the City of Beaumont, same being a
Southwest corner of the Port of Beaumont_
property, mark in concrete for corner.;.
THENCE in a Northerly direction along'a
West line of the Port property which_ is
the East line of Sabine Pass Avenue 396;
feet to an iron stake for the place"of
'beginning, said iron stake being.a North
.west corner of the Port property;
THENCE in an easterly direction 609 feet
to corner;
THENCE in a Southerly direction along.a
-East line of Port property 60 feet to
iron stake for corner, said iron stake being
336.5 feet from the North line of Buford -
.Street;
THENCE in a Westerly direction and parallel
with a North line.of Port property 609.feet
to iron stake for corner;
THENCE North on East side of Sabine Pass
Avenue 60 feet to place of beginning con-
taining 0.839 acres more or less
Together with any interest_it may have in
any property abutting upon the Neches River
lying North .of . and being . adjacent, to ;said
sixty (60) foot strip.
TO HAVE AND TO HOLD the above described premises::
together with all and singular the righLs and appurtenances
thereto. and in any wise belonging unto the said Port of
Beaumont, its successors and assigns, save and except the
following reservation:
The GRANTOR reserves all of the.oil, gas and•,.sulphur
in and under said land, but waives all,rights of ingress and
egress to or from the surface of said land for the purpose
of exploring, developing, mining or drilling for the same.
AND said GRANTOR herein, does hereby bind itself,
its successors and assigns to TIARRANT AND FOREVER DEFEND
all and singular the said premises unto said Port of Beaumont;
Jefferson County, Texas, and.its'successors and assigns
against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
s
THE CITY OF BEAUMONT
ATTEST: Howard McDaniel
City Manager
THE STATE.OF TEXAS X
COUNTY -OF JEFFERSON X
BEFORE ME, the undersigned authority, -on this.day
personally appeared HOWARD McDANIEL, City Manager', known --to
me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged'to,me:that he,,
executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated as the act
and deed of said City of Beaumont.
_GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day.'of , 1977.
Notary Public .in and for
Jefferson County, Texas
'al
EXHIBIT
THE STATE OF TEXAS X
KNOW.ALL MEN BY THESE. PRESENTS:
COUNTY OF JEFFERSON X
That.,the Port of Beaumont, for and in consideration
of the transfer to said GRANTOR of various other propertiesf.
the receipt and'sufficiency of which is hereby acknowledged
and confessed, has GRANTED, SOLD AND CONVEYED.and by these
presents does GRANT, SELL AND CONVEY unto'the City of.Beaumont,
a municipal corporation domiciled in Jefferson County, Texas,
and to" -its successors and assigns, easements for general;
utility purposes across property owned by it and situated in
Jefferson County, Texas, more particularly described as
follows -,.to wit:
TRACT A
BEGINNING at a point in the third course of
the Boundary Line Agreement description,'"
attached hereto as Exhibit "A', said descrip=
tion being the beginning centerline point -of
the herein described thirty foot (301) wide
storm'sewer Easement. "A." said point being
located North eighty-nine degrees thirty
minutes fifty-eight seconds West (N 89° 30' 58"
W), a distance of seventy-four and eighty-four
hundredths feet (74.841)- from..the point of
intersection of the second and third courses
of said boundary line, said 'centerline extends
northward from the third course of said
boundary line;
" THENCE with the centerline of the thirty foot .
(30') wide storm sewer easement, there being
fifteen feet (151) on each side measured at
right angles to said centerline, North forty
three degrees nineteen minutes zero seconds:'
West (N 43° 19' 00" W) for a distance .of three*
hundred six and seventeen hundredths feet',
(306.171)' to an angle point in the centerline
of Easement "'A" and the terminus point of the:
hereinafter described'centerline of Easement 11B11
THENCE continuing with the centerline of Ease-
ment "A", North twenty-three degrees twelve
minutes fifty-two seconds West (N 230:.12' 52"
W) for a distance of -two -hundred sixty -six --
and sixty-six hundredths -feet (266.66') to
an angle point in Easement "A" and the terminus
Point of the hereinafter described centerline
of Easement "C"
THENCE continuing with the centerline of Easement`
_. "A North o.ne.degree- thirt
-one minutes twenty-
six, seconds'West
(N .010 31'.26" W) fora distance
of .two hundredninety-"two:-and nineteen":hundredths
feet (292.19.1) to an angle point in -Easement :'A"
and the beginning point of the ,herein:after de=
scribed: con"terline -of. Easement "D".
THENCE -continuing with the centerline of Easement
"A", North forty-nine degrees fifty-three minutes
twenty-nine seconds East (N 49° 53' 29".E) for''
a distance of one hundred seventy-five and -zero..
hundredths feet (175.0.0l') to the end,of the herein
described centerline of a thirty foot(301)wide
storm sewer easement;
TRACT B
BEGINNING at a point in the fourth course of the
Boundary Line Agreement description, -attached
hereto as Exhibit "A", said description.being,
the beginning centerline'of a thirty foot (301).
wide storm sewer. Easement "B", said beginning
point being located North forty degrees thirty-
one minutes twenty-seven seconds West (N 400.3.11__
27" W) from the point of intersection of the
third and fourth courses of said boundary line'
a distance of two hundred seventy-six.and-thirty-
nine hundredths feet (276.39');
THENCE with the centerline of said Easement "B".,
there being fifteen feet (15,' ), on each side
measured.at right angles to said centerline,
North sixty=eight degrees twenty-two minutes....
thirty-two seconds East .(N 68° 22' 32" E) for:
I
distance of thirty-two and ninety-eight hun
dredths feet (32.98') to a terminus point of
Easement "B" and angle point in aforesaid Ease
ment."A";
TRACT C
BEGINNING at a. point in the sixth course 'of
the Boundary Line Agreement description, attached
hereto'as Exhibit "A',':said point being located
-North seven degrees forty-five minutes twelve
seconds West�(N 070 45', 12" W), a distance of.
fifteen and sixteen.hundredths feet (15.16'.)
from.the point of 'intersection of the'fifth
and sixth courses of said boundary line;
THENCE with the centerline of said thirty foot
(30,'), wide storm. sewer Easement "C"', there being
fifteen feet (151) on each side and me.asured.at
right angles to -said centerline,.North sixty;
seven degrees thirty-eight minutes eighteen
seconds -East -(N 670 38' 18" E) for a."distance
of twenty-six and eighty-four hundredths.feet.
(26.841) -to a terminus point of Easement"C"
and angle point:in the aforesaid,centerline of
storm:sewer Easement "A";
TRACT 'D
BEGINNING in the. centerline of Tract A, at.the
point of intersection of the third, and fourth.
courses of said Tract A;
THENCE with the centerline of thirty .foot (30')
wide storm sewer Easement "D" there'being
fifteen feet (15') on each side and measured.:.
at right angles to said centerline, North "twenty.
degrees thirty minutes :seven seconds West (N,'20°
30' . 07" W) for' .a :distance of, forty=four. and
seventy-eighthundredths. feet .(44.--781).',t6 an
angle point;
-2-
THENCE west with said centerline "of•thirty foot.
(30") sto.rm sewer easement to the east line of
Riverside Drive (Orleans -Pearl Connection);.
TRACT E
BEGINNING at'a point in the second course of the
Boundary-Line"Agreement description,"attached.
hereto as Exhibit'"A", said description being
the beginning centerline point of the herein
described' thirty foot (30' )' wide sanitary sewer.
easement, said point being located;North one...
degree fifty minutes twenty-one seconds East
(N 01° 50' 21" E), a distance of fifty-three
and seventy-four hundredths feet (55.74') 'from'
the point of intersection of the first and
second courses : of said boundary: line, .said
centerline extends in"a.southea'sterly direction -
from -the second course of said boundary line,
THENCE with the centerline of the thirty.foot
(30') wide sanitary sewer easement, there being
fifteen feet "(151) on each side measured at
right angles to "said centerline South''forty .
three degrees five minutes twenty-seven seconds
East (S 43° 05', 27"' E)' for a distance of, one:
hundred eight'and seventy-eigh� hundredths feet.
(108.78') to, an. •angle point in said -centerline;.
THENCE continuing"with the. centerline.;of said
thirty foot (30'), --wide sanitary• sewer_ easement,:
South ;eighty-four- degrees twenty-nine. minutes`:.'. .
fifteen seconds East.. (S 84° 29' 15" E) ,,.four
hundred"fifty-nine and zero hundredths -feet
(459.001) to an angle point for corner,
THENCE continuing with the centerline of.the
herein described'thirty foot, (30') wide sanitary
sewer easement South one degree nineteen minutes
fifteen seconds East -(S 01° 191_15 E) for a
distance of seven and zero hundredths feet:..(7.00')
to an angle point in said centerline;
THENCE"continuing with said centerline-of_.the
herein described thirty foot_(30')'wide sanitary. -
sewer easement, South eighty-three degrees
twenty minutes fifteen seconds East ;(S "830:. 20"" ,
15".E) for .a distance of six .hund'red "sixty. -two, =
and.zero'hundredths feet (662.00')', more or
less, to the west "line• of Greer Street .and, the -
end of the herein described centerline of'said"'.`
. thirty foot (30') wide sanitary sewer: easement..
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 City of
Beaumont, Texas, its successors and assigns.
WITNESS MY HAND this then Q day of
-�P�--
1977.
3 •. .
7 OF
40r;1"
PORT OF BEAUMONT
ATTEST: By: ;;��
V11. R, !� i Alx r o v cl �.
W-2
By
(3.
). G , I iqs 4gr,
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day
personally appeared `� �� . �^�-Q.cz
known to
me to be the person and'officer whose name is' subscribed to
the.foregoing instrument, and acknowledged to me that he
executed the same as. the act of said Port of Beaumont for,the
purposes and consideration therein expressed and, in the;
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of {L✓ , 19.77. ,
Notary, Public in, and for..
- Jefferson County., Texas, .
marts C Adc
EXHIBIT' ."D"
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY' OF JEFFERSON I
THAT the Port of Beaumont, of Jefferson County,.
Texas, hereinafter called GRANTOR; for and in consideration
of the transfer to said GRANTOR of various other properties,
the receipt and sufficiency of which is hereby acknowledged
and confessed, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto the City of Beaumont,
a municipal corporation domiciled in Jefferson County, Texas,
and to its successors and assigns, the following described
property situated in Beaumont, Jefferson County, Texas, to -wit:
TRACT A
BEING a tract of land out of the Port
of Beaumont'tract in the David Brown
League, Beaumont,. Jefferson County,
Texas, being described as follows:
BEGINNING at the Northwest corner of
Buford Street and Greer Street, same
being a Southeast corner of the Port
of Beaumont property;'
THENCE North along a East line of the
Port property and the West line of Greer '
Street Fifteen (15.0) feet to a point
for corner;
THENCE West along a line that is fifteen..
(15.0) feet from and parallel to ,a
South line of the Port property and the
North line of Buford Street a distance of
Six Hundred Twenty-three (623.0) feet to
a point for corner;
THENCE in a Southwesterly direction a
distance of Two Hundred Thirty and Forty,
Nine Hundredths (230.49) feet to a point
in the South line of the Port property
and the North line of Buford Street,
said point being Four Hundred Ten
feet East of the Northeast corner of
Buford Street and Sabine Pass Avenue;
THENCE East along the South line of Port
property and the North line of Buford
Street Eight Hundred Fifty-three (8.53.0)
feet to the PLACE OF BEGINNING; containing
0.25 acres more or less.
TRACT B
BEING a tract of land out of the Port of
i Beaumont tract,. formerly.the Hotel Dieu
Tract, in. the David Brown League, Beaumont,
Jefferson -County, Texas, containing 0.18-
acres more or less, being described as
follows:
BEGINNING at the Northeast corner of Buford.
Street and Sabine Pass Avenue in the City
of Beaumont, same being a Southwest corner,.
of the Port of Beaumont property, mark in'
concrete for corner;
THENCE North along a West line of the Port.
property which is the East line of Sabine
Pass Avenue forty (40),feet to.point for
corner;
THENCE Southeast fifty six and 57 hundredths
(56.57) feet to a point in the South line
of the Port property which is the North
line of Buford Street to point for corner;
THENCE West along a South line of the Port
property which is the North line of Buford
Street forty (40) feet to the PLACE OF
BEGINNING.
`1'O 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 The City of
Beaumont, Texas, its successors and assigns, save and except
the following reservation:
The GRANTOR reserves all of the oil, gas and sulphur
in and under said land, but waives all rights of ingress'and
egress to or from the surface of said land for the purpose
of exploring, developing, mining or drilling for the same.
AND said GRANTOR herein, does hereby bind itself,
its successors and assigns to WARRANT.AND FOREVER DEFEND.
all and singular the said premises.unto said City of Beaumont,
Jefferson County, Texas, and its successors and assigns
against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
WITNESS MY HAND THIS the day: of
1977.
PORT OF BEAUMONT
ATTEST: By:
W, R.
�, Cs niA6 �ers —2-
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day
2 u J ,
personally appeared ���% � /� • �� -� �� known
to me to be the person and officer whose name is subscribed
to the foregoing ir_strument,.and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated as the act
and deed of said Port of Beaumont.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of ��.e e ,�� , 1977. .
Notary Public in and for
Jefferson County, Texas
-::Tri5 CABG
FILI-D'.FOR RECORD 46
COUNTY CLERK
JE&ERSdN COUNTY;TEXAS 1035,046
MAR 23 i 27
tol +Page
DEED RECORDS
STATE OF TEXAS
ice COpgt COUNTY OF JEFFERSON
I hereby certify that this instrument was FILED for
RECORD on the date and at the time stamped hereon; and
duly RECORDED without delay in the Volume and Page of the
above named RECORDS of Jefferson County, Texas as stamped
hereon by me.
FffE�dGN COpNCOUNTY CLERK
JEFFERSON COUNTY, TEXAS