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HomeMy WebLinkAboutRES 82-192 R E S O L U T I O N WHEREAS, the parcel of land described in the special warranty deed attached hereto as Exhibit "A" is a portion of a larger tract of land originally acquired for street right-of-way purposes and is no longer needed by the City of Beaumont; and, WHEREAS, the said parcel of land is so shaped and so small as to be incapable of being used independently as zoned and is an uneconomic remnant and should be sold to the abutting property owner; and, WHEREAS, the abutting property owner is Joseph F. Smith of Beaumont, Jefferson County, Texas; and, WHEREAS, Joseph F. Smith in exchange for the conveyance to him of said parcel of land will pay the City of Beaumont $2, 421. 77 and will convey a parcel of land described in the deed attached hereto as Exhibit "B" to the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the parcel of land described in Exhibit "A" attached hereto shall be sold to Joseph F. Smith for $2,421.77 and the conveyance by him to the City of Beaumont of the parcel of land described in Exhibit "B" attached hereto, and that such sale, for the reasons hereinabove stated, is consistent with Article 5421c-12 of the Texas Revised Civil Statutes; and, BE IT FURTHER RESOLVED that the City Manager be, and he is hereby, authorized to execute, for and in behalf of the City of Beaumont, a special warranty deed in substantially the form as attached hereto as Exhibit "A" for and in consideration of $2, 421. 77 and the execution by Joseph F. Smith of a deed in substantially the form attached hereto as Exhibit "B". PASSED BY THE CITY COUNCIL of the City of Beaumont this the � day of 1982. - Mayor - STATE OF TEXAS § KNOW ALL MEN BY PRESENTS: COUNTY OF JEFFERSON § SPECIAL WARRANTY DEED THAT the City of Beaumont, a municipal corporation of Jefferson County, Texas, for and in consideration of the sum of TWO THOUSAND FOUR HUNDRED TWENTY-ONE DOLLARS AND SEVENTY-SEVEN CENTS ($2,421. 77) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY unto Joseph F. Smith of Jefferson County, Texas, all of that certain real estate (the "Property") lying and being situated in Jefferson County, Texas, more particularly described as follows : BEING a 0. 02 acre parcel of land out of and being a part of the right-of-way of East Caldwood Drive as recorded in Volume 1734, Page 430, of the Jefferson County Courthouse and the right-of-way of South Caldwood Drive as recorded in the original Caldwood-Addition Plat, Map of which is recorded in Volume 5, Page 14, Map Records of Jefferson County, Texas; Beginning at a 3/4 inch pipe found in the existing right-of-way of South Caldwood Drive locating the southwest corner of said Lot 13 and the southeast corner of Lot 14 of the said Block 7, Caldwood Addition; Thence along the existing northern right-of- way line of South Caldwood Drive and the southern line of said Lot 13 and following the courses and distances: N 730 18' 52" E 26.51 feet N 690 30' 13" E 26.48 feet N 670 14' 27" E 15. 18 feet to an iron pin set in the southeast corner of Lot 13 of the said Caldwood Addition; Thence North 09°56122" East along the existing West right-of-way line of East Caldwood Drive, a distance of 163.47 feet to an iron pin set in the northeast corner of Lot 13 of the said Caldwood Addition; Thence South 06 009'00" West along the proposed West right-of-way line of East Caldwood Drive, a distance of 114.94 feet to an iron pin set in the proposed East line of Lot 13 of the said Caldwood Addition; EXHIBIT "A" Thence South 21 141157" West along the proposed West right-of-way line of East Caldwood Drive, a distance of 61.20 feet to an iron pin set in the proposed southeast corner of Lot 13 of the said Caldwood Addition and being in the proposed North right-of-way line of South Caldwood Drive; Thence North 08146103" West, a distance of 5. 06 feet to the place of beginning and containing 0.02 acres of land. This conveyance is expressly subject to all covenants, restrictions, and easements of record affecting said property, if any. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Joseph F. Smith, his heirs, successors, and assigns forever, and GRANTOR does hereby_ bind itself and its heirs, successors, and assigns, to warrant and forever defend all and singular the Property unto GRANTEE and his heirs, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under, but not otherwise and subject to all easements and reservations of minerals of record. EXECUTED this day of 1982. CITY OF BEAUMONT By Ray A. Riley, City Manager STATE OF TEXAS § COUNTY OF JEFFERSON § Before me, the undersigned authority, on this day personally appeared Ray A. Riley , City Manager of the City of Beaumont, Texas, a municipal corporation, 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 2 - and considerations therein expressed, and in the capacity therein stated, and as the act and deed of said municipal corporation. Given under my hand and seal of office on this day of , 1982• Notary Public in and for Jefferson County, Texas - 3 - STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WARRANTY DEED That JOSEPH F. SMITH, for and in consideration of the sum of ten ($10. 00) dollars and other good and valuable consideration to him in hand paid by the City of Beaumont, a municipal corporation of Jefferson County, Texas, the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto said City of Beaumont all of that certain real estate (the "Property") lying and being situated in Jefferson County , Texas, more particularly described as follows, to-wit: BEING a 18. 13 square foot, parcel of land out of and being part of Lot 13, Block 7 , Caldwood Addition to the City of Beaumont, Jefferson County , Texas, map of which is recorded in Volume 5, Page 14, Map Records of Jefferson County, Texas; BEGINNING at the northeast corner of the parcel of land described herein, which is South 0905612211 East, a distance of 151. 18 feet from an iron pin set in the northeast corner of Lot 13, Block 7, of the aforementioned Caldwood Addition; THENCE South 09°56122" West along the existing West right-of-way line of East Caldwood Drive, a distance of 12. 28 feet to the existing southeast corner of Lot 13, Block 7, of the aforementioned Caldwood Addition and being on the existing North right-of-way line of South Caldwood Drive; THENCE South 67 114127" West along the proposed North right-of-way line of South Caldwood Drive, a distance of 3.52 feet to a point on the proposed West right-of-way line of East Caldwood Drive; THENCE North 21 141'57" East along the proposed West right-of-way line of East Caldwood Drive, a distance of 14.50 feet to PLACE OF BEGINNING and containing 18.13 square feet of land. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said City of Beaumont, its heirs, successors, and assigns O ��� EXHIBIT "B" forever, and GRANTOR does hereby bind himself and his heirs, successors, and assigns, to warrant and forever defend all and singular the Property unto GRANTEE and its heirs, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this the day of , 1982. Joseph F. Smith STATE OF TEXAS COUNTY OF JEFFERSON g BEFORE ME, the undersigned authority on this day personally appeared JOSEPH F. SMITH, 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 the day of 1982. Notary Public in and for Jefferson County, Texas 2 —