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HomeMy WebLinkAboutRES 12-106 RESOLUTION NO. 12-106 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a deed for 134.14 acres of property in return for$34,000.00 and 48.12 acres of property located near Hillebrandt Bayou, owned by James P. Ritter, Jr. to resolve a divided property issue which is currently divided from the main property by Hillebrandt Bayou. The deeds are substantially in the forms attached hereto as Exhibit "A" and Exhibit "B." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of May, 2012. ayor 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,JAMES P. RITTER,JR.,of the County of Jefferson,State of Texas,hereinafter called GRANTOR for and in consideration of the sum of TEN 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", 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 sulphur 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, 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 EXHIBIT"A" GRANTEE and GRAN'TEE'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 , 2012. JAMES P. RITTER,JR. By Printed Name ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of ,2012, by JAMES P. RITTER,JR. Notary Public, State of Texas RETURN TO: City of Beaumont do Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 Legal Description: 48.12 Acre Tract or Parcel of Land , M. Grange Survey, Abstract No. 26 Jefferson County,Texas BEING a 48.12 acre tract or parcel of land situated in the M. Grange Survey, Abstract No. 26, Jefferson County, Texas and being out of and part of Lots 5, 6 and 7 of the West Half of the M. Grange Survey as described in a judgment recorded in Volume 62, Page 494, Deed Records, Jefferson County, Texas and being out of and part of that certain called 84.2 acre tract,identified as TRACT Ill, and that certain called 56.1 acre tract, identified as TRACT IV, and that certain called 84.2 acre tract,identified as TRACT V, as described in a"Warranty Deed" from James P. Ritter and John C. Ritter to James P. Ritter, Jr and Allan B. Ritter as recorded in Film Code No. 102-25-1981, Official Public Records of Real Property, Jefferson County, Texas, said 48.12 acre tract being more particularly described as follows: NOTE. All bearings are based on the East line of that certain called 2183.50 acre tract of land conveyed to the City of Beaumont as recorded in Film Code No. 103-03-0258, Official Public Records of Real Property, Jefrerson County, Texas as SOUTH 03°24'10"EAST. All set 518" iron rods set with caps stamped "M W. Whiteley &Associates". COMMENCING at a V iron pipe found for the most Southerly Northeast corner of that certain called 2183.50 acre tract of land as described in a "General Warranty Deed" from Harry Holloway and wife, Christie E. Holloway to the City of Beaumont as recorded in Film Code No. 103-03-0258, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the common line between the said M. Grange Survey and the Christian Hillebrandt League, Abstract No. 28, Jefferson County, Texas and said corner bears SOUTH 02 045'55" WEST a distance of 12.91 feet from a concrete monument found for the Northwest corner of the said M. Grange Survey; THENCE SOUTH 03024'10" EAST, along and with the common line between the said M. Grange Survey and the said Christian Hillebrandt League, the same being the East line of the said 2183.50 acre City of Beaumont tract, for a distance of 4384.29 feet to a 5/8" iron rod set for the Northwest corner and the POINT -OF BEGINNING of the tract herein described, said corner also being the Northwest comer of the said Ritter TRACT IV and the Southwest corner of that certain called 28.06 acre tract of land as described in a deed from E.I. Hillebrandt to B.E. Quinn,Trustee as recorded in Volume 417,Page 556, Deed Records, Jefferson County,Texas; THENCE NORTH 86 033'29" EAST, for the boundary between the said Ritter TRACT IV and the said 28.06 acre B.E. Quinn tract, passing at a distance of 2096.32 feet a 5/8" iron rod set for reference and continuing for a total distance of 2156.32 feet to a point for corner, said corner being in the centerline of Jefferson County Drainage District No. 6 Moore Street Ditch; THENCE SOUTH 44 040'24" WEST, along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 2426.38 feet to a point for corner; 48.12 Acre Tract Page 1 of 2 MARK W W'r ITELEY AND ASSOCIATES,INC. THENCE SOUTH 40 001'26" WEST, continuing along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 510.62 feet to a point for coiner, said coiner being in the West line of the said Ritter TRACT III and the East line of the said 2183.50 acre City of Beaumont tract and being in the common line between the said M. Grange Survey and the Christian Hillebrandt League and said coiner bears NORTH 03 024'10"WEST a distance of 6860.36 feet from a 1" iron pipe found for the Southeast corner of the said 2183.50 acre City of Beaumont tract; THENCE NORTH 03024'10" WEST, for the boundary between the said Ritter TRACT Ill, TRACT V and TRACT V and the said 2183.50 acre City of Beaumont tract and the common line between the said M. Grange Survey and the Christian Hillebrandt League, passing at a distance of 65.00 feet a 5/8" iron rod set for reference and continuing for a total distance of 1990.54 feet to the POINT OF BEGINNING and containing 48.12 Acres,more or less. Surveyed on March 27, 2012. This legal description is being submitted along with a plat based on this survey. OiF S. j4 Thomas S.R we,RPLS No. 5728 .TH...... 5728 WA2012\12-1:3,12-123ma1.eoc !J S U� 48.12 Acrc Tract Page 2 of 2 MARK iK N111I7ELEYANDAS.SOCIATM INC. 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, CITY OF BEAUMONT,a municipal corporation,domiciled in Jefferson County, Texas of the County of Jefferson, State of Texas,hereinafter called GRANTOR for and in consideration of the sum of THIRTY FOUR THOUSAND AND NO 1100($34,000.00) DOLLARS and other good and valuable consideration,to it in hand paid by the JAMES P. RITTER, of the 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 JAMES P. RITTER,JR., P. O. BOX 1713,NEDERLAND,TEXAS 77627 and to its successors and assigns forever the property described in Exhibit"A",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 sulphur 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,if any,effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT"B" singular the rights acid 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 , 2012• CITY OF BEAUMONT By Printed Name Kyle Hammes Title City Manager ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of_ .2012, by KYLE HAYES. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 Legal Description: 134.14 Acre Tract or Parcel of Land Christian Hillebrandt League,Abstract No. 28 Jefferson County,Texas BEING a 134.14 acre tract or parcel of land situated in the Christian Hillebrandt League, Abstract No. 28,Jefferson County,Texas and being out of and pail of that certain called 2184.72 acre tract of land as described in a "Special Warranty Deed" from The Prudential insurance Company of America to Harry Holloway as recorded in Film Code No. 101-48-2246, Official Public Records of Real Property, Jefferson County,Texas and furthermore being out of and pant of that certain called 2183.50 acre tract of land as described in a "General Warranty Deed" from Harry Holloway and wife, Christie E. Holloway to the City of Beaumont as recorded in Film Code No. 103-03-0258, Official Public Records of Real Property, Jefferson County, T exas, said 134.14 acre tract being more particularly described as follows: NOTE: All bearings are based on the East line of the said City of Beaumont 2183.50 acre tract as recorded in Film Code No. 103-03-0258, Wi.cial Public Records of Real Property, .le§erson County, Texas as SOUTH 03°24'10" ECsy.. All set 518"iron rods set with caps staml)ed"M.W. Whiteley&Associates". BEGINNING at a 1" iron pipe found for the Southeast corner of the said 2183.50 acre City of &;aumont tract,said corner also being;the Northeast corner of the certain called 906 acre tract of land as described in a judgment recorded in Volume 1.69, Page 83, Deed Records, Jefferson County, Texas, the same being the Northeast corner of that certain called 403.43 acre tract of land as described in a "General Warranty Deed and Limited Power of Attorney" to Labelle Properties, LTD, as recorded in Film Code No. 105-16-0794, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the common line between the said Christian Hillebrandt League and the M. Grange Survey, Abstract No, 26, Jefferson County, Texas; 'THENCE SOUTH 88 030'12" WEST, for the boundary between the said 2183.50 acre City of Beaumont tract and the said 403.43 acne Labelle Properties,LTD.tract and along and with an old fence line,passing at a distance of 602.85 feet a 5/8" iron rod set for reference and continuing for a total distance of 616.85 feet to point for comer on the East bank of Hillebrandt Bayou; THENCE, NORTHERLY along the East bank of Hillebrandt Bayou the following courses and distances: THENCE NORTH 00'05'15" WEST, for a distatwc of 67.93 rvxt; THENCE NORTH 06 14831" WEST, for a distance of 124.54 feet; THENCE NORTH 08°21'24" WEST, for a distance of 138.03 feet; THENCE NORTH 14°14'07" WEST, for a distance of 154.53 feet; THENCE NORTH 19011'34" WEST, for a distance of 93.89 feet; THENCE NORTH 25 052'09" WEST,for a distance of 120.50 feet; THENCE NORTH 27°32'01" WEST,for a distance of 120.83 feet; THENCE NOR'T'H 33°47'50" WEST", for a distance of 120.91 feet; THENCE NORTH 33'10'00" WEST, for a distance of 161.94 feet; 34.14 Acre Tract Page 1 of 3 At-IRK If' lll//IrL13!'.I,vn,ISS(x.'In'/'rs./,'Vf.. THENCE NORTH 31049'27" WEST, for a distance of 121.39 feet; "THENCE NORTH 29016'54" WEST, for a distance of 1 89.60 feet; THENCE NORTH 15 02356" WEST, for a distance of 140.47 feet; THENCE NORTH 09007'07" WEST,for a distance of 88.91 feet; THENCE NORTH 00°02'41" EAST,for a distance of 81.71 feet; THENCE NOR'T'H 02°09'01" EAST,for a distance of 147.15 feet; THENCE NORTH 01°49'36" EAST",for a distance of 104.55 feet; THENCE NORTH 01°33'31" EAST,for a distance of 118.33 feet; THENCE NORTH 01041']4" EAST, for a distance of 150.58 feet; THENCE NORTH 01045'13" EAST,for a distance of 87.98 feet; THENCE-:NORTH 01017'28" EAST,for a distance of 130.84 feet; THENCE NORTH 01023'20" EAST,for a distance of 160.70 feet; THENCE NORTH 00045'29" EAST, for a distance of 111.97 feet; THENCE NORTH 00023'45" EAST, for a distance of 116.55 feet; THENCE NORTH 05020'46" EAST,for a distance of 126.09 feet; T14ENCE NORTH 00007'48" WEST, for a distance of 152.35 feet; THENCE NORTH 0l°23'07"EAST,for a distance of 125.30 feet; THENCE NORTH 01035'28" WEST,for a distance of 99.15 feet; THENCE NORTH 03036'29" WEST,for a distance of 137.55 feet; THENCE NORTH 01059'20" EAST, for a distance of 99.53 feet; THENCE NORTH 02013'32" WEST,for a distance of 159.12 feet; THENCE NORTH 02018'53" WEST,for a distance of 88.52 feet; THENCE NORTH 02051'58" WEST,for a distance of 120.27 feet; THENCE NORTH 01033'37" WEST,for a distance of 176.33 feet; THENCE NORTH 00005'22" WEST,for a distance of 113.57 feet; THENCE NORTH 01035'58" WEST,for a distance of 140.67 feet; THENCE NORTH 07034'18" WEST,for a distance of 134.75 feet; THENCE NORTH 1303317" WEST,for a distance of 1 36.54 feet; THENCE NORTH 08054'14" EAST, for a distance of 142.61 feet; THENCE NORTH 04035'03" EAST, for a distance of 126.63 feet; THENCE NORTH 02043'44" WEST,for a distance of 138.83 feet; THENCE NORTH 01019'01" WEST, for a distance of 179.26 feet; THENCE NORTH 01037'59" WEST,for a distance of 51.34 feet; THENCE NORT14 13017'09" EAST, for a distance of 47.05 feet; THENCE NORTH 06°40'45" WEST, for a distance of 61.77 feet to a point for corner, said corner being in the centerline of Jefferson County Drainage District No. 6 Moore Street Ditch; THENCE NOR'T'H 19016'31" EAST, along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 144.17 feet to a point for corner; THENCE, NORTH 01051'46" EAST, continuing along and with the centerline of the said Jefferson County Drainage Dishict No. 6 Moore Street Ditch, for a distance of 413.83 feet to a point for corner; 134.14 Acre Tract _ Paae 2 of 3 AL1RK It: 111111TE.G1 ANDAVOCIA7ES,INC THENCE NORTH 11 114155" EAST, continuing along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 222.03 feet to a point for corner; THENCE NORTH 40 001'26" EAST, continuing along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 1084.16 feet to a point for corner, said comer being in the East line of the said 2183.50 acre City of Beaumont tract and the West line of Lot 7 of the West Half of the M. Grange Survey as described in a judgment recorded in Volume 62, Page 494, Deed Records, Jefferson County, Texas, the same being the West line of that certain. called 84.2 acre tract, identified as TRACT 111, as described in a "Warranty Deed" from James P. Ritter and John C. Ritter to James P. Ritter,Jr and Allan B. Ritter as recorded in Film Code No. 102-25-1981, Official Public Records of Real Property, Jefferson County, Texas, and said corner being in the common line between the said Christian Hillebrandt League and the said M. Grange Survey and said corner bears SOUTH 03124'10" PAST a distance of 6374.83 feet from a 1" iron pipe found for the most Southerly Northeast corner of the said 2183.50 acre City of Beaumont tract; THENCE SOUTH 03 024'10" EAST, along and with the common line between the said Christian Hillebrandt League and the said M. Grange Survey, the West line of Lots 7, 8, 9, 10, 1.1, 12 and 13 of the West Half of the M. Grange Survey as described in.a judgment recorded in Volume 62, Page 494, Deed Records, Jefferson County, Texas and the East line of the said 2183.50 acre City of Beaumont tract, passing at a distance of 65.00 feet a 5/8" iron rod set for reference and continuing for a total distance of 6860.36 feet to the POINT OF BEGINNING and containing 134.14 Acres,more or less. Surveyed on March 27, 2012. This legal description is being submitted along with a plat based on this survey. OF Thomas S. Rowe, RPLS No. 5728 7 .N V �0 572t30�,�p w:�znl2lt:-itb�ta-�xn+fi�,4oc -0 PE88% SU 134.14 Acre Tract _ Page 3 of 3 -- �� A1.•1/Cti 11: 11711TE ET AM)A&VOCIATI:$INC-: