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HomeMy WebLinkAboutORD 34-Lt - -z iit6 1 , AN ORDINANCE AN ORDINANCE AUTHORIZING AND DIRECTING THE CON- VEYANCE BY GENERAL WARRANTY DEED FROM THE CITY OF BEAUMONT TO THOMAS LOMBARD02 CONVEYING THAT CERTAIN TRACT OF LAND IN JEFFERSON COUNTY, TEXAS, OUT OF THE 94.5 ACRES CONVEYED BY THE TRUSTEES OF 0AS11WELL TRUST TO THE CITY OF BEAUMONT BY DEED DATED SEPTF2,1BER 19, 1936, RECORDED IN VOL. 423, PAGE 227, OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOrirS, TO TIT. "BEGINNING AT A POINT WHERE THE EAST BOUNDARY LINE OF CARROLL AVENUE IS IN- TERSECTED BY THE NORTH BOUNDARY LINE OF BUFORD STREET (AS ESTABLISHED IN THE NECHES RIVER PARK ADDITION) PRODUCED EASTI ARD, SAID BEGINNING POINT BEING MARK -ED BY AN IRON PIN, THENCE CONTINUING EASTWARD V�aTH THE SAID NORTH LI1\1E OF BUFORD STREET, BEING PERPENDICULAR TO THE SAID EAST LINE OF CARROLL AVLfi1UE, 200 FEET TO IRON PIN, THENCE NORTHWARD PARALLEL WITH AND 200 FEET DISTANT FROM THE SAID EAST LINE OF CARROLL AVENUE 241.3 FEET TO THE SOUTH BOUNDARY LINE OF THE TEXARKANA & FORT SMITH RAILWAY SPUR TRACK, AN IRON PIN, THENCE WESTWARD 1'tiTITH THE SOUTH RIGHT OF V;TAY LINE OF THE TEX- ARKANA AND FORT SMITH RAILWAY, EUICH IS ON A 5 DEGREE CURVE TO THE LEFT 200.9 FEET TO ITS INTERSECTION V:'ITH THE SAID EAST BOUNDARY LINE OF CARROLL AVENUE, AN IRON PIPE, THENCE SOUTHIARD WITH THE SAID EAST BOUNDARY LINE OF CARROLL AVENUE 261.4 FEET TO THE PLACE OF BEGINNING. CONTAINS 1916 ACRES. A MAP OR DR.AWING SHOWING THE LOCATION AND FIELD NOTES IS ATTACHED HERETO AND MADE A PART HEREOF. " TOGE1HER V�iITH A PIPELINE EASEMENT 6 FEET IN WIDTH EXTENDING FROM THE NCRTH RIGHT-OF-WAY LINE OF THE TE - RKANA & FORT SMITH RAILWAY SPUR TRACK TO THE NECHES RIVER, THE WTST BOUNDARY LINE OF SAME BEGINNING -- - -- - - - -- - - -AT- A_.P_O.INT WHERE THE -EAST BOUNDARY LINE EXTENDED OF THE 1916 ACRE TRACT ABOVE DESCRIBED INTERSECTS THE NORTH -RIGHT-OF-VIAY LINE OF THE TEXARKA.NA & FORT SMITH RAILWAY SPUR TRACK AND EXTENDING TO A POINT IN THE SOUTH LINE OF THE NECHES RIVER liIIERE SAID EAST BOUNDARY LINE EX- TENDED INTERSECTS THE SOUTH BOUNDARY LINE OF THE SAID NECHES RIVER; FOR A CASH CONSIDERATION OF TWO THOUSAND DOLLARS („2,000.00), AND AUTHORIZING AND DIRECTING THE MAYOR AT''lD CITY CLERK OF THE CITY OF BEAUMONT, ON BEHALF OF THE CITY OF BEAUMONT TO HAVE PREPARED, EXECUTED, AND DELIVERED TO THE SAID THOMAS LOIVBARDO A GENERAL WARRANTY DEED TO SAID PROPERTY. WHEREAS, on the 16th day of March, A. D. 1937, the City of Beaumont did execute and deliver to Thomas Lombardo, of Jef- ferson County, Texas, a certain lease agreement and option.con- tract conveying the lands and premises above described to Thomas Lombardo for a period of five years beginning March 1, 1937, and ending February 28, 1942, with an option to purchase the above-described'property at any time during the five-year period, upon the terms and conditions`,set forth in said agree - menta and VIHEREAS, as a part of the consideration for said lease and option contract it was provided that the Lessee shall simultaneously with the closing of the purchase of said. tract .23 execute a good and sufficient bond payable to the City of Beaumont in the sum of not less than Three Thousand Dollars (7,3,000.00), conditioned so that the Lessor will be guaranteed a minimum of Three Thousand Dollars (j3,000o00) wharfage re- ceipts as a return from business conducted during the period beginning March 1, 1937, and ending February 28, 1942, on the property therein described; and WHEREAS, the said Thomas Lombardo has tendered to the City of Beaumont a good and sufficient bond with good and suf- ficient sureties, conditioned as provided in said contract, which said bond has been accepted and approved by the City of Beaumont; and, Va'HEREAS, the said Thomas Lombardo has paid to the City of Beaumont the sum of Two Thousand Dollars ('02,000.00) in cash, being the agreed consideration and purchase price for said pro- perty. Now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT : cin m-rnnT �r That the Mayor and the City Clerk of the City of Beaumont be, and they are hereby authorized and directed to exe- cute on behalf of the City of Beaumont a general warranty deed to Thomas Lombardo of Jefferson County, Texas, to 1.16 acres of land out of the 94.5 acres conveyed by the Trustees of the Caswell Trust to the City of Beaumont by deed dated September 19, 1936, recorded in Vol. 423, page 227, of the Deed Records of Jefferson County, Texas, more fully described herein, together with the pipeline easement herein described, in consideration of said sum of Tv.o Thousand Dollars (.;2,000.00) cash heretofore in hand paid to the City of Beaumont by the said Thomas Lombardo, and the execution and delivery of the good and sufficient bond in the penal sum of Three Thousand Dollars ($13,000000) above described, which has been tendered and accepted by the City of Beaumont, said deed to be in words and figures substantially as follows: - 2 - "The .State of Texas County of Jefferson Know all men by these presents: That the City of Beaumont, acting herein by and through P. D. Renfro, -its. Mayor, and Raymond Edmonds, its City Clerk, hereunto duly authorized, for and in consideration of the sum of TZ"0 THOUSAIID DOLLARS (S`2,000.00 ) bash to it in hand paid by Thomas Lombardo, the receipt of which is hereby acknow- ledged and confessed, has granted, sold, and conveyed, and by these presents does grant, sell, and convey unto the said Thomas•,Lombardo, of Jefferson County, Texas, all that certain tract, lot, or parcel of land situated and lying in Jefferson County, Texas, more particularly de- scribed as follovrs, to wit: "A tract of land out of the 94.5 acres conveyed by the Trustees of the Caswell Trust to the City of Beaumont by deed dated September 19, 1936, and recorded in Volume 423, Page 227 of the Deed Records of Jefferson County, Texas. Beginning at a point where the East boundary line of Carroll Avenue is intersected by the North boundary line of Buford Street (as es- tablished in the Neches River Park Addition) produced Eastward, said beginning point being marked by an iron pin, thence continuing East- ward with the said North line of Buford Street, being perpendicular to the said East line of Carroll Avenue, 200 feet to iron pin, thence Northward parallel with and 200 feet distant from the said .East line of Carroll Avenue 241.3 feet to the South boundary line of the Tex- arkana & Fort Smite Railway spur track, an iron pin, thence Westward with the South right of way line of the Texarkana and Fort Smith Rail- way, which is on a 5 degree curve to the left 200.9 feet to its intersection with the said East boundary line of�Carroll Avenue, an iron pipe, thence Southward with the said East bound- ary line of Carroll Avenue 26194 feet to the place of beginning. Contains 1.16 acres. A map or drawing showing the location and field notes is attached hereto and made a part here- of." And for and in consideration of the premises, the City of Beaumont hereby gives and grants unto the said Thomas Lombardo, of Jefferson County, Texas, a pipeline easement 6 feet in width extending from the north right- of-way line of the,Texarkana and Fort Smith Railway spur track to the Neches River, the west boundary line of said easement beginning at a point where the east boundary line extended of the 1.16 acre tract above described intersects the north right -of -gray line of the Texarkana & Fort Smith Railway spur track, and extending to a point in the south bank of the Neches River where said east boundary line extended intersects the south bank of the Neches River, said easement to be located as shown on the map or drawing accompanying this deed. TO HAVE A,ND TO HOLD the above-described premises, together with all and singular the right, privileges, and appurtenances thereto in anywise belonging, unto the said Thomas Lombardo, his heirs and assigns forever, and the City of Beaumont does hereby bind itself, its successors and assigns to warrant and forever defend all and singular the said premises unto the said Thomas Lombardo, his heirs and assigns forever, against every person whomsoever law- fully claiming or to claim the same or any part thereof. - 3 In witness whereof, the City of Beaumont has caused these presents to be signed by P. D. Renfro, its Mayor, hereunto duly authorized, and its seal hereto affixed by Raymond Edmonds, its City Clerk, on this day of November, A. D. 1937. THE CITY OF BEAT ,JONT By Attest: Mayor City Clerk Approved as to Form: City ,Attorney The State of Texas County of Jefferson Before me, the undersigned authority, on this day personally appeared P. D. Renfro, Mayor of the City of Beaumont, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same as the act of such corporation for the purposes and consider- ation therein expressed, and in the capacity therein statede Given under my hand and seal of office this, the day of November, A. D. 1937. Notary Public in and for Jefferson County, Texas. The State of Texas County of Jefferson Before me, the undersigned authority, on this day personally appeared Raymond Edmonds, City Clerk of the City of Beaumont, a municipal corporation, known to me to be the person whose name is subscribed to the fore- going instrument and acknowledged to rae that he execut- ed the same as the act of such corporation for the pur- poses and consideration therein expressed, and in the capacity therein stated. . Given under my hand and seal of office this, the day of November, A. D. 1937. Notary Public in and for Jefferson County, Texas.tf SECTION II That the Mayor and City Clerk of the City of Beaumont be, and they are hereby authorized and directed to deliver the general warranty deed above described, properly executed, to the said Thomas Lombardo. PASSED, after third and final reading, by a note of all /1/4members of the City Commission of the City of Beaumont this �3-- day of November, A. D. 19370 d Commissioner