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HomeMy WebLinkAboutORD 72-62LLJ-/im/12/18/7" - ORDINANCE NO. V- 6 Z - ENTITLED AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY DEED TO MEDICAL CENTER DEVELOPMENT LIMITED, A LIMITED PARTNER- SHIP, FOR THE SUM OF $1,181,393.701 AS SHOWN ON EXHIBIT "AP1. WHEREAS, by an election held on the 26th day of September, 1972, a majority of.the qualified voters voting at said election authorized the sale of 32 acres, more or less, of a portion of park lands belonging to the City of Beaumont, known as Central Park; and, WHEREAS, bids on said sale were duly called for and received by the City.Council; and, WHEREAS, the bid made by Medical Center Development Limited, of Beaumont, Jefferson County, Texas, a limited partnership, in the amount of $1,181,393.70 appears to be the highest and best bid, and is considered by the City Council to be adequate consideration for said land and . that the bid should be awarded to the said Medical Center Development Limited; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That the Mayor of the City of Beaumont, Texas, be, and he is hereby, authorized to execute a "general warranty deed" for and in behalf of the City of Beaumont conveying the 31.908 acres tract of land described in Exhibit "AFl hereto to Medical Center Development Limited, of Beaumont, Jeffer- son County, Texas, a limited partnership, for and in consideration of the sum of $1,181,393.70. Section 2. That the "general warranty deed" to be executed by the Mayor is attached hereto as Exhibit "A". � - -7 .2 PASSED by the City Council this day of December, 1972. ATTEST: City Clerk -2- KEWJr/im/12/1' THE STATE OF TEXAS I COUNTY OF TEFFERSON KNOW ALL MEN BY THESE PRESENTS: That the City of Beaumont, a municipal corporation of Jefferson County, Texas, hereinafter called "Grantor", ac ting_ herein - by_ -and ,throu:gh- -i t -s - duly - authorized Mayor and attested by its City Clerk, hereunto duly authorized, for and in consideration of the sum of One Million One Hundred Fighty-One Thousand Three Hundred Ninety -Three and 70/100 ($1,181,393.70) Dollars to it in hand paid by Medical Center Development T.,imited, of Beaumont, Jefferson County, Texas, a limited Partnership, hereinafter called "Grantee", the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD.and CONVEYED and by these presents does GRANT, SELL and CONVEY unto the said Grantee all that certain tract or parcel of land lying and being situated in Jefferson County,. Texas -,--being more particularly described as follows, to -wit: BEING a 31.908 acre tract of land out of the David Brown League and being located partially in that certain 42.371 acre tract of land conveyed to the City of Beaumont by Leonidas Cartwright as recorded in Volume 774, Page 48, Deed Records, Jefferson County, Texas, and being located partially in that certain 57.629 acre tract of land heretofore conveyed to the City of Beaumont by the Matthew Cartwright Land and Improvement Company as recorded in Volume 174, Page 47 of the Deed Records, Jefferson County, Texas, the said 31.908 acre tract being located along and adjacent to the south right of way line of Fannin Street in what is known as the City of Beaumont Central Park Tract of land, the 31.908 acre tract being described by metes and bounds as follows: BEGINNING at a concrete monument which marks the northeast corner of the said 31.908 acre tract in the south right of way line of Fannin Street, an 80' wide right of way, the said monument being located South 000;29" West a distance of 20' _end South 8905851" West a distance of 1,056.1' from the northeast corner' of the said 42.371 acre tract at the northwest corner of Block 29 of the Cartwright Terrace Addition, which was formerly known as the West Cartwright Addition, the said beginning corner being also located South 89058'51" West a .distance of 996.1', measured, along the south'right of way line of Fannin Street from the.west right of way line of Fourth Street, a 60' wide right of way; THENCE, South. 000'2.9" West across the 42.371 acre frac t_ and_ into__..t.he.__5-7 .-629 acre-- trac-t a -t ---a°distance of 887.03' Dass a concrete monument, which. marks the northwest corner of the Texas National Guard 2.500 acre tract and continuing along the said course at a total distance of 1,202.78' to a concrete monument for corner in the north line of a 50' wide strip of land reserved for the future widening of College Street, the said concrete monument being located 50' North of the north right of way line of College Street, an 80' wide right of way; THENCE South 89058'51" West 50'_ North of and parallel to the north line of College Street a distance of 1,551.26' to a concrete monument for corner at the southeast corner of the Cerebral Palsy Foundation's 3.342 acre tract; THENCE North 004'4511 East along the east line of the 3.342 acre tract a distance of 727.78' to, a concrete monument for corner at the northeast corner of 'the said 3.342 acre tract,inthe south _ line of the Mental Health and Retardation 3.271 acre tract; -- THENCE North 89058'51" East along the south line of the 3.271 acre tract at a distance of 100' pass a concrete monument marking the southeast corner of the 3.271 acre tract and continuing along said course for a total distance-cf 1,000.00' to a concrete monument for corner; THENCE North 004'45" East a distance of 475.00' to a concrete monument for corner in the south right-of-way line of Fannin Street; THENCE North 89058'51" East, along the south right of way line of Fannin Street, a distance of 549.74' to the place of beginning. 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 Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its- successors and assigns, to warrant and r forever defend all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. -2- 2 - THENCE , - r It is expressly agreed and understood that Grantee shall have the right of ingress and egress to and from the subject property on the College frontage, but Grantor, as a home -rule City, shall retain the Dower to reasonably limit such points of ingress and egress. -This conveyance is made expressly subject to Dublic utilities presently serving the herein conveyed Droperty internally, and other utilities existing in the herein conveyed property. EXECUTED this the day of 197 THE CITY OF BEAUMONT, TFYAS BY: ATTEST: - Mayor - City Clerk - THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared KEN RITTER, Mayor of the City of Beaumont, Texas, known to me to be the person whose name is subsc-ribed 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. GIVEN under my hand and seal of office this the day of 197 Notary Public in and for Jefferson County, Texas -3- LLJ•/im/12/18/7`' ORDINANCE NO. 1cX— 6 Z - ENTITLED AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY DEED TO MEDICAL CENTER DEVELOPMENT LIMITED, A LIMITED PARTNER- SHIP, FOR THE SUM OF $13181,393.703 AS SHOWN ON EXHIBIT "A". WHEREAS, by an election held on the 26th day of September, 1972, a majority of.the qualified voters voting at said election authorized.the sale of 32 acres, more or less, of a portion of park lands belonging to the City of Beaumont, known as Central Park; and, WHEREAS, bids on said sale were duly called for and received by the City.Council;, and, WHEREAS, the bid made by Medical Center Development Limited, of Beaumont, Jefferson County, Texas, a limited partnership, in the amount of $1,181,393.70 appears to be the highest and best bid, and is considered by the City Council to be adequate consideration for said land and that the bid should be awarded to the said Medical Center Development Limited; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That the Mayor of the City of Beaumont, Texas, be, and he is hereby, authorized to execute a "general warranty deed81 for and in behalf of the City of Beaumont conveying the 31.908 acres tract of land described in Exhibit "ALP hereto to Medical Center Development Limited, of Beaumont, Jeffer- son County, Texas, a limited partnership, for and in consideration of the sum of $1,181,393.70. Section 2. That the "general warranty deed" to be executed by the Mayor is attached hereto as Exhibit 'PALL. PASSED by the City Council this day of December, 1972. ATTEST: City Clerk - 0/7 -2- KEWJr/im/12/18 2 _ I�2 lq_Zc��a e: THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON That the City of Beaumont, a municipal corporation of Jefferson County, Texas, hereinafter called ''Grantor", acting_-herein_by- .and,.,;through--its--duly authorized Mayor and attested by its City Clerk, hereunto duly authorized, for and in consideration of the sum of One Million One Hundred Fighty-One Thousand Three Hundred Ninety -Three and 70/100 ($1,181,393.70) Dollars to it in hand paid by Medical Center Development T.,imited, of Beaumont, Jefferson County, Texas, a limited partnership, hereinafter called "Grantee", the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto the said Grantee all that certain tract or parcel of land lying and being situated in Jefferson County,_ Texas,-being.more particularly described as follows, to -wit : BEING a 31.908 acre tract of land out of the David Brown League and being located partially in that certain 42.371 acre tract of land conveyed to the City of Beaumont by Leonidas Cartwright as recorded in Volume 774, Page 48, Deed Records, Jefferson County, Texas, and being located partially in that certain 57.629 acre tract of land heretofore conveyed to the City of Beaumont by the Matthew Cartwright Land and Improvement Company as recorded in Volume 174, Page 47 of the Deed Records, Jefferson County, Texas, the said 31.908 acre tract being located along and adjacent to the south right of way line of Fannin Street in what is known as the City of Beaumont Central Park Tract of land, the 31.908 acre tract being described by metes and bounds as follows: BEGINNING at a concrete monument which marks th.e northeast corner of the said 31.908 acre tract in the south right of way line of Fannin Street, an 80' wide right of way, the said monument being located South 000;2.9" -West a distance of 20' Ind South 89058'51" West a distance of 1,056.1' from the northeast corner of the said 42.371 acre tract at the northwest corner of Block 29 of the Cartwright Terrace Addition, which was formerly known as the West Cartwright Addition, the said beginning corner being also located South 89058'51" West a.distance of 996.1' measured along the south right of way line of Fannin Street from the west right of way line of Fourth Street, a 60' wide right of way; TUENCE,South 000'29" West across the 42.371 acre tract and into _the_5.7.-629 acre tract a -t -_ a -distance of 887.03' pass a concrete monument, which marks the northwest corner of the Texas National Guard 2.500 acre tract and continuing along the said course at a total distance of 1,202.78' to a concrete monument for corner in the north line of a 50' wide strip of land raserved for the future widening of College Street, the said concrete monument being located 50' North of the north right of way line of College Street, an 80' wide right of way; THENCE South 89058151" West 50' North of and. parallel to the north line of College Street a distance of 1,551.26' to a concrete monument for corner at the southeast corner of the Cerebral Palsy Foundation's 3.342 acre tract; THENCE North 004'4511 East along the east line of the 3.342 acre tract a distance of 727.78' to, a concrete monument for corner at the northeast corner of the said 3.342 acre tract.inthe south line_ of the Mental Health and Retardation 3.271 acre tract; THENCE North 89058151" East along the south line of the 3.271 acre tract at a distance of 100' pass a concrete monument marking the southeast corner of the 3.271 acre tract and continuing along said course for a total distance cf 1,000.00' to a concrete monument for corner; THENCE North 004'4511 East a distance of 475.00' to a concrete monument for corner in the south right-of-way line of Fannin Street; THENCE North 89058'51" East, along the south right of way line of Fannin Street, a distance of 549.74' to the place of beginning. 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 Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. -2- .11 It is expressly agreed and understood that Grantee shall have the right of ingress and egress to ;end from the subject property on the College frontage, but Grantor, as a home -rule City, shall retain the power to reasonably limit such points of ingress and egress. This conveyance is made expressly subject to public utilities presently serving the herein conveyed property internally, and other utilities existing in the herein conveyed property. EXECUTED this the day of 197 THE CITY OF BEAUMONT, TFYAS BY: ATTEST: - Mayor - - City Clerk - THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared 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 and in the capacity therein stated. GIVEN under my hand and seal of office this the day of 197 Notary Public in and for Jefferson County, Texas -3-