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HomeMy WebLinkAboutORD 53-Ni �( f 3(� r`GAF c f AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE MAYOR AND THE.CITY CLERK TO EXECUTE AN INSTRUMENT CON- VEYING TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA.THE RIGHT, POWER AND PRIVILEGE TO CONSTRUCT A SHIP CHANNEL THROUGH A TRACT OF LAND CONSISTING OF .92 ACRES OUT OF THE WILLIAM STEPHENSON LEAGUE IN ORANGE COUNTY, TEXAS, WHICH TRACT IS SITUATED ALONG THE EAST BANK OF THE NECHES RIVER, AND DE- CLARING AN EMERGENCY. WHEREAS, the City of Beaumont is the owner of a certain tract of land in the William Stephenson League in Oreage County, Texas, which land borders on the east bank of the Neches River; and WHEREAS, the Government of the United States of America has found it desirable and necessary to extend and widen the deep water channel of the Neches River up the river some distance north of the present turning basin in the harbor; and WHEREAS, this work on the part of the Government of the United States is necessary in order that the present shipbuilding plant, located on the Neches River north of the turning basin, may have a more adequate ship channel connected with its facilities; and WHEREAS, it is necessary that the channel be widened and that certain lands along the east bank of the river be dredged away, including the tract herein- after described; and WHEREAS, the Government of the United States of ,America has made it known to the City Commission that it is imperative that this work be done immediately and without delay, and the City Commission hereby finds that this is an emergency measure necessary for the immediate preservation of the public peace, property, health and safety of the City of Beaumont, and that this ordinance. should be passed finally on the date of its introduction, and should be effective immediately upon and after its passage, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: That Geo. W. Morgan, Mayor, and Hugh Blevins, City Clerk, be, and they are hereby, authorized and empowered to ex- ecute an instrument conveying to the United States of America the right, power and privilege to construct said ship channel, as now planned and approved by the United States engineers, over, through and along that certain tract of land situated in the William Stephenson League in Orange County, Texas, consisting of .92 acres, more or less, in accordance with the terms and pro - l' -ECS} E'DED visions of the -instrument which has been prepared by the City Attorney, a copy of which is hereto attached. Also attached hereto and made a part hereof is a plat prepared by the War Department of the United States Government, showing the tract involved. The fact that the improvement of the ship channel is necessary in order to facilitate the work of constructing ships in this war emergency and that the shipbuilding plant, located at Beaumont, is engaged in the construction of ships which are vitally necessary for the safety and security of this country and by reason of the above facts there is created an emergency and an imperative public necessity requiring that the rule that ordinances shall be read on three several days before their passage,be suspended, and the said rule is accordingly hereby suspended, and this ordinance shall take effect imme- diately from and after its passage. PASSED by the affirmative vote of all members of the City Commission of the City of Beaumont this the 17th day of February, A. D. 1942. Mayor of the y o Be n. WAR DEPARTMENT V6 N/ x ry il-6 8 g.45°59 32: /9a -n/ � T2'0 / _ 6xten5ian / - - m � Beaumonrurnin9 t f� 0 basin ,., o f ARBOR HNE NO. 6 2 REHOUSE No,7 WA O N X4.7' cra 1942 ENGINEERS, �. S. ARMY GORPS pF m v NEON STEPHE Q, o L►NE ° P:;Aj FERp8W.5598 T3°Q.92NO N.R.-1� Oof eBreoumoni c�+Y L.EP'�'vE N ++O + N.16° 360, 2 E o OF BEGINNING I' POINY S-16�2.02�� 610, OU.V VIV f IR 1� 1' 1' 1 `- 1 Lambert me 1 to the N pT E ntioned refer 2° 24' 49 beorings which differs by A11 � P1one Grid`ahe true merld►on. clockwise from Feb �g42 _ H.t"H. ora n BY _ /, SAg�NE- NEIN ES WATERWAY TEX. TRAGI No. N R-19 GpNvgYgD gY: DEED pATED SCALE - - 2� a Na: SN 107 -139 55 TETE STATE OF TDCAS COUNTY. OF. ORANGE X . YdT0ti7 ALL MEN .DY THESE PRESENTS t That the City of Beaumont,, .a. municipal corporation of Jefferson County; Texas, acting herein by its duly authorised " officers o for and in consideration of the appropriations made and to be made ,by the Government of the' United "States . of America; -and of the contributions of . fund's heretofore made by- - local.- interest-s for .the construction and 'subsequent mainten- ance of the ship. channel. from : deep 'water In. the Gulf of ;,:exico . leading to Fort Arthur, - Beaumont -and Orange, Texas, does hereby give 'and gran t ' to the United States 6P-. America the right, power ; and privileges to construct the', said ship channel, as now planned. and approved or :may be planned .and approved by the United States Fngineers , in . change of the construction t,hereof',. •through;, over acid 'along, a parcel .of, land situated in the William St-ephens-on Lea ,ue in Orange County,, Texas; said parcel being shown on blue print., file SN 107-139 attached hereto and made apart hereof, and described' by metes 'and bounds as follows Beginning.at, a stake located on North Bank of Neches 'River opposite Beaumont Port, Comnission lWarehouse Xo. 7.., from whence -Station '1013/36.2 of , the existing U. S. E: D. Reference Line, marked by a standard U. S. E. _ D, bronze cap set in concrete bears . N. 160 361520. E..50.0'feet; thenceN 730 231-08 W. 559.8 feet to a stake ,on ,the Southerly Right -of r7da line of the Kansas City Southern Railroad Company which Is, also th®' Northerly.. property line of the City of Beaumont, thence S 45 59 32" W...72.0 feet along said Railroad Fight of Tray line to a stake 'on the North Bank of the Neches River, thence'Southeasterly follow Ing the "meanders of the river 'bank 610 feet-more or less to a stake; thence N 160'361 52" E. 12'feet to `point of . beginning. Said, tract beim; ' located in the William Stephenson League,, Orange County, Texas,-contains 0.92 acres more or less.,. All bearings mentioned herein are referred. to the Lambert Plane-Grid Meridian which differs by 720 241 49" clockwise from the true meridian.. The above grant is rilade'upon the express condition - ' that any part, of ,the above described tract .of land which ,may ' not be'dredgq& away in .tho construction of said channel under the Gbvernment f s ,present authorized project, shat. T revert 'to and revest in the grantor herein, so-that its ownership shall. extend to the bank or water f s. edge, when ,.the . channel: dredging under the present Government pro ject is completed; and until the United, States of America or its agents shall enter upon said land for such purposes of excavation, the 'grantor shall retain the right of possession thereof.. - The above grant ,,i s made also upon the express con-_ „ dition that the spoil 'and other material excavated from said channel during -the, .aforesaid enlargement thereof or subsequent maintenance thereof, shall. be deposited, upon the low ground back of the high mounds adjacent to the river on the remainder � of the tract ' of• land owned by the City of Beaumont in the Wil- liam Stephenson League in Orange County, Texas,• out of which the herein right-of way is. conveyed; and the United States- of. America is hereby granted the right,, power and privilege to de" posit said spoil: and other, excavated. materialon the property of the City of Beaumont a's, designated. And said City, .of Beaun.ont-.does hereby: expressly waive and release said United States of America,-.,, its officers, agents, servants and contractors, from any'ana all claims for damages to the land and premises owned:,by it adjacent to said channel, resulting from the construction, improvement and main- tenance of said channel and the deposit of spoil or other dredged material. thereon; this waiver and release` of 'damages being -intended as a continuixig •covenant which shall run with the land- and be. binding .upon the, City of Beaumont. and its. sue- censors in owriersltp of said land. Said City of! Bee,mont hereby covenants and certifies that . it is the true and-lawful owner of said laid and premises, No Text ADDRESS REPLY TO QIST4RICT ENGINEER WAR DEPARTMENT U. S. ENGINEER OMCE GA TEXAS UNITED UNITED STATES ENGINEER OFFICE TEXAS GALVESTON, TEXAS February 27, 1942 Mr. Raymond Edmonds, City Hanager Beaumont, Texas Dear Sir: WHEN REPLYING TO THIS COMMUNI- CATION PLEASE REFER TO P/O/I Receipt is acknowledged of your letter of February 25, 1942, inclosing a deed from the city of Beaumont conveying right- of-way and spoil disposal privilege and also a certified copy of an ordinance passed by the City Commission dated February 17, 1942. Reference is made to your telephone conversation with Mr. Sisson of this office, regarding the first paragraph on page two of the deed which reads as follows: "The above grant is made also upon the express condition that the spoil and other material excavated from said channel during the aforesaid enlargement thereof or subsequent maintenance thereof, shall be deposited upon the low ground back of the high mounds adjacent to the river on the remainder of the tract of land owned by the city of Beaumont in the William Stephenson League -in Orange County, Texas, out of which the herein right of way is conveyed; and the United States of America is hereby granted the right, power and privilege to deposit said spoil and other excavated material on the property of the city of Beaumont as designated.11 You stated that the city of Beaumont wanted all spoil dredged from the channel opposite the city property deposited on land owned by the city and that it was not the intention of the city of Beaumont to require all spoil from the channel to be dredged be deposited on city property. It will be satisfactory to this office to include a provision in the plans and specifications for dredging this section of the waterway that all spoil dredged from the channel downstream from the Kansas City Southern Railway bridge shall be deposited on land owned by the city of Beaumont on the Orange County side of the river in the method described in the deed. For the District Engineer: cc: J'.J'. 4'lheat Beaumont Nay. Dist. Beaumont, Tex. Very7 truly yours, R. B. Gillette, Jr. Principal Engineer THE STATE OF ) OOUNTY OF KNOW ALL MEN BY THESE PRESENTS': That Z (we), of the County of - State -of y 9 for and in consideration of the appropriations made and.,to be made by the Government of the United States of Ameried,,and. of the mntribu— tions of'funds heretofore made by local interests for the construc- tion and subsequent mai nt enance of the ship ' channel. from deep water in the Gulf of Mexico -leading to Port Arthur, Beaumont_. and Orange, Texas, do hereby give and grant to the United States of Ameriaa the right, power and privilege to construct the said ship channel as now planned and approved or may be planned and approved by the United States Engineers in charge of the construction thereof„ through, over and along a parcel of land situated in survey in y, County, ,. said parcel being shown on blue print, file i.._ �, attached hereto and made a part hereof and described by metes and bounds as follows: The right, powet and privilege is also granted to deposit spoil and other excavated material from said channel during any enlargem©nt or subsequent maintenance upon land situated in survey in County, , and more particularly described as follows: �L'Z( .Al ail I (we) do hereby expressly waive and release said United States of America, its officers, agents, servants and contractors from any and all claims for damages to the land and premises owned by me (us) adjacent to said channel resulting from the construction, improvement and maintenance of said channel and the deposit of spoil or other dredged material thereon; this waiver and rAlease of damage being intended as a continuing covenant which shall run With the land and be binding upon me (us) and my (our) successors in ownership of said land. And I (we) hereby covenant and certify that I (we) am (are) the true and lawful owner (owners) of said land and premises, and that I (we) have the legal right to execute this easement, covenant and release from damage liability. I#ITNESS MY HAATD, at this day of A.D., 19 TIE STATE OF ) COUNTY OF ) Before me, the undersigned authority, on this day person- ally appeared , known to me to be the person whose name is subscribed to the foregoing instrument of writing, and acknowledged to me that he (she) executed the same for the pur-o poses and consideration therein expressed. Given under my hand and seal at this day of 19 (Signed) Notary Public in an or County,