HomeMy WebLinkAboutORD 22-CCp�_ , a_ is 0.
AN ORDINANCE
ENTITLED` AN, ORD'ZNANCE AUTHORIZING THE ABANDONMENT
AND .VACATING- OF .:THHT .PORTION .,OF- A SIXTY- (60') FEET
WIDE STREET .AND .;ROAD EASEMENT IN THE, NOAH... TEVIS
SURVEY, WITHIN' THE' -`NORTH AND SOUTH. LIMITS` OF' TRACT
NO. ONE AWARDED -.TO MRS .' - SIBBIE W.' HO11v1ES. -BY THE DE
CREE -IN CAUSE NO. 2883" IN THE. DISTRICT. COURT OF
:J FFERSON COLTNTY; TEXAS; -,ENTITLED CHARLES„-MORGAN VS-'
S.- H. VAN TIIOR'I�IER, ET AL -.,A CERTIFIED COPY OF IHICH
DECREE. IS. "RECORDED IN VOLUME 61', PAGE 555, ET-SEQ.,
OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS, THE
CENTERLINE OF WHICH.STREETAND ROAD EASEMENT. -RUNS
- NORTH AND' SOUTH :PARALLEL TO AND -EIGHT- HUNDRED THIRTY-
FIVE- AND..FIVE'-TENTHS (835 5' )-..FEET EAST .OF ' THE .;WEST.. '
LINE OF •. THE - D `_BRbi-M LEAGUE . . .
WHEREAS',,by 'instrument --dated March 14; 1927, recorded in Vol;=
ume..- 284 Page 212, of the De®d records :of .Jefferson County, Texas,
`Mrs .' Kelly. Mills and.1. 'B. - Mi11s did .decl cate_,..to-''the public :a sixty
(60' )- :f.eet wide.- road-1 easement, which was described in said -instru-
ment as " the_center 1.irie of which ;will run North and,Soizth para-
11el to. 'arid 835.5' -East, of the West, line =of . the D'.:,Brown . Lea
que in
.-the Noah Tevis Survey in. Jefferson County, Texas - -"; and,
WHEREAS.,, the road. easement.- thereby dedicated- was intended to
:_be;: a pa.r,t of -what is .not: known .as Twenty third -Street where said
l�aenty-third Street_ exfends .ever and across that .certain ;tract of -land'
described as .Tract "No. One awarded --,to- .Mrs. ,Sibbie, W. Holmes, by the,:,
-decree in . Cause No.. 2883', in 'the District: Court..of'.Jefferson County,
Texas;`'enti-tled, Charles Morgan vs: S.:H,..Vari Wormer, et al, a certi-
fi:ed ,copy of: which decree is recorded. in Volume 61' Page 555, .et seq.,
of the Deed Records of .Je'ffe'rson County,''"Texas; -but when actually
constructed on. the .ground.,, the centerline -of. said street or. road
easement -was, actually .1.6ca:ted:.approximately -fifty='seven and one -tenth
(57.1') feet .to `the West of the centerline of the road easement de'-
,scri-bed 'in the &hove `.referred to `instrument and further, - -the center-
line of said Tentyhid Streetaslocatd,on the -ground,
runs
North -and South approximately parallel: -to and seven hundred and
_seventy-eight and four -tenths ,(778.4' Y feet- East . of the . West line of
the' Noah. Tevi:s..-Survey.`arid, the East ' line, `of the- H.: Williams League,
as both:_are
.: now,: recognize a; -,and
'
WHEREAS, said road easement as des-cribed;'in the :abov.e: refer-
red to instrument" from, Mrs."Kelly Mills 'and J. B..,'Mi11s has never
actually been used, nor has a road or street been constructed in
keeping with the description of the location thereof as set- forth• in -
said instrument, but Tt,renty-third"Street °was constructed and installed
at -the location as -hereinabove -set forth, ..along what was intended. -to
be: the road easement_ granted. -by the-labove,.;described instrument; and,
TAgEREASo the present -owners of that..portion of the above . re- .
ferred. to Tract:No. One, awarded-to.Mrs'. Sibbie W. Holmes, have
dedicated to -the public ,use a- sixty (60°) feet wide street at the
;location on the ground of; said •Twenty=;third: Street which 'correctly -
locates and corrects, the-. incorrect description' of the location of.:
said street as contained in the. -easement granted by Mrs. Kelly Mills .
and J: B.. Mills, and the City 'of '.Beaumont.,, and -the public, have no
need for two (2) sixty (60'), feet wide streets almost adjacent to
each other, now, therefore, ,
BE IT ORDAINED, BY THE - CITY, OF BEAUMONT, .TEXAS
That that portion of a sixty (60.')..feei wide road easement which lies
within Tract No.- One- awarded. t.o.Mrs. Sibbie W. Holmes by the decree
in Cause. No. -2883, • in the .District Court of Jefferson County, Texas,.
entitled Charles Morgan vs.:S. H. Van Wormer, et -al, a certified copy
of which decree: is 'recorded in Volume 61,' Page. 555P et seq., of the
Dee'd.Records of Jefferson County; Texas, and is described,as-being in
the Noah Tevis Survey, the `centerline' of which street or road easement
will run North and South parallel to and.eight hundred thirty-five
and five-tenths,(835.5') feet East of the West line of the D. Brown
League, in Beaumont, Jefferson 'County;' Texas, and was granted to the
public -by Mrs. Kelly Mills and J. B. Mills by inst-rument dated March
1411927, and recorded in Volume 2844, Page 212, of the Deed Records
of Jefferson County, Texas, and 'containing five hundred nine thou-
Sandths. (.509) .-of an acre of land, more or less, be and the same. is
-hereby, . vacat-ed,-_abandoned--' andclosed, and --that. the title .to such
vacated, abandoned and closed street or road easement shall revert
to and become the property of the parties entitled thereto as pro-
vided by lave.
PASSED by the City Council this the 13th day of January,
A. D. 1959.
Mayor
AN ORDINANCE
ENTITLED AN ORDINANCE ATJ'1'HORIZING `19E ABANDONMENT
AND VACATING OF THAT PORTION OF A SIXTY (60') FEET
WIDE STREET AND ROAD EASEMENrI', IN THE NOAH TEVI3
SURVEY, "WITHIN TTIE NORTH AND SOLMI i LIMITS OF TRACT
NO. ONE AWARDED TG N aka . SIBBIE W . HOLMES BY THE DE-
CREE IN CAVE N0. 28830 IN THE DISTRICT COURT .OF
u EFFERSON COUNTY, TEXAS, ENTITLED CHARLES i�Q:RGAI� VS
S. H. VAN ldoRi4ER ET AL A CERTIFIED COPY OF WHICH
DECREE IS RECORDED IN VOLUME 61, PAGE 555, ET SEQ.,
OF THE DEED REGARDS OF JEFFE16ON COUNTY, TEXAS, T.dE
CENTERLINE Off' WHICH STREET AIM ROAD EASEMENT RUNS
NORTH AND SOUTH PARALLEL .TO AND EIGHT HUNDRED RUNIIRTY-
FIVE AND FIVE -TENTHS (835.5') FEET EAST OF THE dF.ST
LINE OF THE D . BROWN LEAGUE.
FHEREAS, by instrument dated March 14, 19270 recorded in Vol-
ume 284, Page 2120 of the Deed Records of Jefferson County, Texas,
Mrs. Kelly Mills and J. B. Dills did dedicate to the public a sixty
(60') feet wide road easement, which was described in, said instru-
ment as; the center line of which will run North and South
pera-
11®1 to and 835.5' East of the -,West line of .the D. Rrown Leaque in
the Noah Tevis Survey in Jefferson County, Texas, and
'ffUREAS, the road easement thereby dedicated was intended to
be a part of what is now known as Twenty-third Street where said
Twenty-third Street.extends over and across that certain tract of land
described as Tract No. One awarded to Mrs. Sibbie tad. Holmes by the
decree in Cause No. 2883, in the District Court of Jefferson County,
Texas, entitled Charles Morgan vs. S. H. Van Wormer, et al, a certi-
fied copy of which decree is recorded in Voltime 61, Pace 555, at seq.,
of the Dead Records of Jefferson County, Texas; but when actually
constructed on the ground, the centerline of said street or ,road
easement was actually 'Located approximately fifty-seven and one-tenth-
(57.18) feet to the `hest of the centerline of the road easement de�
scribed in. the above referred to instrument and further, the center-
line of said T1,jenty-third Street, as located on the ground, runs
Forth and South approximately parallel to and seven hundred and
seventy-eight and four tenths (778.4') :feet East of the .West line of
the Noah Tevis Survey and the East line of the H. Willi
Q8 both are now recognized; and,
;_
3
WHEREAS, said goad easement as deescribed in the above roter-
red to instruent frasa Ira. Kelly bills and J.. B. bills has never
actually been used, nor has a road or street been constructed in
keeping with the description of the location thereof an set forth in
said instrument, but Twenty®thgrd-'Street was constructed and installed
at than location as hereinabove set forth, along what was intended to
bey the road easement granted by the above described instrument; and,
WHEREAS, the present owners of that portion of the above re-
ferred to Tract No. One, awarded to Mrs. Sibbie W. Holmes, have
dedicated to the public use a sixty (60') feet wide street at the
location on the ground of said Twenty-third Street which correctly
locates and corrects the incorrect description of the location of
said street as contained in the easement granted by Mrs. Kelly Kills
and J. B. Mills, and the City of Beaumont and the public have no
need for two (2) sixty (60') feet wide streets almost adjacent to
each other, now, therefore,
BE IT ORDAINED BY THE CITY OF BEAUMNT, TES s
That that portion of a sixty (604) feet wide road easement which lios
within Tract No. One awarded to Mrs. Sibbias W. Holmes by the decree
in Cause No. 28830 in the District Court of ,Jefferson County, Texas,
entitled Charles Morgan vs. S. H. Van Wormer, at salt a certified copy
of which decree is recorded in Volume 61, Page 555, at seq., of the
Deed Records of Jefferson County, Texas, and is described as being in
the Noah Tevis Survey, the centerline of which street or toed easement
will run North and South parallel to and eight hundred thirty-five
and five -tenths (855.5') feet East of the Went line of the D. Brown `
_ League, in Beaumont, Jefferson County, Texas, and was granted to the'
publics by Mrs. Kelly Mills and J. B. Mills by instrument dated March
14, 1227, and recorded in Volume 284, Page 212, of the Deed.Records
of Jefferson County, Texas, and containing five hundred nine thou-
asandthe (.509) of an acre of land, more or less, be and the sasaae is
hrriby, vacated, abandoned and closed, and that the title to aauch
.. Yi -`�� nu��`;1,. � :d .k,.l:..in. :.., i _ _ _ >o.r•.s::.z. -n °�,� A
vacates, abandoned and closed street or d easement zhall revert
to and become the projperty of the parties entitled thereto as pro-
vided by law.
PASSED by the City Council this the L"b day of Jan"ry,
A. D. 1959.
Mayor
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