HomeMy WebLinkAboutORD 64-CC3-
4
AN ORDINANCE
ENTITLED AN ORDINANCE AUTHORIZING THE PROPER OFFI-
CIALS OF THE CITY OF BEAUMONT TO EXECUTE AND DELIVER
FOR AND ON BEHALF OF THE CITY OF BEAUMONT A QUIT-
CLAIM DEED CONVEYING THE SOUTH NINETY. -FIVE (95) FEET �
OF LOT 12, BLOCK 14 OF GULF TERRACE ADDITION TO THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, THE SOUTH
LINE OF SAID PORTION BEING THE SOUTH LINE OF SAID
LOT 12, IN ORDER THAT THE CLOUD ON THE TITLE OF GULF
BUILDING AND LOAN COMPANY BE REMOVED FROM THIS POR-
TION OF THE SAID LOT.
WHEREAS, by deed dated August 21, 1931, recorded in Volume
360, Page 37 of the Deed Records of Jefferson County, Texas, Gulf
Building and Loan Company granted, sold and conveyed to The City of
Beaumont a right of way for street or road purposes, over and upon
Lot Twelve (12) in Block Fourteen (14) of Gulf Terrace Addition to
The City of Beaumont, Jefferson County, Texas, subject to the terms
and provisions set out in said instrument, to wit:
and,
"And it is expressly understood that the Grantee herein
shall grade and shell for street or road purposes, the
right of way herein granted and construct a bridge over
the fresh water canal adjoining the same within a reason»
able time from the date hereof, and that said right of
way shall be used as an entrance to the Municipal Airport
property, and it is also expressly understood that should
the grantee or the public for whose benefit this grant is
made, abandon the use of the right of way herein granted
and cease to use the same for street or road purposes, or
fail to grade same or construct a bridge as stipulated
herein or use said right of way as an entrance to the
Municipal Airport, then the said right of way shall revert
to the grantor or its successors, legal representatives
or assigns and this deed shall become null and void";
WHEREAS, The City of Beaumont has not complied with'any of
the provisions of said deed, and does not intend the use of said lot
for any purpose for which said right of way was granted, and the
grantor has requested that The City of Beaumont give a quitclaim deed
to a portion of said lot, being the south ninety. -five (95) feet of
Lot 12, Block 14 of Gulf Terrace Addition to The City of Beaumont,
Jefferson County, Texas, the south line of said portion being the
south line of said Lot 12, in order that the cloud on the title of
Gulf Building and Loan Company be removed from this portion of the
said lot;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT,
TEXAS:
That Jimmie P. Cokinos, Mayor, be, and he is hereby, authorized to
execute and deliver for and on behalf of The City of Beaumont a
quitclaim deed to Gulf Building and Loan Company, conveying all of
the City's right, title and interest in and to the hereinafter de --
scribed property:
Being the south ninety-five (95) feet of Lot 12, Block
14 of Gulf Terrace Addition to The City of Beaumont,
Jefferson County, Texas, the south line being the south
line of said Lot 12; the said tract being more particu-
larly described by metes and bounds as follows:
Beginning at the southeast corner of said Lot 12, Block
14 of Gulf Terrace Addition, said point also being the
northeast corner of tot 13, Block 14;
Thence north along the east line of said Lot 12 ninety-
five (95) feet to corner, said point being five (5)
feet south of the northeast corner of said Lot 12;
Thence west along a line parallel with and five (5) feet
distant from the north line of said Lot 12 one hundred
forty (140) feet to corner in the west line of said Lot
12;
Thence south along the west line of said Lot 12 ninety: -
five (95) feet to the.southwest corner of said Lot 12,
said point also being the northwest corner of Lot 13;
Thence east along the south line of said Lot 12 or the
north line of said Lot 13 one hundred forty (140) feet
to the place of beginning; -
and the City Clerk is hereby authorized to attest to said instrument
and to affix the seal of The City of Beaumont thereto.
PASSED by the City Council this ! day of 411r1Cf ,
A. D. 1960.
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- Mayor -
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HARLAND BARTHOLOMEW AND ASSOCIATES
CITY PLANNERS - CIVIL ENGINEERS - LANDSCAPE ARCHITECTS
317 NORTH ELEVENTH STREET
SAINT LOUIS 1.MISSOURI
HARLAND BARTHOLOMEW ASSOCIATES
RUSSELL H. RILEY GAIELI-2107 CLAIRE AVIS ROBERT B. JONES
RFo
HARRY W. ALEXANDER ` CHARLES P. CLAYTON J. ROBERT MOORE
ELDRIDONADGE H.
WOLB CE February 23, 1 60 ERNEST W. COMBS J. STIEV STEVENS
ROBINSONDONALD H. WOLBRINK �
WILLIAM S. POLLARD, JR. J. WOOD
Mr. James T. Garrard
City Manager
City of Beaumont
Beaumont, Texas
Dear Vx. Garrard:
The request to abandon Lot 12, Block 14, Gulf Terrace
Addition, has been referred to me for comment.
The major street plan, adopted by the City Council
on July 7,.1959, does not contemplate the use of this lot for
future street improvements. The lot is not in alignment with
any other dedicated street right-of-way® Although the lot is
nearly adjacent to the Municipal Airport, the extension would
require the bridging of the LNVA Canal on the west boundary of
the lot.
For these reasons it is nV opinion that the abandoning
of Lot 12, Block 14, Gulf Terrace Addition, will reduce the cost
of construction and maintenance of streets in the future and this
lot will not be needed for future street purposes.
Yours very truly,
Thomas A. Campbell
Resident City Planner
INTER -OFFICE MEMORANDUM
CITY OF BEAUMONT, TEXAS
Date: February 14, 1960
To: Mr. Jas. T. Garrard, Acting City Manager
From: Anthony G. Brocato, Assistant City Attorney
Subject: Subject: Request for quitclaim of Lot 12, Block 14 of Gulf
Terrace Addition by COMMENT The City of Beaumont.
Attached is an Ordinance authorizing the Mayor to
execute a quitclaim deed to the south 95 feet of Lot 12, Block
14 of Gulf Terrace Addition. Also attached is the Quitclaim
Deed to this portion of tot 12.
As I said in our conversation this morning, Mr. Hugh
Cunningham, attorney for Gulf Building and Loan Company, has
requested this action in order to remove the cloud from Gulf
Building & Loan Company's title to this portion of Lot 12.
Since the City never complied with any of the conditions in
the right of way grant of August 31, 19313 it is my opinion
that the City has no legal title to the lot. Of course, only
a lawsuit by Gulf Building & Loan could establish this fact of
record unless the City quitclaims the lot.
The lot is actually 100 feet wide and Mr. Cunningham
informs me that his client will grant a utility easement across
the remaining -five feet.. This is agreeable to the two utility
companies now using that five. -foot strip for their lines.
I would further inform you that Mr. Martin does not
recommend the quitclaim of the south 95 feet of Lot 12.
Anthony G. Brocato
Assistant City Attorney
AGB:h
W.
THE STATE - OF -'TEXAS '
COUNTY OF.JBFFERSON
: WHEREAS,;-- by deed dated August 21, •1931, recorded in Volume. ,
360, Page 37,. of the Deed -Records of Jefferson: County, Texas, Gulf
Building and Loan'Company granted, -sold And conveyed to.The City of
Beaumont_a-right of -.way for 'street or road purposes, over and upon
Lot Twelve ' (12) in -'Block- Fourteen (14) of, :-Gulf : Terrace Addition to
The City of Beaumont, Jefferson --'County, Texas, subject to; the -terms
and 'provisions •'set out In; said instrument,_ .to, wit —. ;
"And it is expressly underiatooii` that the Grantee herein
shall ,trade., and': shell . for, -' street` or road purposes,. -the.'
,
right. of way herein' granted and construct a bridge over .
the '.fr6sh. water: canal adjoining the 'same within.-ar reason-
-able. time,- -.from the, date hereof, and that. ,said -'right of
WAY, ,shall. be u$ed as an entrance ta'the."Municipal Airport,
property; and it'is.also -expressly understood that should
the grantee or .the :public- for whose , benefit- ' this , grant is
made, abandon th-e use of the. r"i'ght, of way: herein .granted '
and ce.as,e.,to -use .the same for. street or..., -road -p4r'poses-,'- or
f ail ' to ,grade same or. construct a' brldge ,.as' stipulated.
Herein or' . use said -right of way as -an entrance to . the
Municipal Airport; then the said right of- way .shall revert,
to the grantoir;or its, successors,.legal representatives
or assigns and this deed ' shall- become, null and void. It;
And,, . .
. WHEREAS,, The City of Beaumont has 'not complied with ,any . of .
the provisions of said ,d'eed' "arid does -not. ind' ten: the. use of said
for any' purpose for which'aaid _,r ght.'..Ot- way" -was granted,' and the -
grantor has.. requested that The, .City 'of -Beaumont give 'a _quitclaim' deed
to " a.. portion of" saidlot',r being the ,�soutl , ,ninety-five '(9$-) `feet of
.:Lot .12, : Block .14of ..Gulf. Terrace Addition -ton The .'City of Beaumont,
Jefferson County;.:. Texas., the:,;south;1ine..,of said in :portion 'beg the
south line, of . said Lot 12 � in order that the cloud: on the':title of
'Gulf.- Building and: Loan Company :be'removed "from this .portion. of the
said .lot; .-
NOW,.THEREFORE, KNOW ALL. -MEN -BY THESE PRESENTSs That for and
in consideration of the, premise, s ,O The City _ o'f . Beaumont, a municipal
corporation , of : Jefferson - County, . Texas,'. acting by., and through its duly.
authorized .officers,, does, by .these' presonts bargain, -sell' Drelea.ee: and.
,: forever .quitclaim 'unto the said`.,Gulf Building.. and Loan Company, . `a
P of C 4C,
corporation created under the laws of -the State of Texas and domi
cited in the County of Jefferson, State of Texas, the following
described land, to wit:
Being the south ninety-five (95) feet of Lot 12, Block
14 of Gulf Terrace Addition to The City of Beaumont,
Jefferson County, Texas, -the south line'being the south
line of said Jot 12; the said tract being more -particu-
larly described by -metes and bounds as follows':
Beginning at the -southeast corner of said Lot 12' Block
14 of Gulf Terrace Addition, said point also being the,'
northeast corner of Lot 13,, Block 14;
Thence north along the -.east line of said Lot 12 ninety-
' five. (95) feet to corner, said point being five. (5)'
feet south of th'o northeast corner of said Lot 12'
Thence west along, a ',line ' parallel with and five •(5) feet
distant from the north line of said'Lot 12 one hundred
forty -(140) feet to corner in the west'line of said Lot
12;
Thence south along the, west line of said Lot. 12 ninety-
five (95) feet to the southwest_corner of said Lot 12,
-said point also being the northwest corner of Lot 13;
Thence east along the -south line of said Lot 12 or the
north line of said Lot 13 one hundred forty (140) feet
to the place'of.beginning.
TO -HAVE AND TO HOLD the said premises, together with all,and
singular the rights, iprivilegesi and 'appurtenances thereto in any man..
ner belonging unto the said Gulf Building and LoFan'Company, its sue-.
cessors and assigns forever, so that the grantor herein, nor any per-
'son,or,persons claiming under it, shall at any time .hereafter have,.
claim or.demand•any'right.or title to the aforesaid premises'or ap-
purtenances, ' 'or any part, thereof.
IN TESTIMONY WHEREOF, The City of Beaumont has caused this
instrument. to be•executed by its Mayor, thereunto duly authorized,
and its seal affixed hereto by, its City, Clerk-, .this day of
A. D. 1960....,
THE CITY OF BEAUMONT. TEXAS
ATTESTo :By,
Mayor
City Clerk
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