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HomeMy WebLinkAboutRES 84 ZZA O LIZZ A R E S 0 L U T I 0 N d-. WHEREAS, a resolution was passed by the City Council on the 10th day of November, 1970, authorizing the City Manager to execute an instrument rescinding a permit to the Department of the Navy; and, WHEREAS, the Department of the Navy has requested the execution of its own instrument in lieu of the instrument of Rescission previously authorized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the Mayor.be, and he is hereby, authorized to execute an instrument of Special Release to the Department of the Navy, and the purposes for the execution of that resolution as recited by the City Council on the 10th day of November, 1970, are incorporated by reference herein as fully and completely as if copied verbatim. PASSED by the City Council this the 29th day of December, 1970. - Mayor - INTER-OFFICE MEMORANDUM � � /-2 CITY OF BEAUMONT, TEXAS Date December 31, 19701 T9,;,­.'., Jim Garrard, City Clerk • . From: Lavon L.. Jones, Assistant City' Attorney Subject: Release of Navy Wharf COMMENT: Please execute and return the original and two copies of''the enclosed Special Release to me. The fourth copy should be retained for your files. Also, will you please return with said copies a certified copy of the resolution passed December. 29th authorizing execution of the said instrument. That certified copy will be mailed to the Department of the Navy' along with the executed Special Release. ''Lavon L. Jon% 'Assistant ity�Attorney ±� LLJ/gh SPECIAL RELEASE UNDER, PERMIT NO 1VOy(R)-47235_ _ KNOW ALL MEN BY'':THESE . PRESENTS; `th t WHEREAS, by permit dated `the 10th day of;; Septemlaer ] 952 , "and bearing Number .1VOy(R)-4M5, the, City '°of . Beddmont, Texas,.; ..whose address- is Beau mont., Texas, as Permitter,_ 'permitted- to :the tirited_.States of•.America, ,as, Permittee;- premises:, A strip -of- land 100 feet long _and g0. feet wide, lying between Riverside .Drive, which' is .an. extension .of ,_Orleans' Street, Beaumont, Texas, and the water's edge of the Old-Neches.•River,.containing 0; 21 acres, .more or less,, and being 'opposite the`. location ,of the - Naval ,Reserve Mooring Facility in. the City ,of..Beaumont:; -of .the State of Texas; -along with, the right .to. attach_ 'to; the', land at ,the, water's edge such structures -or ..fixtures as may be,necessary in connection. ". with the mooring facility or wharf - WHEREAS, The United : S Cates of ' America; - no :longer requires- the use of. said premises. The undersigned, the Permitter, under said :permit; for .and in consider- ation' 'of. ,the `surrender. of .said premises,:, together with any and all rights and improvements -constructed. -by the -Government on the premises, including the mooring dolphins and timber wharf under Permit _W -N -243-410i1934, .issued 'by .the Department of the -'Army to *the .Co_mmandant,` EighthNaval District, - _ ..3 November 1952-, injieu `of removal,, the, receipt and -:-possession `of- which is hereby -.acknowledged and accepted, has remised'; released and forever discharged, .and`by.these.presents does for its succe-ssors and -assigns, remise, -release and. -forever `discharge: the :United -States -of- America,- its officers, 'agents; and employee's,, of and, from --all manner of action, claim or .demands- -against the- LJrzited States. of America,: its ;officers, agents and :employees,; the.: undersigned ever had, now- has • or ever.. will have ,upon, , or _ ..- by_reason- of any --matter., cause or thing.Whatsoever:arising-out.of'said permit° or =the .occupancy. by the United States:-ofAmerica of said- premises. or - the .use . of aiiy property ther`eori. IN WITNESS W$EREOF;._the- undersigned has' signed and sealed these %presents -or caused these- presents to .be :ex0cuted_by its duly author' ed' officers ,and its:. sealto be affixed -Hereto: this day of p�i1 ,;19�7� WITNESS :... CITY OF BEAUMON , ',TEXAS, IV 'CORPORATE CERTg'rCATTON _: " . _ Jas.. T Garrard -certify that I.'am the. C ItY7 ,ler of. the, municipal: corporation named 'a Permitter _ in the above :Special Release to ' ;the Permit; that_ - Ken Ritter. :; = ;,. who signed the. said Special- Release ori behalf of the Permitter,. was then. Mayor of said, municipal.'ebrporation; that -said Special Release was duly signed. for. and 'in behalf of. said municipal, corpora- tion by:authority of its governing body, and is.within'the scope,of its corporate powers: _ Name (C.ORPORATE SEAL) City Clerk _ ._ Title