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HomeMy WebLinkAboutRES 84-283 R E S O L_U T I O N WHEREAS, an agreement has been negotiated for the purchase of two parcels of land needed for the Crockett Connector project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following parcels of land are hereby approved: Parcel 7 - A 35,912.80 square foot tract of land out of the Noah Tevis Survey Value: $161 ,606. 43 Owner: First City National Bank of Beaumont Parcel 12 - A 5 ,294. 28 square foot tract of land out of Lots 92 , 93 and 94 of Block 15 of the Original Townsite of Beaumont Value: $41,932 Owner: First City National Bank of Beaumont BE IT FURTHER RESOLVED that the City Manager be, and he is hereby , authorized to enter into a license agreement, in the form attached hereto as Exhibit "A" , with First City National Bank of Beaumont for the continued use of the area by the bank for parking purposes until needed by the city. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - THE STATE OF TEXAS X COUNTY OF JEFNERSON X THIS LICENSE, made this day of 1984, between THE CITY OF BEAUMONT, a municipal corporation acting herein by its City Manager, hereunto duly authorized, hereinafter called "Licensor", and First City National Bank of Beaumont, acting herein by hereinafter called "Licensee." W I T N E S S E T H: That the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to use and maintain a parking area, and other improvements on a 3,517.,34 square foot tract of land on the corner of Crockett and Main Streets, as illustrated in the attached Exhibit A until such time it becomes necessary for Licensor to regain possession for widening of Crockett Street. t 2. In consideration for this agreement, the Licensee shall pay to Licensor the sum of Ten dollars ($10.00) and other good and valuable consideration. 3. Licensee shall, at all times, indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur, or become liable for, resulting in any manner from the use, state of repair, or presence of the parking area. 4. Licensor, and any franchised utilities or services of the Licensor, reserve the right to make any improvements of the right-of-way premises covered by this license. In doing so, Licensor, and franchised utilities or services of the Licensor, shall not be liable to Licensee for any damage occasioned to the parking area, and Licensee shall not be entitled to prosecute or maintain a claim against Licensor, or any franchised utilities or services of the Licensor, for any such damaged sustained by the parking area. Exhibit "All 5. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Any notice, re- quests, instructions or revocation of this license to be given as provided herein shall be deemed to be properly served if the same be delivered to Licensee or Licensor or if deposited in the post office, postpaid, addressed to Licensee or Licensor at Beaumont, Texas. Such notice shall be given not less than thirty (30) days prior to the term- ination date therein specified 6. All the covenants and provisions of this instrument shall be binding upon and ensure to the benefit of the successors, legal representatives, and assigns of the parties to the same extent and effect as the same are binding upon and ensure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives, or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year above written. THE CITY OF BEAUMONT By: City Manager ATTEST: City Clerk LICENSOR FIRST CITY NATIONAL BANK OF BEAUMONT By: ATTEST: LICENSEE r EXHIBIT A CROCKETT CONNECTOR Right-of-Way Tract No. 12 Suggested Description: "A 3,517.34 square foot tract of land being a portion of Lots 92, 93 and 94, Block 15 of the Original Townsite of Beaumont, in the Noah Tevis Survey, Ab. 52, Jefferson County, Texas, and being more particularly described by metes and bounds as follows, to wit; For the PLACE OF BEGINNING, the intersection of the Southeasterly line of existing Crockett St. Right-of-Way, (61.11 ft. wide) with the Southwesterly line of existing Main St. Right-of-Way, (61.11 ft. wide) said point being also the most Northerly corner of Lot 94, Block 15 of the aforementioned subdivision; Thence South 40 028'15" East along said Southwesterly line of Main St. and the Northeasterly line of said Lot 94, 33.90 feet to a 1/2" iron rod set for corner; Thence North 86°11'05" West, 21.48 feet to an iron rod set for corner marking the new Southeasterly line of a proposed 80.00 foot Right-of-Way on Crockett St. ; Thence South 49 031'30" West along said proposed Right-of-Way line 164.62 feet to a 1/2" iron rod set for corner in the common line between Lots 91 and 92, Block 15 of the aforementioned subdivision; Thence North 40 028'15" West along said common line 18.90 feet to a point for corner in the existing Southeasterly Right-of-Way line (61.11 ft. wide) of Crockett St., also in the Northwesterly line of said Block 15; Thence North 49°31'30" East along said existing Right-of-Way line 180.00 feet to the PLACE OF BEGINNING of the herein described tract of land, containing 3,517.34 square feet, more or less."