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HomeMy WebLinkAboutRES 90-256 2 R E S O L U T I O N THAT the City Manager be, and he is hereby authorized to execute a Special Warranty Deed with Retained Water and Sanitary Sewer Easement to William R. Cousins, III and Virginia Carol Cousins substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont on this the /.� day of � � , 1990. CX- - Mayor ,Pro Tem - 9e- it SPECIAL WARRANTY DEED WITH RETAINED WATER AND SANITARY SEWER EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF ORANGE § That the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, (hereinafter referred to as "Grantor") obtained an easement for a fresh water canal in Orange County, Texas, which such easement crosses property presently owned by William R. Cousins, III, and Virginia Carol Cousins, of the County of Dallas, State of Texas, (hereinafter referred to jointly as "Grantees"); and WHEREAS, such easement contained language requiring the City of Beaumont to construct a bridge on the property at the request of the Grantees herein; and WHEREAS, said easement also contained language which made it unclear whether the instrument was an easement or a deed conveying some interest in the real property other than the right to maintain, construct, operate and remove water lines and open water canals on the property; and WHEREAS, the Grantees are willing to relinquish their right to have a bridge constructed by the City in return for execution by the City of this Special Warranty Deed clearing title to the property subject to a retained water and sanitary sewer easement; THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and the release by the Grantees of the requirement that the City construct a bridge on the below described property, the receipt and sufficiency of which consideration is hereby acknowledged, Exhibit "A" the Grantor has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto the Grantees all the following described real property in Orange County, Texas, to wit: Beginning at a point on the North boundary line of the herein described 10 acre Lemoine tract, said line also being the South boundary line of a 4 acre tract owned by Kirby Lumber Company, said point being located on the East edge of the county road pavement, said county road being known as the Four Oaks Ranch Road, and approximately 120 feet East of the Northwest corner of said 10 acre tract, a 10 inch pine bears South 77 Degrees West 50 feet; THENCE South 12 Degrees West a distance of 86 feet, along with and parallel to the East edge of said county road, to a point; THENCE South 79 Degrees East a distance of 115 feet to a point; THENCE North 27 Degrees East a distance of 167 feet to a point on the North boundary line of the 10 acre tract, also being the South boundary line of the 4 acre Kirby Lumber Co. tract; THENCE South 77 Degrees West with the North boundary line of the said 10 acre tract, at approximately 58 feet a fence corner post from which a dead 24 inch diameter pine tree bears North 40 Degrees West 5 feet, and at approximately 97 feet the approximate centerline of the City of Beaumont water canal, known as the Wiess Canal, at 175.5 feet total distance to the POINT OF BEGINNING, containing .369 acres of land, more or less. Bearings are indicated, not corrected for declination. The above being a parcel of land out of the northwest corner of a part of a 10 acre tract in the Pinckney Lout Survey, Abstract 17, Orange County, Texas, said 10 acre tract being the same parcel described in a Deed from Maxine Gardner to Marvin James Lemoine, Jr., dated April 22, 1983, and recorded at Volume 562, Page 381, Deed Records of Orange County, Texas. - 2 - it Save and excepting that Grantor, its successors and assigns, shall retain a water and sanitary sewer easement under, over, in and across with the right to lay, maintain, construct, operate and remove water lines and to operate and construct open water canals together with all and singular the rights and appurtenances thereto belonging, for the purpose herein set forth, on the property. It is expressly understood and agreed that the Grantor shall have the right to ingress to and egress from the property and the use of the same for the purposes aforesaid and give the Grantor the right and privilege to improve, maintain and operate the same as permitted by law. As additional consideration, Grantees specifically renounce any claim they have as successors in interest or otherwise, against Grantor pursuant to a certain deed executed on the 15th day of March, 1935, between E. P. Baird, as Grantor, and the City of Beaumont as Grantee; recorded'in Volume 55, Page 551 of the Deed Records of Orange County, Texas, including, but not limited to, the right pursuant to that instrument to have the City of Beaumont erect one or more bridges to provide egress to the property upon the construction of an open water canal on said land. TO HAVE AND TO HOLD the above described property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees, Grantees' successors and assigns forever; and Grantor does hereby bind itself, its assigns and successors to WARRANT AND FOREVER DEFEND all and singular the said property unto - 3 - the said Grantees, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim, the same, or any part thereof, by through or under Grantor but not otherwise. EXECUTED this day of , a.d., 1990. CITY OF BEAUMONT WILLIAM R. COUSINS, III VIRGINIA CAROL COUSINS ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared RAY A. RILEY, City Manager of the City of Beaumont, Texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of said municipal corporation. GIVEN UNDER BY HAND AND SEAL OF OFFICE this day of 1990. Notary Public in and for the State of Texas - 4 - STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM R. COUSINS, III, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER BY HAND AND SEAL OF OFFICE this day of 1990. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF - § BEFORE ME, the undersigned authority, on this day personally appeared VIRGINIA CAROL COUSINS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER BY HAND AND SEAL OF OFFICE this day of 1990. Notary Public in and for the State of Texas - 5 -