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Home My WebLink AboutRES 09-201 RESOLUTION NO. 09-201 WHEREAS, an agreement has been negotiated for the acquisition of property as shown below for the Downtown Event Center and Lake Park: City Plat E, Tract 47, Noah Tevis Survey Value: $54,000.00 Owners: Tideland Specialty, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the above-described property be, and the same is hereby, approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. - Mayor Becky Ames - •a s s DD 2009034437 4 PGS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THE INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That Tideland Specialty, Ltd., a Texas limited partnership, hereinafter called "Grantor," (whether one or more) in consideration of the sum of Ten Dollars ($10) and other good and valuable consideration to Grantor in hand paid by the City of Beaumont, a municipal corporation located in Jefferson County, Texas, hereinafter called "Grantee," whether one or more, the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee, all that certain property situated in the County of Jefferson, State of Texas, described as follows, to-wit: That certain real property more fully described in Exhibit "A", attached hereto and made a part hereof by this reference (hereinafter sometimes called the "Property"). This conveyance is made subject to the following: (1) all restrictions, easements, covenants, conditions and prior conveyances and reservations of minerals and royalties of record in the Office of the County Clerk of Jefferson County, Texas, to the extent they are still in effect and relate to the Property; (2) taxes on the Property for 2009 and subsequent years not yet due and payable; and (3) all zoning laws, regulations and ordinances of municipal and other governmental authorities, if any,but only to the extent that they are still in effect, relating to the Property. Grantor has executed and delivered this Special Warranty Deed and has granted, bargained, sold, and conveyed the Property to Grantee, and Grantee has received and accepted this Special Warranty Deed and has purchased, received, and, accepted the Property, ON AN AS-IS, WHERE IS BASIS, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY REVOKE, RELEASE, NEGATE, AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO (1) THE CONDITION OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO SUITABILITY FOR DOCS-4702225-vl-Tideland_-_City_of Beaumont__Special_War anty_Deed I HABITATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE; (ii) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN OR ENGINEERING OF ANY IMPROVEMENTS WHICH ARE PART OF THE PROPERTY OR WHICH SERVE THE PROPERTY (the "IMPROVEMENTS"); (iii)THE QUALITY OF THE LABOR OR MATERIAL INCLUDED IN THE IMPROVEMENTS; (iv) THE SOIL CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES OR OTHER CONDITIONS WHICH AFFECT THE PROPERTY; (v) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, USE, DEVELOPMENT POTENTIAL, PURPOSE OR OTHER CHARACTERISTIC CONCERNING OR RELATING TO THE PROPERTY; (v) ANY FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENTAL POTENTIAL, CASH FLOW, OR OTHERWISE; (vi) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY; (vii) ANY ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL, STRUCTURAL OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY; AND (viii) ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY GRANTOR WHATSOEVER, EXCEPT SOLELY THE SPECIAL WARRANTY OF TITLE EXPRESSLY SET FORTH IN THIS DEED CONVEYING THE PROPERTY TO GRANTEE. TO HAVE AND TO HOLD, the Property, together with all rights, hereditaments and appurtenances thereto belonging, unto Grantee, its successors, and assigns forever. And Grantor does hereby bind itself, its successors, heirs, and personal representatives to WARRANT AND FOREVER DEFEND the title to the Property unto Grantee, its successors, 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 the 3 day of �(, 2009. GRANTOR: TIDELAND SPECIALTY, LTD., a Texas limited partnership By: CG Tideland, L.L.C., a Texas limited liabilit co any, a general martner By: zi arles J. glio, Its Presi nt GRANTEE'S MAILING ADDRESS: P. O. Box 3827 Beaumont, TX 77704-3827 DOCS-#702225-vl-Tideland__City_of Beaumont_-_Special_Wartanty_Deed 2 STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this 2 day of � *,, 2009, by Charles J. Giglio, President of CG Tideland, L.L.C., a Texas limited liability company, general partner on behalf of Tidelands Specialty, Ltd., a Texas limited partners 'p. C" ♦♦++a+++o++oeeee�eee+eeee+eeeeee�t otary Publi St of Texas TAMMY WILLIAMS NOTARY PUBLIC STATE OF TEXAS My Comm. Expires 11/212009 • 'eee00000000®000e00000+oo+o�+eeeee�t C" C DOCS-#702225-vl-Tideland__City_of Beaumont=_Specia1_W—nty_Deed 3 Exhibit "A" BEING a 0.456 acre tract of land out of and a part of that certain Tideland Specialty, Ltd. called 11.4488 acre tract of land, more fully described and recorded in Clerk's File No. 2002046131 of the Official Public Records of Jefferson County, Texas. Said 0.456 acre tract of land being situated in the Noah Tevis League, Abstract No. 52,Jefferson County,Texas, and being more particularly described as follows: COMMENCING at a % inch iron rod found at an Ell corner of said 11.4488 acre tract, same being the Southwest corner of that certain TARM Properties, L.L.C. called 1.210 acre tract of land, more fully described as Tract 2 recorded in Clerk's File No. 2005038589 of said Official Public Records; THENCE North 69 deg. 07 min. 36 sec. East along and with the most Southerly North line of said 11.4488 acre tract, same being the South line of said 1.210 acre tract, a distance of 316.72 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set at the Northwest corner and PLACE OF BEGINNING of the tract of land herein described; THENCE North 69 deg. 07 min. 36 sec. East continuing along and with the most Southerly North line of said 11.4488 acre tract, same being the South line of said 1.210 acre tract, at a distance of 21.45 feet pass a %: inch iron rod found at the Southeast corner of said 1.210 acre tract, same being the Southwest corner of that certain TARM Properties, L.L.C. tract of land, more fully described as Tract 1 recorded in said Clerk's File No. 2005038589 and continue on a total distance of 80.98 feet to a 5/8 inch iron rod with cap stamped 'WORTECH SURVEYORS" set for corner; THENCE in a Southerly direction along and with a non-tangent curve to the left, having a delta angle of 41 deg. 18 min. 54 sec., a radius of 385.00 feet, a long chord that bears South 08 deg. 26 min. 32 sec. East, a distance of 271.64 feet and an arc length of 277.62 feet to a 5/8 inch iron rod with cap stamped 'WORTECH SURVEYORS" set for corner in the South line of said 11.4488 acre tract, same being the North line of that certain City of Beaumont tract of land, more fully described and recorded in Clerk's File No. 2008007014 of said Official Public Records; THENCE South 55 deg. 24 min. 19 sec. West along and with the South line of said 11.4488 acre tract, same being the North line of said City of Beaumont tract, a distance of 70.27 feet to a 5/8 inch iron rod with cap stamped 'WORTECH SURVEYORS" set for corner; THENCE in a Northerly direction along and with a non-tangent curve to the right, having a delta angle of 36 deg. 35 min. 11 sec., a radius of 455.00 feet, a long chord that bears North 11 deg. 39 min. 14 sec. West, a distance of 285.63 feet and an arc length of 290.54 feet to the PLACE OF BEGINNING, containing 0.456 acre of land, more or less. FILED AND RECORDED OFFICIAL PUBLIC RECORDS e� �� 2009 SOP 04, 01:56 PM 2009034437 JAMES: $28.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS