HomeMy WebLinkAboutRES 12-294 RESOLUTION NO. 12-294
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Special Warranty
Deed, substantially in the form attached hereto as Exhibit "A," conveying unimproved
House Road right-of-way property, as described in Exhibit "B" and shown on Exhibit "C,"
attached hereto and made a part hereof, to Legacy Community Development Corporation
as part of the Neighborhood Revitalization Project for the construction of affordable
housing.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
December, 2012.
Mayor Becky Ames -
' 11
i If
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
THAT,the CITY OF BEAUMONT, a municipal corporation domiciled in the County
of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the
sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the LEGACY
COMMUNITY DEVELOPMENT CORPORATION, a Texas Non-Profit Corporation,
hereinafter called GRANTEE, of the County of Jefferson, State of Texas, whose address is
620 Pearl, Beaumont, Texas 77701, all that certain tract or parcel of land in the County of
Jefferson, Texas, described in Exhibit "A", attached hereto and made a part hereof for all
purposes(the"Property").
GRANTEE covenants and agrees that the property described above shall be used for
the purpose of providing decent, safe, sanitary and affordable housing units for low to
moderate income families. If GRANTEE fails to use the property for the stated purpose, title
to the property shall automatically revert to GRANTOR and GRANTEE will execute a
Special Warranty Deed to GRANTOR and file such deed of record in the Deed Records of
Jefferson County, Texas. In the event GRANTEE at any time breaches the foregoing
restrictive covenants, GRANTOR shall have the right to demand a reversion of the property
EXHIBIT"A"
to GRANTOR, and GRANTEE agrees to execute a Special Warranty Deed in favor of
GRANTOR upon written request of GRANTOR.
GRANTEE understands and agrees that should GRANTEE become defunct or
insolvent and at any time fails to use the "Property" in the manner of providing affordable
housing,the "Property" shall automatically revert to the GRANTOR as provided herein.
This conveyance is subject to any restrictive covenants, outstanding mineral interests
and easements affecting the property above described.
TO HAVE AND TO HOLD the above described premises together with all and
singular the rights and appurtenances thereto and in any wise belonging, unto the said
GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds
itself and its successors and assigns to warrant and forever defend all and singular the said
premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every
person whomsoever lawfully claiming or to claim all or any part of the property, subject to
the provisions stated above, when the claim is by, through, or under GRANTOR but not
otherwise.
EXECUTED this the day of ,2012.
THE CI'T'Y OF BEAUMONT
By:
Kyle Hayes, City Manager
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this day of ,
2012, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on
behalf of said City of Beaumont.
Notary Public, State of Texas
RETURN TO: CITY OF BEAUMONT
Antoinette Hardy
P. O. Box 3827
Beaumont,TX 77704
EXHIBIT "A"
Legal Description: 0.3024 Acre Tract or Parcel of Land
Out of and Part of House Road Right-of-Way
Suburban Acres,Unit Two
Volume 7, Page 193,Map Records
W.B. Dyches League, Abstract No. 17
Beaumont, Jefferson County,Texas
BEING a 0.3024 acre tract or parcel of land situated in the W.B. Dyches League, Abstract No.
17, Jefferson County, Texas and being out of and part of the House Road right-of-way as
recorded on the final plat of Suburban Acres, Unit Two, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 7, Page 193, Map
Records, Jefferson County, Texas, said 0.3024 acre tract being more particularly described as
follows:
NOTE. All bearings are referenced to the Southeasterly line of Lot 1, Block 7 of
the said Suburban Acres, Unit Two, the same being the Northwesterly right-of-
way line of Lawrence Drive, as SOUTH 35°31'30" WEST as recorded in Volume
7, Page 193, Map Records, Jefferson County, Texas. All set 518" iron rods set
with caps stamped"M.W. Whiteley&Associates".
COMMENCING at a 5/8 iron rod with a cap stamped M.W. Whiteley & Associates found
for the most Easterly corner of Lot 1, Block 7 and the most Southerly corner of Lot 2, Block 7 of
the said Suburban Acres, Unit Two, and said corner being in the Northwesterly right-of-way line
of Lawrence Drive(based on a width of 80 feet);
THENCE SOUTH 35°31'30" WEST, along and with the Southeasterly line of the said Lot I and
the Northwesterly line of the said Lawrence Drive, for a distance of 99.99 feet to a 1/2" iron rod
found for the most Easterly conger and the POINT OF BEGINNING of the tract herein
described;
THENCE SOUTH 35 000'06" WEST, continuing along and with the Northwesterly right-of-way
line of Lawrence Drive, for a distance of 79.82 feet to a concrete momm-nent found for corner;
THENCE NORTH 54 041'06" WEST, passing at a distance of 20.06 feet a 5/8" iron rod found
for a corner in the Northeasterly Iine of Lot 10, Block 6 of the said Suburban Acres, and
continuing along and with the Northeasterly line of the said Lot 10 and the Southwesterly right-
of-way line of House Road, for a total distance of 165.00 feet to a 5/8" iron rod set for corner,
said corner being the most Northerly comer of the said Lot 10 and in the Southeasterly line of
that certain called 131.467 acre tract of land as described in a "Warranty Deed" from H.G.
Nichols, Sr. to Howard Grant Nichols Family Limited Partnership as recorded in Clerk's File No.
2000016829, Official Public Records of Real Property, Jefferson County, Texas and from said
corner a found concrete monument bears NORTH 18 121'12" WEST a distance of 0.54 feet;
EXHIBIT"A"
P-A 1 ^f'7
MARI EXHIBIT "B"
THENCE NORTH 35 009'03" EAST, along and with the boundary between the Northwesterly
right-of-way line of House Road and the Southeasterly line of the said 131.467 acre Howard
Grant Nichols Family Limited Partnership tract, for a distance of 79.97 feet to a 1/2" iron rod
found for confer, said corner being the most Westerly corner of the said Lot 1, BIock 7, and from
said corner a found concrete monument bears SOUTH 53°4949" EAST a distance of 0.49 feet;
THENCE SOUTH 54 037'56" EAST, along and with the Southwesterly line of the said Lot 1,
Block 7 and the Northeasterly right-of-way line of House Road, passing at a distance of 144.85
feet a 5/8" iron rod set for corner in the Southwesterly line of the said Lot 1, Block 7 and
continuing for a total distance of 164.79 feet to the POINT OF BEGINNING and containing
0.3024 Acres,more or less.
Surveyed on October 9, 2012. This legal description is being submitted along with a plat based
on this survey(see EXHIBIT "B").
9T�'9�ty
.Q O
THOMA... . �
Thomas S. Rowe, RPLS No. 5728 9. 5728
'#0•S U R`l�-�
W;\2012\1 2.809\12-809m&bAoc
EXHIBIT"A"
Page 2 of 2
MARK N1/i/TELEY:I:NDA5.SOCLaTG•.S./.A-C.
CALLED 131.467 ACRES
FND CONC MON BEAla� HOWARD GRANT NICHOLS
N18'21'12"W 0. FAMILY LIMITED PARTNERSHIP
((ALL N353130'� 80.00') FND 1/2" CF. NO. 2000016829
SET FND N35°09'03"E 79.97' 1. ROD OPRX
—DHE - DHE—OHE.----DHE—DHE—OHE FND CONG MON BEARS
__- x_. S534949*E 0.49x5co
0.24'
4.09'
CE
4 i 3 $ k HO USE ROAD o Tilo
(80 ROW) , �93
a H e o X c Sugl1R�1. 03c
Pp 302
>? 19 1_ N�, x 0. 4 ACRES L• N
a�z �' ( ;a
N -- � 2.70 0.23'
y .w�i ti x Q. lx _
h
w
T 0
Q e BLOCK 6 L�K 7
FND 5�8" S SET 518" BL
!. ROD SLAG 1. ROD
2!.`ON +C �vai0 l� �l V C
FND C. o W CAP STAMPED
MONU. (CALL S35-31.30-W 80.00) W. WHf1AEY"
FND 5/8 N FND S35°00'06"W 79.82'
RODFND S352936"W 99.89' FND S35'313 0"W 99.99'
(CALL S35'31'30-W 100.00') 13"PAM PAP£ (CALL S353130'w 100.00)
SEWER MANHOLE " _ REFERENCE BEARING PER PLAT
LAWRENCE DRIVE OB car
(80' ROW) FND 1/2" :
EXHIBIT, "'B" r. ROD a . r Of 1
1 1Pt1t
REFER TO EXHIBIT ':A" 12-809 12-809 A.DWG 0
FOR LEGAL DESCRIPTION 1(ARK wfI1TIm
AND ASSOCIATES
TO THE OWNERS OF THE PREMISES SURVEYED INCORPORATED
AS OF THE DATE OF THE SURVEY.
1. -7piAn seMra�s, �
1. THOMAS S ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY 7 '
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Pat
lw
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME ��uitr`S�`i -Naar
OF THE SURVEY.
BOUNDARY SURVEY OF A
DATE SURVEYED;_ OCT09ER ,9. 2012 OF T 0.3024 ACRE TRACT OR
�E•` 'r '•.tc,f, PARCEL OF LAND
OUT OF AND PART OF
v3.•Q at HOUSE ROAD RIGHT--OF—RAY
SUBURBAN ACRES, UNIT TWO
...N.... MN
S S R4WE VOLUME 7, PAGE 193
N..� . N.N..M
q
5728 r.� MAP RECORDS
DS
E. S s °,• -�C? W.AB TRACT NO1 7UE
THOMAS S. ROWS — REGISTERED PROFESSIONAL LA1�^ oa BEAUMONT, JEFFERSON
COUNTY, TEXAS
EXHIBIT "C"
- I
111111 IIIII IIIII IINI IIIII IIIIi I IiII NIII II III IHII IIII I III
DD 213003385
7 PGS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS:
SPECIAL WARRANTY DEED
THAT, the CITY OF BEAUMONT, a municipal corporation domiciled in the County
of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the
sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the LEGACY
COMMUNITY DEVELOPMENT CORPORATION, a Texas Non-Profit Corporation,
hereinafter called GRANTEE, of the County of Jefferson, State of Texas, whose address is
620 Pearl, Beaumont, Texas 77701, all that certain tract or parcel of land in the County of
Jefferson, Texas, described in Exhibit "A", attached hereto and made a part hereof for all
purposes (the "Property").
GRANTEE covenants and agrees that the property described above shall be used for
the purpose of providing decent, safe, sanitary and affordable housing units for low to
moderate income families. If GRANTEE fails to use the property for the stated purpose, title
to the property shall automatically revert to GRANTOR and GRANTEE will execute a
Special Warranty Deed to GRANTOR and file such deed of record in the Deed Records of
Jefferson County, Texas. In the event GRANTEE at any time breaches the foregoing
restrictive covenants, GRANTOR shall have the right to demand a reversion of the property
to GRANTOR, and GRANTEE agrees to execute a Special Warranty Deed in favor of
GRANTOR upon written request of GRANTOR.
GRANTEE understands and agrees that should GRANTEE become defunct or
insolvent and at any time fails to use the "Property" in the manner of providing affordable
housing,the"Property" shall automatically revert to the GRANTOR as provided herein.
This conveyance is subject to any restrictive covenants, outstanding mineral interests
and easements affecting the property above described.
TO HAVE AND TO HOLD the above described premises together with all and
singular the rights and appurtenances thereto and in any wise belonging, unto the said
GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds
itself and its successors and assigns to warrant and forever defend all and singular the said
premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every
person whomsoever lawfully claiming or to claim all or any part of the property, subject to
the provisions stated above, when the claim is by, through, or under GRANTOR but not
otherwise.
EXECUTED this the 3o day of J4^ 2013.
THE CITY OF BEAUMONT
B y L � l
Kyle Hayes, City Manager
i
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this 30 ' day of S u a r s ,
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on
behalf of said City of Beaumont.
Notary Public, State f Texas
RETURN TO: CITY OF BEAUMONT
Antoinette Hardy
P. O.Box 3827 _ navco MinA
Beaumont,TX 77704 �, 14�RES
EXHIBIT "A"
Legal Description: 0.3024 Acre Tract or Parcel of Land
Out of and Part of House Road Right-of-Way
Suburban Acres, Unit Two
Volume 7, Page 193,Map Records
W.B. Dyches League, Abstract No. 17
Beaumont, Jefferson County, Texas
BEING a 0.3024 acre tract or parcel of land situated in the W.B. Dyches League, Abstract No.
17; Jefferson County, Texas and being out of and part of the House Road right-of-way as
recorded on the final plat of Suburban Acres, Unit Two, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 7, Page 193, Map
Records, Jefferson County, Texas, said 0.3024 acre tract being more particularly described as
follows:
NOTE. All bearings are referenced to the Southeasterly line of Lot 1, Block 7 of
the said Suburban Acres, Unit Two, the same being the Northwesterly right-of-
way line of Lawrence Drive, as SOUTH 35°31'30" WEST as recorded in Volume
7, Page 193, Map Records, Jefferson County, Texas. All set 518" iron rods set
with caps stamped "M.W. Whiteley &Associates".
COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found
for the most Easterly corner of Lot 1, Block 7 and the most Southerly corner of Lot 2, Block 7 of
the said Suburban Acres, Unit Two, and said corner being in the Northwesterly right-of-way line
of Lawrence Drive(based on a width of 80 feet);
THENCE SOUTH 35°31'30" WEST, along and with the Southeasterly line of the said Lot 1 and
the Northwesterly line of the said Lawrence Drive, for a distance of 99.99 feet to a 1/2" iron rod
found for the most Easterly corner and the POINT OF BEGINNING of the tract herein
described;
THENCE SOUTH 35 000'06" WEST, continuing along and with the Northwesterly right-of-way
line of Lawrence Drive, for a distance of 79.82 feet to a concrete monument found for corner;
THENCE NORTH 54 041'06" WEST, passing at a distance of 20.06 feet a 5/8" iron rod found
for a corner in the Northeasterly line of Lot 10, Block 6 of the said Suburban Acres, and
continuing along and with the Northeasterly line of the said Lot 10 and the Southwesterly right-
of-way line of House Road, for a total distance of 165.00 feet to a 5/8" iron rod set for corner,
said corner being the most Northerly corner of the said Lot 10 and in the Southeasterly line of
that certain called 131.467 acre tract of land as described in a "Warranty Deed" from H.G.
Nichols, Sr. to Howard Grant Nichols Family Limited Partnership as recorded in Clerk's File No.
2000016829, Official Public Records of Real Property, Jefferson County, Texas and from said
corner a found concrete monument bears NORTH 18°21'12" WEST a distance of 0.54 feet;
EXHIBIT"A"
Page 1 of 2
MARK W. WHITELEYAND ASSOCIATES,INC.
THENCE NORTH 35 009'03" EAST, along and with the boundary between the Northwesterly
right-of-way line of House Road and the Southeasterly line of the said 131.467 acre Howard
Grant Nichols Family Limited Partnership tract, for a distance of 79.97 feet to a 1/2" iron rod
found for corner, said corner being the most Westerly corner of the said Lot 1, Block 7, and from
said corner a found concrete monument bears SOUTH 53°49'49" EAST a distance of 0.49 feet;
THENCE SOUTH 54 037'56" EAST, along and with the Southwesterly line of the said Lot 1,
Block 7 and the Northeasterly right-of-way line of House Road, passing at a distance of 144.85
feet a 5/8" iron rod set for corner in the Southwesterly line of the said Lot 1, Block 7 and
continuing for a total distance of 164.79 feet to the POINT OF BEGINNING and containing
0.3024 Acres, more or less.
Surveyed on October 9, 2012. This legal description is being submitted along with a plat based
on this survey(see EXHIBIT "B").
....................FAO IE
THOMAS S
Thomas S. Rowe RPLS No. 5728 :9 5728
suF
W:\2012\12-809\12-809m&b.doc
EXHIBIT"A"
Page 2 of 2
MARK W. WHITELEYAND ASSOCIATES,INC.
CALLED 131.467 ACRES
FND CONC MON BEARS HOWARD GRANT NICHOLS
N 18'21'12'W 0.54' (CALL N35-31'301E 80.00) FAMILY LIMITED PARTNERSHIP
SET 5 FND 1/2' CF. NO. 2000016829
1. R D FND N35-09'03"E 79.97 I. ROD OPRJC
—OHE -OHE—OHE OHE OHE OHE OH FND CONC M0N SEARS
— x S53'4949E 0.49x
e.
0.24' x
W
4.09' x w o a
a'
3 HO USE ROAD o
zd 3 $ (80' ROW) ° [(
toi A�tES jg3
f3 c < ( I W.W SUB�RgpNL 7, pG•
ei qq� 0.3024 ACRES x H op Z �
As
2.70' 0.23'
H Z X
Zoe
SaH
LOT K 6
80 LOT l
BL 1
a_ �
4, a FND 518' SET 5/8"
QR S 4 L R00 S L ROD PO C
;g
o N> DRNE FND 518' 1. ROD
FND CONC. 'o W GAP STAMPED
MONU. °o (CALL S35-31'301Y 80.00) .W. WHITELEY'
Flip FND S35°00'06'W 79.82'
RO�FND S35'2936'W 99.89' FND S35-31301Y 99.99'
(CALL S353130-W 100.00) 13'Pudic r� (CALL S35-31301Y 100.00)
SEWER rw4*10LE _ — REFERENCE OWING PER PLAT
LAWRENCE DRIVE —POB Ciff or miuww
(80' ROW) FND 112' r M,
„ „ I. ROD ffi 1 of 1
EXHIBIT B ,
REFER TO EXHIBIT A" 12-809 12-809'A DWG
FOR LEGAL DESCRIPTION YAR>i W •MTELZT
�9==ASSOCIATES
TO THE OWNERS OF THE PREMISES SURVEYED INCORPORATED
AS OF THE DATE OF THE SURVEY:
AND ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY "'� "'�
MME ON THE
SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME s*}+.
OF THE SURVEY.
BOUNDARY SURVEY OF A
DATE SURVEYED: OCTOBER 9. 2012 OF 0.3024 ACRE TRACT OR
(E.•••••;7.19• tr PARCEL OF LAND
F OUT OF AND PART OF
e o. HOUSE ROAD RIGHT-OF-WAY
. SUBURBAN ACRES, UNIT TWO
S S.ROWS VOLUME 7, PAGE 193
90 5728 ��O� W.B. YCHES LEAGUE
9il;O.FFSS:°.�y ABSTRACT NO. 17
BEAUMONT, JEFFERSON
THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND 28 COUNTY, TEAS