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HomeMy WebLinkAboutRES 13-154 RESOLUTION NO.13-154 WHEREAS, ExxonMobil Oil Corporation, has agreed to donate property located at 1430 Madison Avenue, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the Madison Street Project and, WHEREAS, the City Council has considered the donation of said tract and is of the opinion that the delivery and receipt of said tract is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the donation of the above described property donated by ExxonMobil Oil Corporation is hereby in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2013. [4.0 - Mayor Pro Tem Gethrel WrigKt - I X i 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, EXXONMOBIL OIL CORPORATION, a New York corporation, domiciled in the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A & B", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" 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 herself and her 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 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 12013. EXXONMOBIL OIL CORPORATION, a New York Corporation By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013 by ' as of EXXONMOBIL OIL CORPORATION, a New York Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said EXXONMOBIL OIL CORPORATION, that he executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of .2013. Notary Public Print Name: RETURN TO:City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont,TX 77704 EXHIBIT "A" Legal Description: 0.0148 Acre Tract or Parcel of Land Out of and Part of Lots 10 and 11, Block 13 Oakwood Addition Volume 4, Page 67, Map Records David Brown Survey, Abstract No. 5 Beaumont,Jefferson County,Texas BEING a 0.0148 acre tract or parcel of land situated in the David Brown Survey,Abstract No. 5, Jefferson County, Texas and being out of and part of Lots 10 and 11, Block 13 of Oakwood Addition,a subdivision of the City of Beaumont, Jefferson County;Texas, according to the plat thereof recorded in Volume 4, Page 67, Map Records, Jefferson County, Texas and being out and part of that certain tract of land being called the North One Hundred feet of Lot Number Eleven and the North One Hundred feet of the East Forty-Eight and Seventeen One-hundreths feet of Lot Ten (N. 100' of I 1 and N. 100'of E. 48.17' of 10) in Block Number Thirteen(13) of Oakwood Addition as described in a "General Warranty Deed" from Eva Batiste to ExxonMobil Oil Corporation as recorded in Clerk's File No. 2013015100, Official Public Records of Real Property, Jefferson County, "Texas, said 0.0148 acre tract being more particularly described as follows: NOT, : All bearings are based on the assumed bearing of NORTH 90°00'00" EA,S7'referenced to the South right-of-way line of Madison Avenue. COMMENCING at a 1/2" iron rod found for the Southeast corner of the said ExxonMobil Oil Corporation tract, said corner being in the East line of the said Lot 11 and the West right-of-way line of Sycamore Street(based on a width of 60 feet); THENCE NORTH 00"13'40" WEST, along and with the Fast line of the said Lot l 1 and the West right-o£--way line of Sycamore Street, for a distance of 45.46 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont R.O.W. Monument" set for the most Southerly confer and the POINT OF BEGINNING of the tract herein described, said corner also being the beginning of a curve turning to the left having a radius of 55.00 feet and being subtended by a chord bearing NORTH 45 106'50" WEST with a chord length of 77.63 feet; THENCE NORTHWESTERLY, along and with said curve and the proposed right-of-way of Madison Avenue and over and across the said Lot I I and 10,for an are length of 86.18 feet to an 5/8" iron rod with a aluminum cap stamped "City of Beaumont R.O.W. Monument" set for corner, said corner being in the North line of the said Lot 10 and the South right-of-way line of Madison Avenue(based on a width of 60 feet); THENCE NORTH 90 000'00" EAST, along and with the existing South right-of-way line of Madison Avenue and the North line of the said Lot 10, passing at a distance of 2.98 feet a 1/2" iron pipe found for the Northeast corner of the said Lot 10 and the Northwest corner of the said Lot 11, and continuing along and with the existing South right-of-way line of Madison Avenue and the North line of the said Lot 11 for a total distance of 54.78 feet to a point for corner, said corner being the Northeast corner of the said Lot I 1 and the intersection of the existing South right-of-way line of Madison Avenue and the existing West right-of-way line of Sycamore Street; PXUBIT"A" AtARRK li: IPI!l7ZtiLf !':livl.),E.S'.St)i'LS7YS,INC. THENCE SOUTH 00°13'40" EAST, along and with the East line of the said Lot 11 and the existing West right-of-way line of Sycamore Street, for a distance of 54.78 feet to the POINT OF BEGINNING and containing 0.0148 Acres, more or less. Surveyed on July 12, 2013. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). OF � � O .... S Vi Thomas S.Rowe, RPLS No. 5728 •"q 5?28 r /t RAF \0�J!�l.. WA20 I 3113.619\13.618nn&b.doc E 5 S SU4 EXHBIT"A" Page 2 oft _�J M I R A It: It1]1TEI,�!'',1;�1�:+ssr��r. CURVE I RADIUS JARC LENG7H CHORD LENGTH CHORD BEARING DELTA ANGLE Cf 55.00' 86.18' 77.63' IN 45'06'49.8" W 89'4620° REFERENCE BEARING ASSUMED (60' ROW) (C41i, 51.80) (CALL 300.00') --� CORNER —^ FND W0D'00'£51.80' CALL. FND NPO'00'00"E 300.13' SET 5/$ {1 L1 Rip y V 1 FND 5/8" // 1. ROODD CORNER 3 FND N90'00'00 E F OPUS£" I 2,96 FND 0.0148 p� 5 �� 5 9 ~- ACRES L 0015 L0S Ad m N. 100' OF LOT 11 &N. 100' OF THE E. 48.17' OF 10 ,1 BLOCK 13 g EXXONMOBIL OIL CORPORATION CF NO. 2013015100 $L4 OPRJC vo L— o cY T Poc w ! FND 112" 19 f L RU17 � o i b ? # !O < to � °z S. 40'OF LOT 11, S 40' OF THE E 48.17' & 100FT OF LOT 10 CAPIPAL ENTERPRISE, 04 MRS. SHANNON DENARD CF NO. 2011010270 OPRJC g w o_N 1'tp ET 518" IRON RODS SET WITH AN ALMONUM SURVEY WAS PERFORMED ° CAP STAMPED "CITY OF BEAUMONT R.O.W. MONUMENT" WITHOUT BENEFIT OF CURRENT TITLE COMMITMENT. 0 EXISTING TAKING R£MrUNING BOUNDARY SURVEY ONLY, ACRES ACRES ACRES EASEMENT$, !F ANY, NOT RESEARCHED OR SHOWN, 0.2300 0.0148 0.2152 WITH THE EXCEPTION OF LINE BEARING DISTANC THOSE PLATTED. FUL,t�'0��1 AVENUE �J } L i N 90;00 00 ,E 54.78 (6O' ROW) L2 S 00'13 39" E 54.78 FND 1/2" TO THE OWNERS OF THE PREMISES SURVEYED �� 1. Roo AS OF THE DATE OF THE SURVEY: \p'( 22 L 1> FS S DO HEREBY CERDFY TINT INS SURVEY WAS THIS MY ��� . • l . . r ;'' L1AOE ON THE 31II 'AC£OF THE GROUW OF THE PROPERLY LEGALLY DESCRIBED E-11 �` 13 HEREW Alm CORRECTLY REPRESENTS THE FACTS FMO AT IHE 71ME REFER TO EXHIBIT 'A" OF THE SURVEY. FOR LEGAL DESCRIPTION DATE SURVEYED: JULY 12, 2013 OF SNOWING ............ 0.0148 ACRE TRACT OR PARCEL OF LAND •,.....» w DAVID BROWN SURVEY, ABSTRACT NO. 5 JEFFERSON COUNTY, TEXAS 9•k�F6sa� �+ SCALE I'= 30' JULY 2013 THOMAS S. ROW E - REGISTERED PROFESSIONAL 5728 JOB/ W.\2013\13-618\ 13-61&DWG\&4F EXHIBIT "B" IIIllilllllillllllllililllillllllllilllllilll Jill Jill °° 2013028550 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 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, EXXONMOBIL OIL CORPORATION. a New York 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, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County. Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED. SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT. SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit `'A & B", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas.. and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring. developing. mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants. conditions. easements and mineral and/or royalty reservations, if anv, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in anv wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself' and her 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 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 Al'i —' 2013. EXXONMOBIL OIL CORPORATION, a'-New York Corporation V.f Name: Title: i ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF The fore going instrument was acknowledged before me this � day of 20'I3 by �����1�_S (;{/ as 1, .-iii of EXXO OBIL OIL CORPORATION, a N w York Corporat n, know to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said EXXONMOBIL OIL CORPORATION, that he executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A 4",5 � , 2013. SONIA KAY SANDERSON Notary P 1 P�otary Pub;; as NIV Co-ru fission Expires Print Name: �U�IrGz % 'r cJl!1 December 15, 2013 RETURN TO:Citv of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 I)CScription: 0.0148 Acre Tract Or Parcel of Land Out of and Part of Lots 10 and 11. Block 13 Oakwood Addition VOILInle 4, Page 67, Map Records David Brown Survey, Abstract No. 5 ReaUrnolit. JeA`erSOn County. "Texas BEING a 0.0148 acre it-act Or parcel of land situated in the David Brown Survey, Abstract No. 5, lcl]'crson County, Texas and being out of and part of Lots 10 and 11, Block, 13 of Oakwood Addition. a SUIXI'ViSiOn Of' the City Of BeLIL1111011t, .1clTerson COLIAlty. Texas, according to the plat thereof rccorded in Volume 4, Pzwc 67, Mal) Records, Jefferson County- Texas and being Out and part of that certain tract of land being called the North One Hundred feet of' Lot Number Eleven and the North One Hundred beet of the East I-orty-l'-ight and Seventeen One-hundrcths 1� 3 --et of Tcn ( N. 100' of I I and N. 100' of U. 48,1 T ol' 10) in Block Number Thirteen (U) of Oakvvood Addition as described in a "General Warrant,, Deed" from Eva Batiste to FxxonMobll 01] Corporation as recorded in Clerk's I-'IIQ No. 20130 15 100. Official Public Records of Real PrOpel-tV, JC11'el-SO11 County. Texas, said 0.0148 acre tract bcll)Ll 11101-C particularly described as ;V)'/F: 1// hcariags ure based on the (INN11177CcI bearing ol'NORTH 90'00'00" E-IS7:ref •ertc,,d to the South line ofAlladison Avenue. COMMENCING at a 1/2" Iron rod fbLind for the Southeast corner of the said ExxonMobII Olt Corporation tract, said corner being in the Gast line of the said Lot I I and the West right-of-way line, ol'SN camorc Strect. (based on a width ot'60 feet); IIIENCE NORTI I 00°1 3'40" WEST, alolij, and with the last line of' the said Lot 11 and the West rE_)ht-of­,vvav line ot'Sycamore Street, for a distance ol'45.46 feet to a 5/8" iron rod with an 110SI, Southerly 7 corner �JILHIIJIILIHI Cap StLlfflped "City of Beaumont l,'—O.W. M01ILlinClIt" set for the I �UtIIO[ the it and the POINT O - F REGINNINC of act herein describe(], said corner also being the beLlnnlnL, of a curve IL11-111111-1 to the left havinu, a radius of 55.00 feet and being submided by a chord bearing NOR]]1 45'06'50" WES'Ywitli a chord length of 77.63 feet, YH E N C'E NORTI I W along-'STERLY. along and with said curve and the proposed right-ofwaN of ' MUdIS011 .Avenue and over and across the said Lot I I and 10, for an are length of 86.18 feet to an 5/8" iron rod with a .,durninUrn cap stamped "City Of BCaL11110111. R.O.W. Monument" set for corner, said corner 11611", 111the North 1111C of'the said Lot 10 and the South rjght-of waN line of Madison AV0111.10 (based on a width ot'60 f'eet), TIII,-NCE NORTI 1 90`00'00" ["'AST, along and with the CNIStIng South right-of-way line of NIadison Averitic and the North line of the said Lot 10, passing at a distance of 2.99 feet a 1/2" pIPC I'OUnd for the Northeast corner of the said Lot 10 and the Northwest COFFICr OI'the Said I-Ot 11, Lilld C01101-11-11112 ai011g and with the existing, South right-of-way line of Madison Avenue and tic Norin line ot'the said Lot I I ioi a total distance of 54.78 Icet tc a point for corner, said comer bcliw the Northeast corner Of the said Lot I I and the intersection of the existing South I.mf of IN/ladison A,zCnLIC and the CXIStlno 'v\I`cs( rl(,ht-of-way line of SNcarnort_- FX 11131 1'"A" -I)zt,-,c 1 if A'i, 1� ;)N�,I U F i ! [WFACb SOUTH 00~1340^ L/\Sl . u|on& omJ with tkr },uui |mo or the smd |ui | | and the cdxiiu", \Vusi 6ubt-01,�sn/ 1iocofS}cVrnonc SUuul, 6vadis|aooc of' 54.78 6z1tnthe POINT OF BEGINNING and con{uininp0.0l48 Acres, move nr |cxy� So/voYcd oil July 12, 20)3. This |rmJdcxcri[vioo }ubrin") submitted along with a p|u| hnoodon <h ^ sor.cY (sc0 F,)(H|D[[ "B"). FE S5 ! | / [XHD|T "A^ � CL'RVc RAC IU ARC L EN'CTH CHORD LENGTH CHORD BEARING DELTA ANGLE --- r: - - --- -- —— --- —- - - ---- --� C 1 '» 0 156.18' 77.63 _ N 45'064 8" W 89'45'20" REFERENCE BEARING ASSUMED (60' ROW) (CALL 51.80') (CALL 300.00') - FNu N90100'00,E 51.80' FND N9O'OC')O"E 300.13' SET 5 D L1 8" i CORNER 1. Rb FND 5/8 (. ROD CALC. — FND 112" 6� CORNER FND N90'00'OG"E ; plPE lL/ 2.98 F ND 0.0148 ACRES POB P o N. 100' OF LOT II & SET 5/8" N. 100' OF THE E. 48.17' OF 10 1. ROD o BLOCK 13 "o EXXONMOBIL OIL CGRPORATION °o N CF NO. 2013015100 W 2 OPRJC !! z 3 PO c FND 112 - ! I. ROD ;�° > � w C) J ^� ° Q 0 S. 40' OF LOT 11, S. 4O' OF THE Try E. 48.17' & I GGFT OF LOT 10 CAPITAL ENTERPRISE, OBA TARS, SHANNON DENARD � CF N). 2011010270 0 OP.RJC o •, o a NO NOTE: ALL SFT q18" IRGN ROOS SET WITH AN ALUMINUM THIS SURVEY WAS PERFORMED ° CAP STAMPED "C'T OF BEAUMONT R D.W. MONUMENT' WITHOUT BENEFIT OF CURRENT k TITLE COMMITMENT./ c 1 BD'U'i"r'D l SVRVE 01'JL1 EXISTING i X1NO LA I"C EASEMENTS, IF ANY, NOT ACRES ACRES S R - - -CRES - RESEARCHED OR SHOWN, 0.0148 C�2 WITH THE EXCEPTION OF THOSE PLATTED. NE BEARING DISTANCE _ (60' ROW) - �L,1, N' 90'00'00" E 54.78' _ OO'13 39" E 54.78' � FND ]/2" TO THE OWNERS OF THE PREMISES SURVEYED 11 1. ROD AS OF THE DATE OF THE SURVEY: vp�. 22 JV 1. THOMAS S. ROWS DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY 0� . MADE ON T,4Z SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED REFER TC'EXN131T 4' HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. FOR LECAL 'DESCRIPTION , DATE s�RVEYED: JULY 12, 2013 ,, � O F _ 1 �,w, Fo; SHOWING Q � � lam/ . ..�� 0.6148 ACRE TRACT OR PARCEL OF LAND +•••••«"•""~" �21� DAVID BROWN SURVEY, ABSTRACT NO 5 h° .'A 572a o+,® JEFFERSON COUNTY, TEXAS { ji f •`9 ��E S S � SCALE 1° 30' JULY 2013 THOMAS S. ROWE` - REGISTERED PROFESSIONAL 5728 JOB W:\2013\13-615\ 13-618.Dw0\BJF