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HomeMy WebLinkAboutRES 17-058RESOLUTION NO. 17-058 WHEREAS, on September 4, 2012, City Council approved Resolution No. 12- 194 accepting the control, jurisdiction and maintenance of a portion of US 90 from the Texas Department of Transportation starting at IH 10 at College and going East to Orleans Street, then North on Orleans Street and Pearl Street to North Street, including the one way pairs of Willow, Park and Wall Streets; and, WHEREAS, the Texas Department of Transportation has executed a Quitclaim Deed by Texas Governor Greg Abbott re -designating all interest and control of the portion of US 90 as described as being a distance of approximately 4.11 miles from 1-10 from College Street to the Neches River Bridge; and, WHEREAS, the City Council for the City of Beaumont is empowered with all authority, rights and responsibilities for the management of the City, including, but not limited to, the authority to accept or reject the transfer of property to the City; and, WHEREAS, the City Council finds it is in the public interest to accept the conveyance of the property in question 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 City Council does hereby accept the Quitclaim Deed of the property in question by the Texas Department of Transportation in substantially the form attached hereto as Exhibit "A" and cause the same to be filed in the Jefferson County Deed Records. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Beck Ames - QUITCLAIM DEED STATE OF TEXAS § US 90 § RCSJ 0028-07-055 COUNTY OF JEFFERSON § Tract 1 In Beaumont, JEFFERSON COUNTY, on US 90, the state of Texas used certain land for highway purposes. The land (Tract 1), RCSJ 0028-07-055, as shown on Exhibit A, is no longer needed for a state highway purpose In accordance with Texas Transportation Code, §202.021, the Texas Transportation Commission (commission) may recommend the quitclaim of any interest that might have accrued to the state by use of the property to the county or municipality where the property is located. The Texas Transportation Commission at its meeting on December 15, 2016, as shown by the official minutes of the Texas Transportation Commission, passed Minute Order 114802 recommending, subject to approval by the Attorney General, that the Governor of Texas execute a proper instrument quitclaiming to the CITY OF BEAUMONT, TEXAS hereinafter referred to as Grantee, whether one or more, the State's interest in Tract 1 in consideration of the foregoing premises as authorized by V.T.C.A., Transportation Code, Chapter 202, Subchapter B; NOW, THEREFORE, I, GREG ABBOTT, GOVERNOR OF THE STATE OF TEXAS, by virtue of the power vested in me by law and in accordance with the laws of the State of Texas, for and in consideration of the foregoing premises, and other good and valuable consideration, the receipt of which is hereby acknowledged, have RELEASED, REMISED, and QUITCLAIMED and do by these presents RELEASE, REMISE, and QUITCLAIM to the CITY OF BEAUMONT, TEXAS the State's interest in that certain tract or parcel of land situated in Jefferson County, Texas, which is more particularly described in Exhibit A. Anything herein to the contrary notwithstanding, this quitclaim is made subject to the rights of any and all existing public utilities or common carriers in accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, Section 202.029. Any required adjustment will be at no cost to Grantor. In addition, this quitclaim is subject to all matters of public record and to all easements, leases, agreements, or licenses, or other interests which affect the property, and to any matter which would be disclosed by title examination, survey, investigation, or inquiry, including but not limited to the rights of parties in possession. THIS QUITCLAIM OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITH ANY AND ALL LATENT AND PATENT DEFECTS. BY ACCEPTANCE HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTEE HAS NOT RELIED UPON ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY GRANTOR OR BY ANY REPRESENTATIVE OF GRANTOR WITH RESPECT TO THE PROPERTY, AND THAT NEITHER GRANTOR NOR ANY REPRESENTATIVE OF GRANTOR HAS MADE ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKETABILITY, EXHIBIT "A" PHYSICAL CONDITION, PRESENCE OF HAZARDOUS MATERIALS, VALUATION, UTILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS INSPECTED THE PROPERTY AND THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PROPERTY AND ACCEPTS QUITCLAIM TO THE PROPERTY "AS IS" IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION AND THAT GRANTEE IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging unto said Grantee and Grantee's heirs, successors, and �or assigns forever, subject to the reservations and exceptions described herein. IN TESTIMONY WHEREOF, I have caused the Seal of the State to be affixed. Executed this the O 79r day of ��`u��' , 2017: Attest: Rolando B. Pablos Secretary of State Recommended for Approval: James M. Bass Executive Director Approved: Ken Paxton Attorney General By: Garland Williams Assistant Attorney General NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006 AUTHORIZES THE RECORDATION OF THIS INSTRUMENT WITHOUT ACKNOWLEDGMENT OR FURTHER PROOF OF THE SIGNATURE OF THE GOVERNOR. 2 IN, A Jeffers T__ 4-1.11 169 J Orange 90 Ll -F- F -A 90 Designate US 90 concurrent with IH I Alm— Remove Portion of US go from the State Highway System y QUITCLAIM DEED STATE OF TEXAS COUNTY OF JEFFERSON 4 PGS 2017010480 DD US 90 RCSJ 0028-07-055 Tract 1 In Beaumont, JEFFERSON COUNTY, on US 90, the state of Texas used certain land for highway purposes. The land (Tract 1), RCSJ 0028-07-055, as shown on Exhibit A, is no longer needed for a state highway purpose In accordance with Texas Transportation Code, §202.021, the Texas Transportation Commission (commission) may recommend the quitclaim of any interest that might have accrued to the state by use of the property to the county or municipality where the property is located. The Texas Transportation Commission at its meeting on December 15, 2016, as shown by the official minutes of the Texas Transportation Commission, passed Minute Order 114802 recommending, subject to approval by the Attorney General, that the Governor of Texas execute a proper instrument quitclaiming to the CITY OF BEAUMONT, TEXAS hereinafter referred to as Grantee, whether one or more, the State's interest in Tract 1 in consideration of the foregoing premises as authorized by V.T.C.A., Transportation Code, Chapter 202, Subchapter B; NOW, THEREFORE, I, GREG ABBOTT, GOVERNOR OF THE STATE OF TEXAS, by virtue of the power vested in me by law and in accordance with the laws of the State of Texas, for and in consideration of the foregoing premises, and other good and valuable consideration, the receipt of which is hereby acknowledged, have RELEASED, REMISED, and QUITCLAIMED and do by these presents RELEASE, REMISE, and QUITCLAIM to the CITY OF BEAUMONT, TEXAS the State's interest in that certain tract or parcel of land situated in Jefferson County, Texas, which is more particularly described in Exhibit A. Anything herein to the contrary notwithstanding, this quitclaim is made subject to the rights of any and all existing public utilities or common carriers in accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, Section 202.029. Any required adjustment will be at no cost to Grantor. In addition, this quitclaim is subject to all matters of public record and to all easements, leases, agreements, or licenses, or other interests which affect the property, and to any matter which would be disclosed by title examination, survey, investigation, or inquiry, including but not limited to the rights of parties in possession. THIS QUITCLAIM OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITH ANY AND ALL LATENT AND PATENT DEFECTS. BY ACCEPTANCE HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTEE HAS NOT RELIED UPON ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY GRANTOR OR BY ANY REPRESENTATIVE OF GRANTOR WITH RESPECT TO THE PROPERTY, AND THAT NEITHER GRANTOR NOR ANY REPRESENTATIVE OF GRANTOR HAS MADE ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKETABILITY, PHYSICAL CONDITION, PRESENCE OF HAZARDOUS MATERIALS, VALUATION, UTILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS INSPECTED THE PROPERTY AND THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PROPERTY AND ACCEPTS QUITCLAIM TO THE PROPERTY "AS IS" IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION AND THAT GRANTEE IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging unto said Grantee and Grantee's heirs, successors, and/or assigns forever, subject to the reservations and exceptions described herein. IN TESTIMONY WHEREOF, I have caused the Seal of the State to be affixed. Executed this the day of �/'uA-/' , 2017. Attest: Rolando B. Pablos Secretary of State Recommended for Approval: James M. Bass Executive Director Approved: Ken Paxton Attorney General By: ZfAy Garland Williams Assistant Attorney General NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006 AUTHORIZES THE RECORDATION OF THIS INSTRUMENT WITHOUT ACKNOWLEDGMENT OR FURTHER PROOF OF THE SIGNATURE OF THE GOVERNOR. 2 o �.