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HomeMy WebLinkAboutORD 51-WV,( Ml nTVA ATO ORDINANCE ABANDONING, DISCONTINUING, ABOLISHING AND CLOSING THAT - CERTAIN ALLEY, 20 FEET WIDE, (IF EXIST- ING), RUNNING NORTH -AND -SOUTH, THROUGH -THE CENTER OF THAT CERTAIN BLOCK OF LAND LOCATED IN. THE PARKER ADDI- TION TO THE CITY OF BEAUMONT, WHICH.BLOCK OF LAND IS. BOUNDED ON THE EAST BY HIGHLAND.AVENUE; ON THE NORTH_ BY HIGHLAND.DRIVE (FORMERLY THELMA STREET);.ON THE WEST BY SOUTH IRVING STREET (FORMERLY LOLA AVENUE); AND ON THE SOUTH BY THE SOUTH LINE OF THE PARKER - ADDITION TO.THE CITY OF BEAUMONT, TEXAS.; RESERVING, HOWEVER, ALL.RIGHTS OF THE CITY OF BEAUMONT TO,CON- STRUCT AND MAINTAIN SANITARY. SEWER LINES UPON AND ALONG THAT EASEMENT GRANTED TO THE CITY..OF BEAUMONT, BY WRITTEN INSTRUMENT, FROM THE ADJACENT PROPERTY OWNERS. -AND RUNNING NORTH AND SOUTH THROUGH THE.CENTER OF SAID BLOCK FOR A DISTANCE OF 150 FEET FROM THE SOUTH LINE OF THE PARKER ADDITION TO -THE CITY OF BEAU- MONT, TEXAS: WHEREAS, a question has been raised as to whether or not an alley exists, running North and South through the center of that certain block of land located in the Parker Addition to the City of Beaumont, Texas, and bounded on the East by Highland Avenue, on the North by Highland Drive (formerly Thelma. Street), on the West by South Irving Street (formerly Lola Avenue), -and on the South by the South line of the Parker Addition to the City of Beaumont, Texas; and, WHEREAS, the City of Beaumont has never recognized an alley, if existing, at said place, and if existing, desires to vacate and abandon same, subject to the rights of the City of Beaumont under a certain written easement granted to the City of Beaumont, by the adjacent property owners to construct and main- tain sanitary sewer lines running North and South through the center of said block described, for a distance of 150 feet North of the South line of the Parker Addition; and, 11 -. '_ WHEREAS, a petition signed by all of the property owners of said block described, has been presented to the City Council of the City of Beaumont, requesting that said alley, if existing; running North and South through said block, be vacated and abandoned; and, WHEREAS, said petition has been duly canvassed and examined by the City Council and has been found to have been signed by all of the property owners in said block; and it appearing to the City Council that the request of the property owners should be granted, and in order to remove any question as to the existance of said alley, that an ordinance should be enacted vacating and abandoning said alley, if it does exist, running North and South through the center of said block above described, reserving, however, to the City of Beaumont, those rights, and only those rights, that the City of Beaumont has under said written easement from adjacent property owners to construct and maintain sanitary sewer lines, running North and South through the center of said block for a distance of 150 feet North of the South line of said block. NOW, THEREFORE, BE IT ORDAINED BY THE,CITY OF BEAUMONT: That that certain alley, if. existing, 20 feet wide, running North and South through the center of that block of land located in the Parker Addition to the City of Beaumont, Texas, and bounded on the East by Highland Avenue, on the North by High- land Drive (formerly Thelma Street), on the West by South Irving Street (formerly Lola Avenue), and on the South by the South line of the Parker Addition to the City of Beaumont, Texas, shall be, and is hereby, by the City of Beaumont, Texas, abandoned, discon- tinued, abolished and closed; and that the title to such alley, if any alley ever existed, shall revert to and become the property of the owners of land in said block bordering on said alley (if said alley ever existed), as provided by law; reserving, however, the -2- rights of the City of Beaumont to construct, in and upon that easement granted, in writing, to it by adjacent property owners, sanitary sewer lines, running North and South, through the center of said block described, for a distance of 150 feet North of, and from, the South line of said block described. Passed by the City Council this &-4�—�day of May, A. D., 1951. / Mayor. PETITION FOR THE CLOSING BY THE CITY COUNCIL OF THE CITY.OF BEAUMONT OF ANY ALLEY, IF.EXISTING,_RUNNING NORTH AND SOUTH,THROUGH THAT BLOCK OF LAND, BOUNDED OF THE EAST BY HIGHLAND AVENUE, ON THE.NORTH BY HIGH- LAND DRIVE, ON TEE. -WEST BY SOUTH IRVING STREET, AND. ON THE SOUTH BY THE SOUTH LINE . OF. THE PARKER ADDITION TO BEAUMONT, TEXAS, SAID_ BLOCK BEING WITHIN THE PARKER ADDITION TO THE CITY OF _BEAUMONT, _ TEXAS. TO: THE CITY COUNSEL OF THE CITY OF BEAUMONT. COME NOW, the undersigned, constituting the full ownership of, and all the owners of lands and improvements, or any part thereof, located within that block of.land, situated in the Parker Addition to the City of Beaumont, Texas, and bounded on the East by Highland Avenue; on the North by Highland Drive (formerly Thelma Street); on the West by South Irving Street (formerly Lola Avenue); and on the South by the South line of the Parker Addition to the City of Beaumont, Texas, and respectfully move and request the City of Beaumont, Texas, acting by and through the City Council, to vacate, close andabandon,-and so ordero any -alley, if existing, running through the center of said block, in a Northerly and South- erly direction, the undersigned property owners being the only owners, and all of the owners whose lots and properties in anywise abut upon said alley, if existing, and for reason for closing the said alley (if existing), respectfully show to the City Council: I That neither the City of Beaumont, nor thepublic, nor the owners of said property in said block, or any of them, have ever recognized the existance of any such alley, nor has any such alley ever been used, set aside, or laid out upon the ground. II However, confusion as to said matter has arisen because of the following facts: On January 24, 1924, a map of the Parker Addition was recorded by T. A. Parker, the owner of the lands upon which said Addition is situated, in Volume 3, Page 61 of the Map Records of Jefferson County, Texas. Thereon was shown Block 2,(which Block 2, if it had continued to exist, would include the block of land herein- before described); upon said map so filed there was shown to be an alley 20 feet wide, running North and South in the center of said::Block 2, which, would be along the center, running -North and South, of the block of land above described, and pertaining to which this petition is made. However, on August 18, 1924, a new instrument and map was filed with reference to said lands owned by T. A. Parker (and wife, Lula Parker), which had previously been covered by the map recorded in Volume 3, Page 61, of the Map Records above stated. This new map was filed for record on August 18, 1924, and recorded in Volume 4, Page 103, of the Map Records of Jefferson County, Texas. This map was filed in lieu of, and in place of, the map previously filed as described herein. In the map filed on August 18, 1924, as to the Parker Addition, the block here involved, was no longer designated as Block 2, or a part thereof, and was no longer designated as having an alley therein running North and South. Before the filing of said second map there had been no formal acceptance of the first map by any governmental authority, nor had there been any use made of said claimed alley, running North and South in said Block 2. III Since said second map was filed, some conveyances have been made of lands located in the block of land concerning which this petition relates, which conveyances attempted to convey a portion of the block here involved by reference to a block number and lot number which did not exist of record in the County Clerk's Office. However, there was such a map existing of record in the office of the Tax Collector of South Park Independent School District and this map purported to show an alley running North and South through the middle of the block hereinbefore described. IV Said alley has never been opened. No use has ever been made of same by the public. It has never been laid out upon the ground. It isnot necessary to the convenience of the owners of the property in said block, nor is it convenient or necessary for the use of the public. Accordingly, it is respectfully requested and prayed by the undersigned, being all of the property odmers , within said block, that the Honorable City Council of the City of Beaumont vacate and close said alley, and so declare by ordinance. Respectfully submitted, THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared Thelma Parker, a feme sole, 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 considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of May, A. D., 1951. Notary Public in and for Jefferson County, Texas.. THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared Charles P. Weideman, known to me to be the person whose -3- 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 MY HAND AND SEAL OF OFFICE this the /s� day of May, A..D., 1951. Notary Public in and for Jef rson County, Texas. - Wiuic BcLLE THE STATE OF TEXAS 0 COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of May, A..D., 1951• Notary Public in and for Jefferson - County, Texas.. THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared- ao: Tic , known to me to be the person whose name is subscribed to the foregoing instrument, .......... and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 21= day of == --May; A. -D., 1951• Notary Public in and for Jef n County, Texas.. THE STATE OF TEXAS [?ONG COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared hit . CaY-Zj5/c-- , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that !�P- executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of _ May, A. D., 1951. Notary Publie' in and for Jefferson County, Texas . . THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared and , his wife, both known to me to be the persons whose names are -sub -- scribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said , acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of May, .A..D.., 1951.. Notary Public in and for Jefferson County, Texas.. THE STATE OF TEXAS j COUNTY OF JEFFERSON C. P. Weideman, being first duly sworn, states upon oath that he is fully cognizant of the ownership of lands located within the block of land to which this petiticrnpertains; and that the parties who have signed the foregoing petition are the owners, and all the owners of lands, and interest therein, as located in said block of land above described, as well as all of the - owners of lands and interest in lands that in anywise abut upon the alley, if existing, to which this petition pertains. This the 2Z1 day of May, A. D. , 1951. SWORN TO AND SUBSCRIBED before me, the undersigned authority, by' C. P. Weideman _in Beaumont, Jefferson County, Texas, on this the 22N"' day of May, A. D., 1951. . Notary Public .in and fg& Jefferson County, Texas C.iC UG{.L is SMIC)i,y'�