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HomeMy WebLinkAboutORD 76-204 ORDINANCE NO. � !v [ 1 ENTITLED AN ORDINANCE VACATING, CLOSING AND ABAN- DONING A 0.424 ACRE PORTION OF PRUTZMAN ROAD RIGHT- OF-WAY, EXPRESSLY RETAINING SAID 0.424 ACRE TRACT AS A GENERAL UTILITY EASEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED, WITHOUT WARRANTY, FOR AND IN BEHALF OF THE CITY OF BEAUMONT, CONVEYING A 0.297 ACRE TRACT TO THE ABUTTING OWNER, JEFFERSON MANAGE- MENT, INC. FOR $1,500 AND THE CONVEYANCE OF A 0.002 ACRE TRACT FROM LANCASTER HOUSE APARTMENTS, SAID CONVEYANCE BEING HEREIN ACCEPTED; AND SUSPENDING SUBSECTION 42-5(7)�, TO THE EXTENT IT MAY BE IN CON- FLICT HEREWITH, UNTIL THE PASSAGE OF THIS ORDINANCE BECOMES EFFECTIVE. WHEREAS, because the realignment of Prutzman Road in relation to Phelan Boulevard leaves a 0.424 acre tract of land without any present or anticipated public use forlight-of-.way -purposes, except as herein re- served; and, WHEREAS, it is deemed by the City Council of The City of Beaumont to be in the best interest of The City of Beaumont and its citizenry to vacate, abandon, and close said 0.424 acre portion of Prutzman Road right- of-way, save and except the reservation of said 0.424 acre portion of right-of-way for the location, placement, construction, maintenance and repair of a general utility easement, said 0.424 acre portion of Prutzman Road right-of-way being more particularly described by and in Enclosure (1) of this ordinance, said -Enclosure (1) being made a part hereof as fully and completely as though copied verbatim herein; and, WHEREAS, upon vacation, abandonment.and closure of said 0.424 acre portion of Prutzman Road, a portion of said 0.424 acre tract will revert, by operation of law, to The City.of Beaumont, by virtue of its ownership, in fee, of certain right-of-way abutting said 0.424 acre tract on the south side thereof, said portion reverting to.The City of Beaumont consisting of 0.164 acres, more or less, and is embraced within the con- veyance of 0.297 acres described by and in Enclosure (2) of this ordinance, said Enclosure (2) being made a part hereof as fully and completely as though copied verbatim herein; and. WHEREAS, said 0.164 acre tract reverting to The City of Beaumont, together with a 0.133 acre tract (owned in fee by The City of Beaumont) �-�� a� oZ-10-alp 6/°J abutting on the south the portion of Prutzman Road herein vacated, comprising a total of 0.297 acres, is a narrow strip of land so shaped and so small as to be incapable of being used independently as zoned under the zoning ordinances of The City of'Beaumont, and further is a portion of land, or interest therein, which was originally acquired for the purpose of street right-of-way and which The City of Beaumont chooses to exchange, partly in trade and partly in cash, for other right-of-way needed by The City of Beaumont, all.to the only owner of land, other than The City of Beaumont, abutting thereto, all of which in the opinion of the City Council, exempts said sale to said abutting property owner from Section 2 of Article 5421c-12 of the Texas Civil Statutes requiring bid procedures and publications prior to the sale or disposal of real property interest belonging to a political subdivision; and, WHEREAS, The City of Beaumont has obtained an dpprai%Ll by Mr.C. E. Dedman, who has appraised said 0.297 acres of land, as described in Enclosure'(2) hereto, at the fair market value of $1,500, when burdened by an easement as hereinafter provided; and, WHEREAS, the City Council finds that the acquisition of a 0.002 acre tract of land on Dowlen Road is necessary for the widening, cbnstruc- tion and maintenance of Dowlen Road, and the placement'thereon of a traf- fic control light or other traffic control device, and the placement of general utilities, said 0.002 acre tract being more particularly described by and in Enclosure (3) of the ordinance, said Enclsoure (3) being made a part hereof as fully and completely.as though copied verbatim herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 THAT that certain portion of Prutzman Road right-of-way consisting of 0.424 acres, more or less, as described in Enclosure Cl) hereto, be, and the same is hereby, vacated,,closed and abandoned, and that title to such property shall revert.to and become the property of the persons en- titled thereto, as provided by law; providing, however, that the 0.424 DOM acre tract as described in Enclosure (1) hereto is expressly retained by The City of Beaumont for general utility purposes only, it being the intent of this ordinance to abandon said tract of land as a street right- of-way, but to retain the said .tract for general utility purposes only. Section 2. THAT the City Manager be, and he is hereby, authorized to execute for and in behalf of The City of Beaumont, a deed, �,�Tithout warranty, con- veying the City's right, title and interest in and to. the 0.297 acre tract described by and in Enclosure (2) of this ordinance to Jefferson Management, Inc., Trustee, subject to the reservation of a general utility easement as therein described, for and in consideration of the following: A. The cash sum of $1,500; and B. The conveyance by Jefferson Management, Inc., acting in its capacity as general partner of Lancaster House Apartments, a Texas limited partnership, of fee title in and to that certain 0.002 acre tract of land described by and in Enclo- sure (3) of this ordinance to The City of Beaumont for street right-of-way purposes, which convovance is hereby accepted for and in behalf of The City of Beaumont. Section 3. THAT to the extent subsection 42-5(7.) of the Code of Ordinances of The City of Beaumont may be in conflict with the passage of this ordi- nance without a recommendation from the Planning and Zoning Commission,.. said subsection 42-5(7) is suspended until the passage of this ordinance becomes effective, under law. PASSED BY THE CITY COUNCIL of The City of Beaumont this the day of , 1976. -3- .. THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority; on this day personally appeared KEN RITTER, MAYOR OF THE CITY OF BEAUMONT., TEXAS, known to me to be the person whose 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 day of2J..1�X.�. 4Nt art' Public �in and for VI Jefferson County, Texas BEING a 0.424.acre tract of land out of the C. Williams League in Beaumont, Jefferson County, Texas,, and being a part ofthat tract of land conveyed by Charles L. Whynot to Nichols Develop- ment Company by -deed dated December 21, 1967; said deed being recorded in Volume 1530 at page 8 of'the Deed Records of Jefferson County, Texas, said tract also being a part of that tract of land conveyed by T. H. Langham to Lawrence Harmon by deed that is.recorded in Volume 195 at page 35 of the Deed Records of Jefferson County, Texas, said tract also being a part of the Prutzman Road right-of-way, said tract being more particularly described by metes and bounds as follows: For a locative corner begin at a one-half inch steel rod in the South right-of-way line of Prutz- man Road and in the North line of the C. Williams League locating.the Northwest corner of said Ni- chols Development Company tract of land;. THENCE North 890 13' East with the North line of the C. Williams League and the South line of Prutz- man Road 292.66 feet to a galvanized iron pipe for a point for a corner; THENCE North 10 47' 58" East 60.59'feet to a point in the north right-of-way line of Prutzman Road, said point being the intersection of the North right-of-way of Prutzman Road and the North right- of-way of Prutzman Road Extension, the point also being the PLACE OF BEGINNING of the herein described tract of land; THENCE North 890 131 East 458.2 feet with the North right-of-way of Prutzman Road to a point for corner, said point being the intersection of the North right- of-way of Prutzman Road and the North right-of-way of Phelan Boulevard; THENCE South 640 23' West 144.2 feet with the North right-of-way of Phelan Boulevard to a point for cor- ner, said point being the intersection of the North right-of-way of,Phelan Boulevard and the South right- of-way of Prutzman Road; THENCE South 890 13.';. -West 188.74 feet with the South right-of-way of Prutzman Road to a point for corner,_ said point being the intersection of the South right- of-way of Prutzman Road and the North right-of-way of Prutzman Road Extension; THENCE deflecting to the left along the arc of a curve (said arc being the North right-of-way line of Prutzman Road Extension.) whose central angle is 28° 11' 28" and whose radius is 310 feet an arc distance 152.53 feet to the PLACE OF BEGINNING of the herein described tract of land containing 0.424 acres of land more or less. ENCLOSURE (1) TO ORDINANCE NO.' 7_� D..E :,E D THE STATE OF TEXAS- X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON. . That The City -of Beaumont, a municipal corporation domiciled in Jefferson County; Texas,,,hereinafter.-called GRANTOR, for and in consideration of the sum of FIFTEEN HUNDRED AND N0/100 ($1,500.00) DOLLARS, and other good and valuable consideration, to it in hand paid by Jefferson Management, Inc., Trustee, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents, does GRANT,,SELL and CONVEY unto the said Jefferson Management, Inc., Trustee, and to its successors and assigns, the following described property situated in Beaumont, Jef- ferson County, Texas, to -wit: BEING a 0.297 acre tract of land out of the C. Williams League in Beaumont, Jefferson County, - Texas, and being a part of that tract of land conveyed by Charles L. Whynot to Nichols Devel- opment Company by deed dated December 21, 1967; said deed being recorded in Volume 1530 at.page 8 of the Deed Records of Jefferson County, Texas, said tract also being a part of that tract of land conveyed by T. H. Langham to Lawrence Harmon by deed that is recorded in Volume 195 at page 35 of the Deed Records of Jefferson County, Texas, said tract also being a part of the Prutzman Road right-of-way, said tract being more particularly described by metes and bounds as follows: For a locative corner begin at a one-half inch steel rod in the South right-of-way line of Prutz- man Road and in. the North line of the C. Williams League locating the Northwest -corner of said Ni- chols Development Company tract of land; THENCE North 899 13' East with the North line of the C. Williams League and the South line of Prutz- man Road 292.66 feet to a galvanized iron pipe for a point for a corner;. THENCE North 10 47' 58" East 60.59 feet to a point in the North right-of-way line of Prutzman Road; THENCE North 890 13' East 458.2 feet with the North right-of-way line of Prutzman Road to a one-half inch steel rod, said point being the intersection of the North right-of-way line of Prutzman Road and the North right-of-way line of Phelan Boulevard.- ENCLOSURE oulevard; ENCLOSURE (2) TO ORDINANCE NO.' THENCE South 64° 23' West 72.1 feet along the North right-of-way of Phelan Boulevard to a point for corner, said point being the inter- section of the centerline of the 60 foot wide Prutzman Road right-of-wav and the North right- of-way of Phelan Boulevard and also being the PLACE OF BEGINNING of the herein described tract of land; THENCE continuing South 64° 23' West, at 72.1 feet.pass the intersection of the South right- of-way of Prutzman Road and the North -right-of- way of Phelan.. -.'Boulevard a total distance of 216.1 feet to a point for corner, -said corner being the, intersection of the North right-of-way of the Prutzman Road Extension and the North right-of- way of Phelan Boulevard; THENCE deflecting to the left along the arc of a curve (said arc being the North right-of-way line of the 60 foot wide Prutzman Road Extension) whose central angle is 25° 50' 27" and whose rad- ius is 310 feet, at 84.09 feet pass -the intersection --of the South Prutzman Road right-of-way and the North Prutzman Road Extension right-of-way, a total arc distance of 139.82 feet to a point for corner, said corner being the intersection,of the North' Prutzman Road Extension right-of-way and the cen- terline of the 60 foot wide Prutzman Road right-of- way; THENCE North 891 13' East 301.2 feet with the cen- terline of the Prutzman Road right-of-way to the PLACE OF BEGINNING of the herein described tract of land containing 0.297 acres of land more or less. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in anywise belonging unto the said Jefferson Management, Inc., Trustee, its suc- cessors and assigns, save and except the following reservation: GRANTOR reserves unto itself, its successors and assigns, the right to use the land hereby conveyed and described above, for water, sewer and gas pipes, telephone and power lines and posts,.and conduits for any other public utility. WITNESSETH this the 16 4h day of 1976. IWJE THE CITY OF BEAUMONT By - 'Hbward McDanie Acting City Manager 2-6 THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared HOWARD MCDANIEL, 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 of the said CITY OF BEAUMONT, A MUNI- CIPAL CORPORATION domiciled in Jefferson County, -Texas, and that he executed the same as the act of such CITY OF BEAUMONT, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the %(jv day of 1976. • i N -6tc iry Public in and for -•� °. '261,�. Jefferson County, Texas - 4 aoaaae• �J - -3- D E E D THE STATE OF TEXAS X COUNTY OF JEFFERSON X ;�n�✓,<< 1h�zn KNOW ALL MEN BY THESE PRESENTS: THAT Lancaster House Apartments, a Texas limited partnership, hereinafter called GRANTOR, for and iri consideration of the sum of One and No/100 ($1.00) Dollar, and other good and valuable considera- tion, to it in hand paid by The City of Beaumont, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents, do SELL, GRANT and CONVEY unto said The City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, and to its successors and assigns, the following de- scribed property situated in Beaumont, Jefferson County, Texas, to - wit: BEING a 0.002 acre tract of land out of the . H. Williams League in Beaumont, Jefferson County, Texas and being a portion of the Lancaster House Apartments, Inc., tract of land and being more particularly described by metes and bounds as follows: BEGINNING at a concrete monument in the West right-of-way ' line of Dowlen Road and the North right-of-way line of Prutzman Road lo- cating the Southeast corner of the Lancaster House Apartments,.Inc., tract and the South- east and the beginning corner of the tract of land herein described; THENCE North 0 degrees 11 minutes East with the West line of the Dowlen Road 20.7. feet to a galvanized iron pipe for corner; THENCE in a Southwesterly direction with the arc of a curve whose central angle is 64 de- grees 11 minutes 39 seconds and whose radius is 33 feet, the tangent of said curve bears South 0 degrees 11 minutes West; THENCE in a Southwesterly direction with said curve to the right ari arc distance of 36.97 feet to a galvanized iron pipe in the North right-of-way line of Prutzman Road; THENCE North 64 degrees 22 minutes 39 seconds East with said North line 20.7 feet to the place of beginning, containing 0.002 acres of land. ENCLOSURE (3) TO ORDINANCE NO.' TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in anywise belonging unto the said The City of Beaumont, Texas, its successors and assigns, save and except the following reservation: The GRANTOR reserves all of the oil, gas and sulphur in and under said land, but waives all right of ingress and egress to or from the surface of said land for the purpose of exploring, develop- ing, mining or drilling for the same. WITNESSETH this the M THE STATE OF TEXAS X COUNTY OF JEFFERSON X day of , 1976. LANCASTER HOUSE APARTMENTS, A TEXAS LIMITED PARTNERSHIP BY JEFFERSON MANAGEMENT, INC., ITS GENERAL PARTNER By: W. M. Callaway, Jr. President BEFORE ME, the undersigned authority, on this day personally appeared W. M. CALLAWAY, JR., President of Jefferson Management, Inc., a general partner of the partnership of Lancaster House Apartments, a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the.act of Jefferson Management, Inc., and that the same was the act of said Lancaster House Apartments, a Texas limited part- nership, and that he executed same as President of its General Partner, and as the act of said partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1976. -2- Notary Public in and for Jefferson County, Texas r FILED FOR RECORD � 'k�19891. COUNTY CLERK JEFFERSON COUNTY, TEXAS MAR 24 fl 00 +x'76 DEED RECORD STATE OF TEXAS COUNTY OF JEFFERSON I hereby certify that this instrument was FILED for RECORD on the date and at the time stamped hereon; and duly RECORDED without delay in the Volume and Page of the above named RECORDS of Jefferson County, Texas as stamped hereon by me. M 1 COUNTY CLERK JEFFERSON COUNTY, TEXAS