HomeMy WebLinkAboutORD 76-47ORDINANCE NO.
lx
ENTITLED AN ORDINANCE AUTHORIZING THE MAYOR
TO EXECUTE A.DEED, WITHOUT WARRANTY, CONVEY-
ING IN BEHALF OF THE CITY OF BEAUMONT TO THE
ABUTTING OWNER, AMERICAN -DARLING VALVE & MANU-
FACTURING CO., INC., A 1,117 SQUARE FOOT POR-
TION OF RIVERS CIRCLE, IN CONSIDERATION OF
$300.00 AND CERTAIN COVENANTS DESCRIBED IN
ENCLOSURE (1) HERETO; AND SUSPENDING SUBSEC-
1TION 42-5(7), TO THE EXTENT IT MAY BE IN CON-
FLICT HEREWITH, UNTIL.THE PASSAGE OF THIS OR-
DINANCE BECOMES EFFECTIVE.
WHEREAS, that 1,117 square foot portion of Rivers Circle de-
scribed is no longer needed for public right-of-way purposes; and,
WHEREAS, it is deemed by the City Council of The City of Beau-
mont to be in the best interest of The City of .Beaumont and its citi-
zenry to sell said portion described in Enclosure (1), to American -
Darling Valve & Manufacturing Co., Inc., the only property owner abut-
ting said portion; and,
WHEREAS, said portion of right-of-way to be so sold is a nar-
row strip of land so small as to be incapable of being.used indepen-
dently as, zoned, 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 pub-
lications prior to the sale or disposal of real property interests be-
longing to a policitcal subdivision; and,
WHEREAS, The City of Beaumont has obtained an appraiser by Mr.
C. E. Dedman, who has appraised said portion at the -fair market value
of THREE HUNDRED AND N0/100 ($300.00) DOLLARS; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the Mayor be, and he is hereby, authorized to execute for
and in behalf of The City of Beaumont, a deed, without warranty, con-
veying the City's right, title and interest in and to the property de-
scribed by and in Enclosure (1) of this ordinance to American -Darling
Valve & Manufacturing Co., Inc., for and in consideration of the follow-
ing:
76/ - 7
f 7.�
95/�y
A. The cash sum of $300.00; and,
B. The covenant by Grantee, as'stated in Enclosure (1), to
indemnify and hold -harmless The City of Beaumont, as.therein provided,
against any claim or lawsuit by persons owning any interest in and to
property abutting Rivers Circle in The City of Beaumont.
Section '2.
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 or-
dindnce without a recommendation from the. Planning & 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
(,�„"C ,
1976.
SOM
.;-
THE STATE OF TEXAS
ENCLOSURE (1)
X
DEED WITHOUT WARRANTY
COUNTY OF JEFFERSON
X
KNOW ALL MEN BY THESE PRESENTS:
THAT The City of Beaumont, a municipal corporation domiciled
in Jefferson County, Texas, in consideration of THREE HUNDRED AND
N0/100 ($300.00) DOLLARS, to it in hand paid by American -Darling
Valve & Manufacturing Co., Inc., the receipt of which is hereby ac-
knowledged, and the further consideration of the -covenants herein
stated, has GRANTED, SOLD and CONVEYED, and by these presents do
GRANT, SELL and CONVEY to American -Darling Valve & Manufacturing Co.,
Inc., of the County of Jefferson, State of Texas, all of the following -
described real property located in The City of Beaumont,'County'of Jef-
ferson, State of Texas, being described as follows:
THE herein described parcel of land, being
1117 square feet out of Site 3 of the M. M.
Van Wormer Industrial Sites, plat of which
is recorded in Vol. 5, Page 76 of the Map
Records of Jefferson County, Texas, said
site being now known as Lots 1, 2, 3, and
4 of Rivers -Terrace Addition to the City of
Beaumont, Texas, plat of which is recorded
in Vol. 8, Page 30 of the Map Records of
Jefferson County, Texas, said parcel being
in the form o,f a segment of a circle and
being adjacent to Lots 3 and 4 of Rivers
Circle Addition, and more fully described_
as follows:
BEGINNING at a point in the East line of
Lot 3 of Rivers Terrace Addition, said
point being sixty (60) feet N. 0° - 30' W.
along the East line from the Southeast cor-
ner of said Rivers Terrace Addition_, Lot 3.
THENCE N. 00 - 30''W. eighty (80) feet to a
point in the East line of Rivers Terrace
Addition, Lot 4.
THENCE along the circumference of a segment
of a.circle, the diameter of which being one
hundred (100) feet, the chord of which being
eighty (80) feet, to the POINT OF BEGINNING
and containing 1117 square feet or .025 acres,
more or less.
TO HAVE AND TO HOLD the above-described premises, together with
all and singular the rights and appurtenances thereto in anywise belong-
ing unto American -Darling Valve & Manufacturing Co., Inc., its suc-
cessors and assigns, forever.
WHEREAS, it is the intent of Grantor and Grantee that, as
between the"two, Grantee shall assume all liability which may accrue
to abutting property owners by virtue of this conveyance, and that
the acceptance of such liability by the Grantee is part of the consi-
deration for the herein conveyance ;'NOW, THEREFORE, further know all
men by these presents:
That, by acceptance of delivery of this deed, the Grantee,
American -Darling Valve & Manufacturing Co., Inc., hereby covenants to
save the Grantor harmless and indemnified from all damage, liability
or expense incurred or claimed by any person having an interest, whe-
ther in fee or"otherwise, of any property abutting Rivers Circle in
The City of Beaumont, Jefferson County,, Texas, resulting from or
claimed to have _resulted from,. this conveyance, and Grantee further
covenants, by acceptance of delivery of this deed, to defend -the Gran-
tor, The City of Beaumont, against any claim or lawsuit brought by or
in behalf of said persons, at Grantee's sole expense.
WITNESS ray hand this the �- day of ► 1976.
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally
^' appeared KEN RITTER, 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 THE CITY OF BEAUMONT, and
,that he executed the same as the act of THE 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 day
of ,,.✓e " , 1976.
N ary Rubls in and for
J ffer_son County; Texas
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