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HomeMy WebLinkAboutRES 22-210RESOLUTION NO. 22-210 WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit 'A," attached hereto, for the Washington Boulevard Phase 11 Project: Description: 5' x 50' wide sidewalk easement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 5, Block 1 of Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owner: Patrick Gibbs Appraised Value: $709.00 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 purchase of the above described property be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described property. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE_,G,�XnQQNCIL of the City of Beaumont this the 30th day of August, 2022 - Mayor Robin Mouton - AGREEMENT PROJECT: Washington Blvd Phase 2 Property ID #: 19017 THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between the Patrick Gibbs, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described filly in a Special Warranty Deed to be executed by GRANTOR, to which reference is hereby made for complete description, said property being briefly described as follows: 250 square feet sidewalk easement situated in the J. W. Bullock Survey, Abstract No. 7, being out of and part of Lot 5, Block 1 of Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas. The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: SEVEN HUNDRED NINE AND NO/I.00 DOLLARS ($709.00) All liens and taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this day of AU , 2022. CITY OF BEAUMONT qatric�k TOR Z Antoinette Hardy Gibbs Real Property Coordinator EXHIBIT "A" iuimiiuiuiuiiuuu �D= 2022031546 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § SIDEWALK EASEMENT THAT PATRICK GIBBS, hereinafter called "GRANTOR", for and in consideration of the sum of ONE AND N01100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE" or the "CITY", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY unto the said CITY OF BEAUMONT, its successors and assigns a right, privilege, and easement for sidewalk purposes in, over and across that certain tract of land owned by GRANTOR in the CITY OF BEAUMONT, Jefferson County, Texas, said easement described in Exhibit "A" attached hereto and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of constructing, reconstructing, and maintaining sidewalks, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City shall have the right of ingress to and egress from the above described tract of land of the GRANTOR as well as beneath and below the surface of the above described easement for the aforesaid purposes of this easement. The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair any damage caused by the City and restore Grantor's property to the same condition as before City's work, including the relocation of any subsurface improvements such as sprinkler lines. The City also agrees that any work performed under this easement shall not deny pedestrian and vehicular ingress and egress to and from Grantor's property. Acknowledging the limitations placed upon municipalities by the State Constitution, the City agrees, only to the extent allowed by the laws and Constitution of the State of Texas, to indemnify and hold Grantor, and any tenant of Grantor, harmless from claims, actions, costs and damages arising from any injury suffered by third parties due to the City's negligence or intentional acts under this easement. TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT, Jefferson County, Texas, its successors and assigns forever. EXECUTED this day of , 2022. GRA R: By: d/ Patrick Gibbs L ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this lb—L day of , 2022, by Patrick Gibbs. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1�`' day of S 2022. CRYSTAL GARZA Lo' Notary Public, State of Texas Comm. Expires 05-13-2023 Notary ID 132009734 City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 &,jj� ajA-0-1-*--- Notary Pu lic, State o Texas 4 '^ Y'fr a -. $ a .,.c � _ x' _ w y �r —• -af" a� vaa: � ,y. PROPERTY, ID r r v s 19017 k_ A LOT r , 5 . Al PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION BEAm'" U TEXAS WASBINGTON BLVD SIDEWALK EASEMENT SKETCH EXHMrP-A DATE: IB OB 2022 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 44tt�-4; Laurie Leister, County Clerk Jefferson County, Texas September 13, 2022 01:06:17 PM FEE: $38.00 2022031546